Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-02-14
WEDNESDAY, FEBRUARY IA, 1927.
[ror the Phenix Gazette.]
BAYARD.-No 9.

BAYARD.-No y.
n, o.. 1,,uo,ah Lewis McLASk, Representative in
Congress from the State Of Dela,care
srR.-Mueh has been said and written, con.
corning the mutual obligations existing between
the erea, body of society, and the individual
members of which il is composed. The sub
;ect has been matter of discussion amongst
the philosophers and politicians OF almost eve
nv age of the world, Of which history gives us
any information But, much as the subject had
been examined, it appeared, for a long ,ime,to
have been but very imperfectly understood; and,
indeed, no complete prac,icalexperiment oil go
yerpmen,, founded upon truly fair and liberal
principles, had ever been made previous to the
declaration Of American independence, and the
formation of our constitution which owes its
existence to that declaration. BY these events,
however, the mystery has been solved; and that
which had so long puzzled and perPiexed the
minds Of the wisest men, is now clearly under
stood and made manifest to the most ordinary
comprehension, as very plain and simple mat
ter. A constitution Of government, is now
known to be nothing more nor less than articles
of compact and agreement, between the differ
en-, members Of political society, & to which
every citizen of the state isas much party, as
if he had formally signed his name to the IN
.,rument. It'll bond Of security for the enjoy
men, OF political rights to each individual, and
an indcmni6ca,io against the political wrongs
Of those in authority 1t is, in short, the most
solemn aud paramount expression OF the public
will, OF which the officers ofthe government, are
sr wifi Is 81 pae eo ns
tuition under which they act, and the laws made
in accordance with its provisions. To them i,
operates as lettes Of attorney, empowering
and instruc,ing them 10 perform certain acts
for the benefit Of the community. In case of
so much plainness, it would seem that no diff
Guilty could reasonably exist, concerning the
powers and duties Of public officers. The only
question, in reference to any thing suggested as
necessary to be done, is, whether il be compre-
hended in the warrant Of authority. Do the
constitution and the law confer the power? If
they do, & the occasion calls for its exercise then
il becomes duty.-But il, on the contrary, the
power is not given, it cannot be exercised with
out usurpation,-let the pretext be ever so
plausible; because it is fair to presume, that if
the people had intended the power to be used,
they would have given it; and their not having
done so, is sufficient Introduction. In form
er number, I made some allusion TO the doc
tr,ne that the necessity of the case is sufficient
authority for the assumption OF any power, or
the performance of any act which might, in the
estimation OF those in power, be necessary to
secure the public interest and safety. This is
doctrine of so alarming and dangerous ten
dency, that feel as though the public could
not be too frequently warned Of its consequent
ces, II has served as bolster for arbitrary
power, ever since the spirit Of conquest FIRST in.
Aueneed the human breast, and has been the
plea on which it has uniformly rested its
claim. to public appreciation. I, is doctrine
which, if once permitted to infuse itself into our
practice, cannot be restrained within any rea-
.onable bounds; because i. is SO dependentupon
hvno,besis and uncertain contingencies, as it
regards particular acts, that there is no such
thing as reasoning correctly abou, 1.-THE facts
being always developed in SO much doubt. The
only safe way, therefore, is TO deny its correct
ness altogether--this the trainers Of our eOnsli-
tuition have wisely and positively done-oy de-
elaring that all powers not delegated remain
with the people. Still however, the maxim
that call things are lawful in serving our coun-
try," has many advocates among US. The Sc
curity Of personal liberty, being the principal
inducemept 10 the formation of the social COM
pact, it cannot be too serupulously guarded
This, by the constitution of the Uni:ed States,
is provided for in the most positive Manner
In the sth section Of the LIST article it Is de.
clarsd, that the writ Of habeas corpus is inhe-
rent in every citizen.-The words are these:
"The privilege Of the writ Of habeas corpus
,haII not be suspended, unless when in cases Of
rebellion or INVASION the public safety may re-
auirs IT," A. ii would b worse than folly 10