Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1822-01-30

OF faction, aOr oil an in!efidttu ainJo'tS'
Should The election OF President devolse
mon the house OF personalities, ara
should a party elect in opposition 70
the will OF the peopIs the attsinder OF sncn
= nresident. II we my Judge from the
tanner publicly syowed by some men OF
political influence, N shl mol be an uneA-
pected event. -.
No,person could safely come 10 the dis
tricl. Congress, if mol bound by Inc
constitution, might make treason to con
sist il any thing; word, a look, or ges-
ture. and having suspended the privilege
of the writ OF habeas corpus might pro-
coed at their leisure to pass bills OF al
tainder. r.
Agsin-Congress might pass "eT po;t
mcto'' laws making those acts criminal,
which were Innocent when committed
Every citizen OF the U. States, has right
TO come to the seat of government. IL
never could be the intention OF the con-
yention to oblige HIM to run these risaues.
Again-Congress would have the right
to Law duty on ar cles exported from the
ports of the District or to grant exclusive
commercial privileges to those ports. II
would have right to make laws respecting
an establishment of religion. prohibiting
the free exercise thereof, abrIdging Inc
freedom of speech and of the press, and
the right Of the people pesceably to as
semble and to petition the government Tor
a redress of grievances; to prevent the
people from keeping and bearing arms; 10
quarter soldiers upon the inhabitants With
out their consent in time Of peace; to make
unreasonable searches, and seizures OF their
persons, houses, papers d etfects-to issue
warrants without probable cause supported
by oath and general warrants;to cause per-
sons found in the District TO answer tor
capital or otherwise infamous crimes,
without presentment or Indictment OF
a Grand Jury-to subject them to be
put in jeopardy OF their lives or limbs
twice for the same offence; to become
witnesses against themselves in criml-
nal cases;to be deprived of life without
due process of Law-to deny them
speedy and a public trial; compulsory
process for their witnesses, and counsel
for their defence;-To abolish the trial
by Jury altogether-To require exces-
sive bail and to infict cruel and unusual
punishments.
If when the Constitution was submitted
to the State conventions tor their approba-
ton, it had been imagined that Congress
would have had such unlimited power in
the District of Columbia, the states never
would have adopted ii.
The District is the national Court ara;
the place in which all the Citizens OF the
United States have right TO meet; 1t is
common property, and they have right
to believe that their personal Liberty is as
safe lille there; rs at their own fire sides;
but this cannot he the case, it Congress, in
Legislating for the District OF Columbia, is
not bound by the CONSTITUTIONS.
II then Congress in egislatiDg tor the
District is bound by the constitution, It
cannot place the judicial power OF the Y.
States in courts whose judges DO not hold
their Office during good behaviour, and
who do not receive for their services COM
pensation not 30 be diminished during
their continuance in office.
Another ground of the unconstitutional,
ty of the bill, is that it deprives the par,
ties Of the right of trial by jury IN all
suits at common law where the value IN
controversy exceeds twenty dollars; in Vi
olation of the 7th amendment Of the con-
slituton.
Should it be said that the party desiring
trial by jury, will have right TO appeal.
and that before the appeal, he may have
trial by jury; answer you cannot make
an unconstitutional tribunal, a constitutions
al one, by giving a party right to appeal
from it. The defect is ia The jurisdiction,
Congress cannot give Justice OF the
peace Jurisdiction to uy the facts OF
Every judgement of justice in such
case would be void. The appellate court
would OF course reverse every such sup
posed Judgment if rendered tor the plain
tiff for want of jurisdiction. 1t could not,
get at the merits Of the case for the want
of valid judgment upon which its own
appellate jurisdiction must be founded
If there be not judgment OF court hay
ing jurisdiction of the cause, there can be
no appellate jurisdiction. For if the court
above should take cognzance Of the case
not appellate jurisdiction, in as much as no
Judgment would have been rendered by a
court having jurisdiction of the case.
But according to the bill, the Circuit
Court is prohibited from taking origi'
nalcognizanee. SO thatif the Bill should
pass, there will be no tribunal eompe-
tent to try causes between 90 and SO
dollars
Before party can get trial by Jury,
he must have Judgment rendered a.
goinSt HIM; and i, is poor compensa.
ton for sending man to an ineompe-
tent tribunal, to tell him, he may ap-