The Arkansas banner., 1845-11-26

the sentence 10 be executed It is rightly af- iirned, therefore, that the Act uniies Legis- atiee and Judicial powers to those of the Executive
 III. It is affirmed that this union of power sebyerts the general principles of free gov- ernment
 I | hes become su axiom in the science of government, that a-eepara.ion of the Leoisla- 'iVe' EXeeltlye and Judicial departments, is necessary to the preservation of public liber- " nowhere las this axiom been better un defsiood Iii theory, or more carefully pursu- cd m practice, than in the U. States. " l! is..x,irmed that such union of powers svbve.is the particular organization and positive provisions of the Federal Consti- tuition
 According to the particular organizs,ion of the Constitution, is Legislative powers in the President and it's Judicial powers in a su- prene and inferior tribunals The union of any two ot these powers, and still more of aii three, n any 0u e :hesa departments, as has been shean sa be done by he Alien Act, must cosse4 4aea.ly aahgerl he constitutions al organizaiioa of .sam
 Ihat positive rfeg.sions in .he Cons,trs tioaryseeating 10 individuals the benefits of Gas tksss, are also gie.a!Sl by the union of pos issia thu Milan Act, necessarily results from tA1 two fae.s shat tac Acs relates to Ali en ftie,,3s, and that Alien friends, being un- des the nlaacipal law only, are entitled to it's protcctioa
 The sscoaa object against which the rcs- olution pro.ea:s, is .he Sediion act.
 CT this act is affirmed, | Thatit exercises a power not delegated ly the Cons.itu- lion. 2. That tic power, on the contrary, Is expressly and positively forbidden by one ei the amendments 10 .he Consultation. }. That this Is power, which more than any other ought to produce universal alarm; be- cause II is legelied against that right Of freely examining putlic characters and measures, and of free communication thereon, which has ever been justly deemed the only effect ual guard an of every other right.
 1. That Il exercises power not delegated by the Constitution.
 Here, again, it will be proper to reeolect, that the Federal GoVerament being composed oi powers specifically granted with reser- vaton Of all others 70 lhe States or to the people, the positive authority under which the Seditcn aet could be passed must be pro
 
 ity. In what part of tlir Constitution, then, IS this authority to De found
 Several attempts have been made to answer lhls question, which will beeyamineti in their will be examined in their order. The com mittee will begin with one, which las filled them with equal astonishment and appreben- sion; and which, they eonnot but persuade themselves, aa2i have the sane effect on all, who will consider Il with eoolnegs and im- partially, aud Witha1eyefence fef our Con- stitution, in the true chaggeter in which il is- sued from tue sovereign authority Q. the peo- pie. The committee refer to the doctrine lately advanced as sanction to the Sedtion aet; "tlat Inc comiaon or unwriten law, "a law ot vast extent eomplexiy, and embracing almost every possible subject ol legislation, both civil and etimieal, makes a part of the law of these Siates, ii their united and na- tional capacity
 The novelty, and, in the judgment Of the committee, the exlravagance of llis preien- sion, would have consigned il to silence, in which they have passed by other arguments, l which an extraordinary zeal fer the act has drawn into tic discussion; hut the auspices under which llais innovation presents itself, have constrained the eoaimit;ae 10 bestow on i il an attention, which other considerations might have forbidden.
 In executing tho task, it may be of use to l look back to the colonial state of this coun- try, pfoir to the Revolution totrace the eff l feet of lhe Revolution which converted the colonies into independent States; to inquire 1 into the import of !he articles of confedera- tion, the ffsl inslfameu. by which the union of the States was regularly established; and, 1 finally, 10 consult the Committee of l797, which is the oracle that must decide the im- porlant question.
 h the stale prior to the Revolution, it is cegaia that Che common law, under different limitations, made part of the colonial codes. But whether il be understood that the origi- nal oo!onis.s brought the law with them, or made i! .heir law by adoption, it is equally certain, titat t Was the separate law of each colony within is respective limits, aad was unknown to them, as law prevailing and operating through the whole as one society.
 Il could not possibly be otherwise. The common law was not the same in any two of the colonies in some the notifications were materially and extensively tliaerent.- There was no cogmon Legislature, by which i q common will could be expressed III the forth of law; nor any common magistracy by which such law could be carried into practice. Tine will Of each colony, alone and separately, lad is organs for these pur- 1 poses
 This stage of our political history furnish- es no footlold for the patrons of this new I doctrine.
 Did, then, the principle or operation of the great event which made lie colonies inde- 1. pendent States, imply or introduce the com mon law, as a law of the Union
 The fundamental principle of the Revolu- ton was, that the colonies were coordinate members with each other, and with Grea l, Britain, of all empire, united by common executive sovereign, but not united by any common legislative sovereign. The legisla- tive power was maintained to be as complete in each American parliament, as in the British parliament. And the royal prerogative was m force in each colony, by virtue of it's ac- knowledging the King forits executive magis- } trate, as it was in Great Bgitain, by virtue ol a like acknowledgment, there. denial o