Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1839-12-07

NtlfEA. Dbl tfriiua I'd SAN iHE.H|f a.
son way t was DOT expressed Ia The enumeration.
In ava Of these objections, The aicaics anj rom
fusioa asgp1rabc rom constructive mtr1dugton
Of the eommla iaw wouI adorl powerful uasons
against II.
Eit 70 be tie common aw with or wi,bout the
British Statutes
II without the statutory amenlnt nis, lie wees o.
The cole wnud be nsnppoFtabe.
III with these amen lmruis, wha, period Is % b.
fixed Cor limiting The British auihan'y over our
laws
ki he the date OF In eldest the youngest Of
the colonies
Or arc the oates 10 be thrown together aud me-
dunn dcduced
o. is ouriudrpcnarnce to BE- taken Gr the date
l., again, regard TO be had Ia the various Chan.
ecs in the common aw male By the pcll codes Of
America
Isregard n be had 10 such chanecs subsequent
as wei as prior to The establishment, Of the Constr
tuion'
Is regard to be had to future as wei ss past
changes
l. the law to be different IN every State, a. differ
entity modified by iiscode or are the notifications
Of any particular State To applied 10 al
Add on the latter ruppDsItinn, which among he
State codes would larm the standard,
Questions OF this sort ought be multiplied with as
mneh case as there would be difficulty IN answering
them.
The consequences flowing from the proposed
construction furnish other objections equally con-
elusive unless the text were prfempiury ~ its mea-
ning and consistent with olhcl parts Of the insliu
ment
The consequences may be IN relation 10 The
Legislative authority Of the United States To the
Executive authority; 70 the Judicial authority !;
anil 70 the Governments OF the several States.
II Il be understood thai The common law s estab.
hshed BY the Constitution; il follows that no part q
the law can be altered by the Legislature; such Of
The statutes, alrendy passed, as may be repp0ulnt
thereto, would be nuliicd; particularly The "Sedi-
lion Act aelG which boasts OF being melora
ton Of the common law and the whule code, with
all It's lncongruIhes, hatharisms and bloody max
ins would be nviolably sadlled on the good people
Of the United States.
Should this conSee, ucnce be rejected, and The
common law be held, Ike other laws, liable 10 reyis
ION and aterltiofhy The authority Of Congress il
Then follows that the authority OF Congress IL co.
extensive with the o. lecs ui common law that is
say with every object Of legislation For To
every such object does some branch or other of The
common law extend. The authority of Congress,
would, therefore, DO no longer under the limitations
married out 10 the Constitution. They would be
authorized 10 cgislate in all cases whatsoever
Ia the next place, as The President possesses the
executive powele Of the Constitution and is To see
thSi The laws be faithfully executed hs authority
also must be co'eScnsye with every branch of the
common law. The additions which this would
make 70 his power, though not ready 10 be estima-
ted. claim the mist serious attention.
lhs IS not all (; Il will merit the most profound
consideration, how far an indefinite admission OF
the eomtun law, with latitude IN constituting il
equal % tho construction by which il IL deduced
from INC Constitution, might draw after il tie var.
ohs prerog1ttvcs making part Of the unwrlen law
ol Englanl. The EHglish Constitution sci' il no.
thing more t'ian . composition of unwrillen laws
and maxim,
In the Ihrl place, whether the common law be
admitted as OF legal or OF constitutional obligation,
y would confer on the Judicial department uscre
non little short OF legislative power.
On The surposlln Of lis having constitutional
obligation, tins power IN the Judges would be per-
manent aud irremedahle by the Legislature. GA
ine otfer snppsttnn, the pnwer wolld not expur
unit tue Legislature should have imFolaceda hll
system Of statutory provisions Let II be ohaeryed,
too that, besides oil the uncertainties above emu
merated and which present an immense field for ju.
dcial discretion, Il would remain with the same de-
partmcnt 10 decide what parts OF the common law
would, and what would not, be properly applicable
10 the circumstances Of the United States.
A discretion Of thus sort has always been lsmenl-
ed as Homogeneous and dangerous, even in the Colo
NAL and State courts although SO much narrowed
BY positive provisions in The local codes on all the
principal subjects embraced BY the common law
Under the United States, where SO few laws exist
on those subjects, and where SO great lapse of
time must happen before the vast chasm could he
supplied i is manifest that The power OF the Judges
over the law would IN fact, erect them into egsla
tors and that ior long time il would be imposs-
bic for the citizens to conjecture either what was or
would be law.
IN the last place, the consequence Of admitting
the common law AK the law Of the United States
on the authority nl the individual States is as oh
vious as would he fatal. As this law relates to
every subject Of legislation, and would be paramount
10 the Constitutions and laws of the States the adj.
mission of il would oycrwhelm the residuary SOW.
creignty Of the States, and ~ one constructive op.
Grafton, new-mnle the whole political fabric OF the
country.
CAsn SrsrEa -" Rot your cash system !" cred
man about town Yesterday nj il comes about
what are We % dol" Sure enough. II It became
the fashion for board to be paid regularly once
week what would become OF those who never pay
my thing They would he obliged 10 chang,
from house 10 hause once week. instead of once ID
two or three months as a, present
Where money can be carried IN hand to make 4
purchase, II Is well established aud understood
fact, that goods can be bought al least thirty three
per cent. cheaper than ihty can be bought on 4
credit. With the money in hand, and no iayors
asked, ynu are not bound TO grant any, and can
command your own Terms. When man does moi
intend 10 pay II matters little what he promises
AMI those who sell on credit charge enough on all
their sales 10 amount 10 an insurance premium a.
gains, osses Those who pay when the time Of
payment comes round, cover moi only their own
debts. but those OF non-paying customers.
The only security then, in purchasing, is TO buy
fo' cash, and insist upon such prices as viii cover the
actual value Of the goods, ouy aud clam that lu
value OF ready money paid shall he rendered TO you.
There Il another and very important advantage
gained by cash purchases and that is ,he cheek
upon your own extravaganza II you have the nc.
iua representative properly in your pocket YOU