The recorder. [volume] (Richmond, Va.) 1802-1803, 1803-05-28

fitus'onaiity of tie mesfure; 10 ;niift !. wac
unconstitutional, iccmsd to involve this alb
iurd'ty, that an ACT pancd by one legislature.
or ~ one ieinon, could not be repealed by =
iuoicqucnt one, and that after the oFTcs vas
aooiithed by this repeal that the st5fccr, exit
eca' aarn!t this ;oiecifm, this abiuroiitv. ao
you t'ot then, by denying this power in the
legi!iature Impair its Independence, and re-
amt IRON acting in It's proper Office where
rs'tTa'nt never was before impoled? !tfolln,.s
tAen, hat II cahnot lexccpt by it's own All
cfet'on ] and ought nor, in the pe5f,r1Ianc.
or It's legii' alive functions tore rc;lr,.,o5 -.
the contrary fay the friends " ,hs ,,,d;r,,~,
you cannot coniti,utionalv re6es; rh;s -
becauic the inevitable CONVENIENCE ~ ~
W9uio Sc 70 deitroy the independently of the
nc JUDGES both OF the iuprerle and in
terror courts iha hold their Offices during
goo1 oehaVIour, while they o. (crve this
! Co?ouos, tnGy nave rlgpt TO hold Ihesr Offices.
Htm'fhon muft be uncona eutional This
vas proved may proves itfc'fJ mathematician,
ai'not ny Mr. Ch,Hnian in the ienasc. Yon
ise the d'iemma; ifvou admit land who ca
heny} that one legislature is competent 70
repeat onJ faso Eade by former, it foIl,wt.
that the repeal of this IS not u.!confE ltutionai
aud yet, when it is repealed, it ditmlfles Judges
from their. Courts, whole good behaviour
never had Been qu,itioned, whether conftit,,.
tionai OF not (she expediencv of the o,e,f,,re
we have no con1ern With was the auction
IN debate; the majority determined it to !e con
ititdtional This is the opinion OF ,he Com
mune Conciliuu Reipubiicz, and the peoajs
It would ieeml agree with them, for not one
OF the representatives or feuaeors have be,r
difcontii.ued for advocating this meaf,rc.
Permit me, FIR; to draw your particular atten-
ton 70 what am about TO obierve. VIII the
Judiciary, If chs law be quefloned basorc them
venture TO pats or il ceniure Of uuconi}i:u-
tonailty I ak veu, if thsrc be one al them.
W'o en-e.sains ihade of doubs on g 7cor
it'tuality? They do not. Can they anpul
IT. or fu'pend it' No Can they refforc the
JHdges No. Cau they right them No.
Ian they aiIlit t!lcrn in the recovery Of their
'aiarIes! No. There are no authorizations;
no officer 80 lue; have nor the prefent iudecs
ooy fitting in the courts of the excludes
iancuoned The law Efthev Venture 60 decjgre
i'4ncorit 10 ,ional, and thereby check It's efsc;
t"a'ch n me prcfcnt c2le might not be the
coiheqeerce OF iloh de1Iaration} would thew
NOT % inpeached, and as fureiy as iri,peached
Gathered? But, if BY tbs eonRitufion, ,hev
mad this power, would It be feeble and in.
operative in ioine Gales and Ike the dart &
the aged 'rianl I.eiun irnbelle fine icsd p
ard m others operative am cFcctual Nav, fir.
had iuch Powsr been attached 10 thair depag,.
ment, IT would have fpoken with efficiency
~ az GATES, and the contribution would have.
preicri5cd mode of exercifing it, in all cafes;
Il "ould have :efcued il, in any and yery cafe
from the intIgnihcancr Of being : svox ct
pFaterea n.hi-' infer, then, on the mon
legitimate principle of seafoning fr1m this
ob'nlon, they hay: no E4ch bo5Uer. The ouef-
tion rs TO the late law is at ref, until he
quehion OF repeal may ariic. The ercat
touncI OF the nation have determined il and
ths people go along with them Iii their opinion.
II may DC thought fnguar for ne to defend
che decliion OF the majority, when ] found il
10 often againlt ms. admit fays the oreat
itateiman, Mr.. Fox, that the majority IS NOT
infa!lible, that they may iometimeS oppreEtbe
minority and that the minority would be iuf-
tuned IN Feiiiting fach opprcAion, even bv
force; btt though not without execution. thse
majority IL every Community mutt decid. for
the whole, becauf, in human affairs. ther. i
no umpire, bur human reafon The ore
iqnnp'.on is Ailo, tha, the majority will be tight.
W nat IS the criterion OF trueh, out the
general fenfe ofmankind2 Evenin na,hsma-
tics, we proceed from certain axiorns of the
II u;h OF which we have no Other proof on,
that all mankind agree in Believing then,
Ii then, whas al gree on, be adm sted to be
tfus, there is 2 tFro>g preflmpfjod, that what
many, or the majority agree 70, is true ike
20 this We nuf G.6rnit, and vino would
rave i1Ppoicd thu. in merely populdr 90
yernmenf, IS ours Is, any attenps would lave
svSr been made &c blink fuch criterion, ard
adFnn IN ACCUMULATION D! PTecedsule which
viii rearigoBery or later an suhers ohigzto-
- ] have 10 approximation of al sbule &