Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-01-15

= .,.,t. e, II, iIt,ps..- Unable 10 sr4Ploy the
,...o,s ubirh God has given him FOR his own
benefit, or for that OF his Country VI sha4'
r, as thousands Of our most useful and meTi-
,oyious ci;izs rs have DOM, abandon his Coun-
try, and seek among stranger The protee''on
which is denied 20 him al home DOES moi
the nation suffer IN its character, as "eiL as III
lis interest. from this STATE OF things Othe'
commercial nations have bankrupt avs, HhfCh
Droieci noi only the person but the future earn
ings OF the fair insoi,eni- Do We not Strength
en- our commercial rivals, aud weaken ourselves
bv the lranfsrring 10 thrm such Z number OF
hie,,minded, Intelligent, and eDteTPrising ei-
tizeus!
No man can hesitate 30 admit these facts -
They are 81 obvious as II written will a sun
beam. But, say the advocates fer imDrison-
men;, he persons Of whom you speak Cannot
be sdmitted to the bens fl of this law. because
Ire ninth section OF the STs; article oF the Con
s,i,u,ion fnrbids Congress 10 pass s"y er posi-
fceio law; eud a law which should in any de-
gree impair the remedy which the CREDITOR now
has agaies, he debtor, would have an II post
faeio operation. and would therefore be uneon>
s,:.uIionsl. And, secondly That the debtor
at the time Of making tar contract, did vo'un'
tsr'I, pledge, no, only his present propeii!
but his fu,urs earnings, and his p,Isonsi ..e''
~, as security for tie fulhlmeHt u aa6<SnaFact
Ard, thirdly, Thai Inc creditor hasS%ahsoiutt
right TO his. MONEY, defeasirir in no otneF man
nrr than by psylnen', 10 default 81 which. I'M
prisonmsn' is a jus, punishment for his i@isc
dealing CT iHI so. o;Iirn'e.
In nv re2Cconmunication / propose 10 ex-
anime these arguments, and expect TO prove
that the article referred 20. applies not az oil to
he power Of Congress over civil contracts;
hat i was in,enaed onI, as a barrier aSains;
possible usurpsiions ~ Criminal law. on The
par: OF the legislature. he trainers ri The
Constitution had learned from history, THAI Ger
tain 'yran;s, IN times pas, issued DEGREES, max
ing aots, olherwisr indiifrren', criminal, for the
purpose Of amerc!ng or eZrcu ing persons "hn
had performed those ac,s, before The pronIn!
gation Of he DEGREES which made them penal.
hat tGe article, Their, fore, denies not to the
National Legislature Ihr power OF regulating
AVID controlling lis own Court, clerks and
marshals. That such is the Interpretation
heretofore given TO u, aud scled upon, by Com
gress iIsef-That il has been sanctioned by
HE Courts; aud that the common sense Of all
mankind cannot fail TO give it the saT1e inter-
2relatiau 20 he end uf ,i!nc. And So cf the
three objections also.
Bat befole we proceed farther with The argu
msnt, lei the article under consideration spsak
for ITSELF
ARTICLE lst-SkcTIuS *.
IL The privilege ofiIa5e,s Corpus shall no,
be sysI ended, unless when In cases OF reo' lion
or invasion. the public ssfr!y may require ii.
III. No bill Of atIsiUdeI, or eT posi- jaeto law,
shall be passed.
~, N"capiIs,ion, or other direct lax, shall
BE iasd, un.ess ~ proportion TO The census or
uusera oa.ire re. Ia before directed TO be taken.
PRISClLLIAN.
10 be continued