Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1802-09-22

le pcop 10 infamous prn;saa,eut. 70 inc and i'm
rSonnent, and had they a'6Xej the penalty of
"a n 70 thcir uaeor,5 l. .y.ori ia.,s. iulses would
t have been wanting y conAua then to tue
.s5es.
A case In the supreme court has been uacation- /,
ID. L Get. ainly do mo- mean pa, my opin1on !
IN competition with stat OF the gentlemaH from |
Delaware, on professional suoie6t bus c-la- !
not 1ree with lam, that the granting q the rule
was not an assumption OF the luesdi bon. Sup
pose Il motion made in Cout OF Nrgiui1, for
tale 10 be served on rne governor oil AiaSSachu-
setts, TO shcw cause Why 'nanda:rus should not
issue, com handing him to do speciac az. To my
unlet5ered Judgment the acceptance Of the rlotion
would be 70 presume that, il the governor could
not shew cause, the maudan1us mi8ht issue.
Would not any court reied alch mcron. Gil the
confederation tlas the chief gistraSc OF ;Ihother
state was not amsnable 10 thsig jurisdiction The
gentleman from Delaware doubtless reconeGts, And
probably better than do, FOR ( believe he was 4
spectator Of the trial; the refusal Of subpoena
TO r'stn under criminal pvosecn5ion q .lude to
the case Of Cooper IN Pha slphia) TO be served
on the President IS witness on the part of the
prisoner. Was that subjett of inferior u,agui-
tUde to a mere question OF uiua cpal regulation !!
Tie court, which it seems has LACEY become the
guardian Of the feeble aud oppressed against the
strong arm oe power, found itsGi then destitute
OF All authority to sSne the wrir. Was II because
os the influence AMI interest OF that persecuted
man, o. Of lGs connexions, rhatit was urnecsssa-
~ a. that time 20 exert this protesting power I
No, sir you may invade the press; the courts will
support you, viii outstriP you IN zeal 20 further
this great obica your citizens may be inprsc.l-
ed, and amcrccd the courts will take care 20 see
It executed: The helpless foreigner may, contra
ny to the express letter Of yoar constitution, be de-
prived os compulsory process for obtaining wit
ness, in his defence the courts in their extreme
humility cannot find authority Sor granting it; bus
touch one cent Of their salaries, abolish sine
cure oifice which the Judges hold, and they are
Immediately arTayed against he laws, the cham
pions OF TIC consyitui Il. Lay your hands the
iberiy of tl'e peoples they are torpid usterly in.
Ger isle Au5 atel their peculiar interest and Gley
are IL nerve. They are said 10 be harmless un-
aspiring men. Their hurn5-e p1eSensions exrend
Oily 70 . compieteexempt rom e xslatve con-
troll TO the exercise OF an inqusi1orial au;hori-
w over che eabiner Of the exeeu uve and the veto
of the Roman tribute upon all your laws toge-
shsr win the esta6hshing any body of foreign
laws which they may che jse 10 declare parr OF
the constitution. Grant this authority, sir, TO
your JUDGES, and you viii nave 4 constitution,
which gentlemen who are such enemies 10 dumb
legislation may indeed approve, because 1t is the
verv reverse of that-wiiich has been the obiet OF
Their az yll,iversions. To you wiz indeed belong
TIE right of iiscussisg, there ends your power
TIE Judges are decide, and without appeal. Il,
their inQuisilorsl capacity, the supreme court,
Gevc6 :,ron sie tedious labor Of investigating jI-
dicid points by che law of she last session, may
dire9 the executive by nlandamus IN what mode
1T is tneir pleasure, thar ne sao'dd execute lis
f5nstons The viii also have more leisure to az
tend to tae ilturc, and +crestan by mhanuia-
cory pamphlets their decision on al important
questions; whilst fvr the sTSlusenent sf the pub
lie we shall retain the nghr OF aesatng, but poi of
voting:
!. new mode Of appeal, chat of the sword, has
been lately insroduced /. is worthy of remark,
THAI ri.e scpa OF rhis>ceFeai commenced with the
downfa az rhe power o. t!ie last a5iin'nsrratlon.
The pciisical opponents OF that gentleman have
ee+ hin, N example of which l hope he aud his
friends will pfohr. They knew that the cOnsi-
ru,iou had been violated. II was no business OF
speculation, but a plain rI.atter o. ia&h What
was tller conduct They preferred sabruisaion
T. civil discsntion. TIE addEesssd themselves
20 tie GOOD sen.e Of the community, and their
iuLgrnent hAs been affirmed by the people through
the Tnedigra of the eiettions
Bur. sir, ARCHER obeaicn IS held up, as fatal
10 the Ill or your table that it diminishes die
s.iariss Of The distritt judges of Kentucky and
Tennessee b. repeating Ire law which eucFeased
the.a Let US examine this tast BY this very
law, the cousts. of those disrss were expressly
abolished, The oGies Of Judge Of those courts was
d-stroycd. The men it IS T4uc were retained, and
\ iud -iaI Office given ,hem--hm an o.toe entiy,iy
diasrent from Che former vi.h 5ls.in0 funStic Is
and iurisdiaion and with different salary. We
20 tore those Judges 70 teir cid Offices iDy
ayc.isnirg the nsw ones, 20 which they never
U.rs cons;irutionally appointed lf'her appoint
Jnent was however Constitutional, ileaYc il 10 the
eou,niscs TO dccide whe Yer the distI1d Judge oil
Ksntaciyy Hligas so, CD the theory OF our adyer
sariea demand Oh gaafles---sllcc y0u hea 10
riyfsr TO take away his old Office and salary.
have not the pleasure Of pcIscnL acquarianc,
wien rhe gentleman who fills that ofhce; but nj
reputation is too h "a % lead me 10 supppos
such rlaird possible. ! mean no disrespe6t &
him, Jar from it, in putting this case. Instead
rs has been asserted, Of rendering tie Office o
iulge sinecure as pregext for abolishing it, w
ur1Jose e. restore the cstablishmeut 70 rs prrni
dive purity 10 give the JUDGES borh Of the di.
rritl and supreme courts Gl,ies 20 psfioim-th
latter being Il seems now desitute of any CHIC
employment than keeping tl's oopsciences Of tb
inferior courts---We mean 70 restore the dstri'
judges 20 their Office OF circuit judge, for excrci'
ing whose duzics they have been amply paid b
the puGlIc 20 restore the judges Of the supreu
couTt 20 the SAME Office Of which they have bee
derriged-nos believing sinecurc COAT cfappct
10 he desirable Whence then the Glamour ths
me judicial authority Is 70 be perverted 20 tie VII
o., lose Of yrealSing party vengeance Slppos
. C.sG TO occur--are ngt the persons who are
decsle Of ge same pol fioal character with the nj
noriys Would thit gentleman have any cause
fear he dscision OF = controversy with a pefso
Of "a different political sonplc1ion because {
.b,t d,aerooc.s T. aof flie Aci1ry left ~.