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

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Constitution, IT'S Legislative powers are Ns<sed u
the Congress, Us Executive powers IN the Presl
teu,, aud IT. JUDICIARY powers m supreme and
inferior tribunals. The union OF any I'VE Of
these poNcls, and sull more Of all three, IN any
enc OF these departments, a. has been shown To
be done py the Alien Ace, must consequently
subyeu the constitutional organization Of them.
Iha, positive provisions IN The CONSTITUTION.
securing to individual. tue benefits at iar ual.
ats also violated by the uuion II powers "a Tie
Alien Act, necessarily results ltom The tvo facts,
ha. the Act relates 90 Ahtn iuend.. and thai Nh
cus friends beng uedcr the municipal Law only,
are cutAed to H. protection.
The second object asains, which Tie resolution
protests, !, lbc SeJu,on Act.
or tb,, Act Il j. affirmed, /. That It exercises
III Like manner power mol delegated BY the Con
situuon, ., That the power. an the contrary,
is cNptes>l, aud positively forbidden by one Of the
amendments ,o hc CONSTITUTION. B. lAat this
is power which more than any ether ought 10
ploduce uni,clsal alarm; because It IS lcselled
agalnst that tsh, OF freely examining public
CHARACTERS aud measures, aud at fee communi.
calluG thereon, which has o,eI been justly deem
ed ne only ,ilcc,ual guardian Of every o'her
hight
!. That exercises rowe, not delegated by
the Constitution.
Here again, WILDE rtofcl TO reeollecl that
the Federal Government beng composed OF pow.
ers specifically granted, with reservation Of all
others to the States OF to the People, the rosllfe
authority under which the Srdtion Act could bS
passed, must b, produced by those Who ASSERTED
It's con,nuuoualiy h what pat Of the Constl.
lulIon, tben, is this authority to be found
Several attempts have been made TO answer
tins question, which viii he examined N ihelr or
der. The Committee sill begin with one which
has filled Them with equal usionIshmcnt and np-
prehensou; aud which, ,hcy cannot bot persuade
themselves, must have tie same effect on all who
viii consider Il with GOODNESS and importantly,
and with reverence cot our Constitution ~ ne
uuo character ia which issued from The soNcf-
,lgn authority Of the People. lhe committee
refer TO the doctrine lately advanced, us sutc-
ton to the Sod,tion Act f" thai the common o.
unwrlttcn law Il law Of vast extent and com
plexity, and embracing almost every possible
subject OF legislation, both cNll and criminal
makes pant of the law Of these States, IA utr
united and national capacity.
The novelty, and, ~ thc Judgment u tue Com
muec, the extravaganza, OF his pIetnsion
would have consigned It 20 lac silence ~ Nhlcl
obey have passed " other arguments "bic'
an extraordinary lcpl for the Net has jnwn 'hl,
the d@cnslau, but Tie auspices under wheel
/ this innovation presents ITSELF have conNtnlrt'
4 Il q COMMITTEE TO bcstow on Il an attention "hic
other considerations Right have forbidden
In execuGns the task tt may be Of use 10 l'o
hack to the colonial state Of Ibis country ptot !
the Revolution; to trace the effect ui TIE htN'
lntion which converted the COLONIES into ndrPrI
den, States 10 inquire INTO the import OF the 81
lclcs of confederation, the first instrument !
which the union Of the States was regularly e
iabIlshtd and, finally, 10 consult the Constitute
oC 1887, which IS the oracle that must decide VI
important question.
Ia the state prior to the Revolution, II IS ce
tain that the common law, under The dilicten' mn
talions made part Of the colonial codes ~
whether !, be understood hat the original coloI
Isl. brought the law with them, OF made It NE
law by adoption, It s equally certain nat II VI
> the sceaale law Of each colony WITHIN IT'S feSp'
4 uy. Gmi., aud was unknown 10 hem as la
b prryadlng and operating through tine Whole o. o.
I society. -.
: Ii could moi possibly be otherwise. The COZ
q mon nw was not the same IN any l"o 81 ih' COZ
e MES IN some the notifications were material
Z and extensively different There was no cor
# mon Legislature, by winch common wlil cou
II to .y,ressed IN do lurm of law nor any c"l
mon uagi,uocyh by which such a "a" ."o'g
e carried nlo ptactce. The sill oi each cpi''
g alone and separately had It's organs Tor these "
II poses.
If This stage Of our political history furnishes
d CoolhoId for the patrons OF this ne" docliihe.
DID, then, the principle or opera''on OF
10 rr.al event, which made he colonies mdop'hd'
y States, imply or introduce the common Ia" ~
b law Of tho bn'on'
n The Fundamental principle Of tho Reyou'I
ie was. hat the colonies were coordinate mcmh
y with .ach other, and with Great Britain; Of
E. empire united by common Executive s''t''''
D. but moi united by any common Legislative son,
cipn. The Legislative power was mun'a'"ed
8 be as complete IN each American raFliamcb''
le IN the British Parliament aud the Royal ?
d fopa,i,e was ID force IL each colony by 'nluc
Ic ~ acknowledging the King lof It's Executive
u g,.trate. as # was 10 Great Bualn NY Ntlue o
Il. Ike acknowledgment there. denial OF III
principles by Great Britain, ani the assertion
z, hem b, America, produced tho Revolution
- There was time, indeed, when an exception
e. the legislative separation Of The several eomP'I
i aud co.eqaal parts Of lhe empire, obtained oet
or Of acguicscence The British Parliament Wa
to lowed 10 regulate the trade with foreign nations.
between tie different parts OF the empire.
!. was, however, mere practice without nghl'
- contrary 10 te tue theory Of he Constitution
ho convenience o! some regulations, ~ both cases,
y apparent and there was $50 legislature WIN pa
lef over the whole, nor any constitutional pfe-tmia'
among TIC legislatures Of giJc several parts, II
80. natural Tor the legislature Of that particular
: which was the eldest and tie largest TO assume
function, and iur the others 10 acque-ce 70 ~
~ TACT arrangement was tie less criticised, as
ace regulations established by Tie British faHal
re, operated 10 favour Of that Of tie empire "
w. seemed 10 bear he principal share Of tie p
h,,rd,pv and were REGARDED as an lndcmnlhc'