Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-08-12

mistaken: some making one OF these oodies'
and some both. the representatives Of prop
er,v instead of persons, whereas the double de-
liberation might be as well obtained without
anv violation of true principle, either by requl-
rinp greater age in one of the bodies, or by e..
lsct;ne a proper number of representatives oil
nersoSs. dividing them by lot into two cham
hers and renewing the division at frequent IN
tervals. In order to break up cabais.
oVirrin,a, of which am myself native and
resident was not only the first of the states, but
7 believe may say, the first of the nations OF
tbe earth, which assembled its wise men peacea-
bIv toeether. TO form fundamental constltu-
ton. 10 commit it to writing, and place II a
nonp their archives, where every one should
be free to appeal to its text. But this act was
very imperfect; the other states, as they pro-
ceeded successfully to the same work, MADE
successive improvements; and several OF them,
still further corrected by experience, have by
conventions, still further amended their hrst
forms. MY own state has gone on so Tar with
its premiere ebauche, but it is now proposing 10
cali a convention for amendment. Among
other improvements, hope they will adopt the
subdivisions of our counties into wards; the
former may be estimated at an average OF twen-
" four miles square. the latter should be SIX
miles square each, and would answer 10 the
hundreds Of your Saxon Alfred. In each Of
these might be, | An elementary school; 2.
A company Of militia, with its officers; s. A
Justice Of the peace and constable; T. Each
ward should take care of their own poor; S. or
their own roads; 6 Their own police; T. Elect,
within themselves, one or more jurors 10 attend
the courts of Justice; 8. And here give in at
4 n. ,ba for &C
reserved 10 their election. Each ward would
thus be small republic within itself, and every
man in the state would thus become an acting
member in the common government, transact
ing in person, great portion OF its rights and
duties, subordinate indeed, but important, and
entirely within his competence: the wit OF man
cannot devise more solid basis for free, du-
rable and well administered republic.
"With respect to our state and federal gov
ernmen,s, do not think their relations correct
" understood by foreigners. They generally
suppose the former subordinate to the latter,
but this is not the case, they are coordinate
departments of ore simple integral whole. To
the state governments are reserved all legisla-
ton and administration in affairs which con-
cern'their own citizens only; and to the federal
government is given whatever concerns foreign
ers, or the citizens Of other states. These
functions alone being federal, the one is the
domestic, the other the foreign branch Of the
same government; neither having control over
the other, but within its own Department.
There are one or two exceptions only 10 this
partition Of power. But, you may ask if the
two departments should claim each the same
subject of power, where is the common umpire
to decide ultimately between them. In cases
Of little importance or urgency the prudence
of both parties will keep them aloof from the
questionable ground, but if it can neither be
avoided nor compromised, a convention of the
states must be called, to ascribe the doubtful
power TO that department which they may think
best. You will perceive by these details, that
we have not SO far perfected our constitutions
as 10 venture 20 make them unchangeable-but
STILL in their present state, we consider them
not otherwise changeabe, than by the imme-
diate authority Of the people, or special cleo
ton of representatives for that purpose express
". They are till then the lex egum.
'But can they be made Interchangeable? Can
one generation bind another. and all others in
succession forever? think not. The Creator
hath made the earth for the living, not the dead.
Rights and powers can only belong to persons,
not TO things; not TO mere matter unendowed
with will--the dead are not even things. The
particles of matter which compose their bodies
make part now Of the bodies Of other animals,
vegetables, or minerals of thousand FORMS
To what then are attached the rights and pow
ers they hold while in the form Of man? A ge-
neration may bind itself as long as it, majority
continues in life. When that has disaDp AIRED,
another majority is in place, holds all the rights
and powers their predecessors once held, and
may change their laws and institutions TO suit
themselves; nothing then is Interchangeable but
the inherent and unaliepable rights of man.
81 was glad TO find, in your book, formal
contradiction, at length, CT the Judiciary usnr-
patton Of legislative powers; for such the Judges
have usurPed, in their repeated decisions that
Christianity is part Of the common law
The proof Of the contrary which you have adj
duced is inconiroverlible, TO wit, that the COM
mon law existed while the Anglo-Saxons were
yet Pagans al time when they had never We,
heard the name of Christ pronounced, or knew
that such character had existed. But it NAV
amuse you TO shew when and by what means
they stole this law in upon US In case Of
quare impedlt in the yearbook, 81 H. 6, 70. So,
l45S,) aquestion was made, how far the ecce
siastical law was 10 be respected in common
law court? And Prisot, c. 5, gives his opinion
in these words-"A tiel lies que its dc SENT
egiise ont EN- ahcien scripture, convent nous a
dooner credence; Car Geo common ley sur quels
L -. q 4