Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-10-03


this, as on a variety Of other objects, viz.
on the receipts OF the several taxes, then
applications TO the various object, des,gna-
led by law; on the state OF the militia;
on our foreign relations; on our naval
strength on the establishment of the
I0inl; on notifications, and many other
objects. As we'll might it be inferred
that from the mere exhibition of the situ-
alton OF the various establishments Of the
government, the President intimated the
pcoprely of their destruction or radical
Inudh caIion, as that, by this Information,
relative TO the judiciary, ndedtoipcul-
cate the expedIency of repeating the act Of
1900. AS his conduct is s.mi az in all these
cases, itis but ju ,tto ascribe 10 him COM
moa motive applicable To them all. The
constitution expressly commanding him TO
tcne to Congress information OF the
state Of the uhion"--and g TO recommend
10 their consider alton such measures as
he shall Judge necessary and expedie )"
assigns Two distinct and separable duties.
in relation TO the Judiciary, he discharged
the one uninterwoven with the other.
In other cases, where he Judged Ger
tam measures necessary and expedicnt,
he did not scruple tn declare his opinion,
as in the case Of The internal taxes. and
the rctrenchment of numerous sources Of
expense; thus evincing to every correct
mind. capable of deducing sound infer
erce, th.t as on points where he expires
sed an opinion, he wished thai opinion to
operate as recommendation so on
points where no opinion was expressed. he
deliberately withheld all recommendation.
This measure must then be consider
ed rs purely irgislutioe III its origin, as
wei as nature; AMI of consequences, Con-
gress, and not The President, are respon-
sibe for it.
is not the Object Of these remarks
60 supercede the uecessity,of its investi-
CATION. Viewed as great question of
policy, destined, according 10 its solution
10 have a leading agency in It's effects on
the public welfare, 1t becomes the duty of
every Intelligent citizen 10 understand it.
This shall be our apology, for dwelling on
j. few minutes longer.
Ia reviewing the volu luminous discussi-
ons to which the repeating law gave rise.
we perceive mixed mass Of eloquence,
ofparty anmadversion, and of argument.
Being the first important debate, after
The change Of the administration, it was
seized as the occasion of contrasting, III
all their features of dissinilitude, the two
hostile pattiIs. The minority, enaccus-
toned to submission, resolved to make a
desperate effort TO regain their powers I;
and flncied they saw in this measure the
means. This accounts for this hetero-
geneous mixture; for which however, a.
Mother reason may be assigned. No class
OF men are less competent To the discus
sion of great questions Of policy than law
yers. In the habit of testing all contested
points by precedent, they rarely bend the
powers of their mind to he Development
of frincifie. Looking out of their own
minds for every thing, it is not strange
:hat they gradually sink into the vehicles
OF the ideas of others. Their faith insen-
sbiy, like that of the church, in proporti-
on sit distrusts its own powers, cIings 10
that of the saints. 1t may be added that
the routine of their duties, by exhausting
their capacity on little things, necessarily
disqnalilies them from taxing these inlar-
ged views which national Legislation de-
nands. OF this description of men the
minority was principally composed. We
are not, therefore, surprised at minds thus
feeble, instead Of counting the distinction
OF strong, plain, and concise view Of the
subject, endcayoFing to develope it BY a
mass Of inapplicable precedents, OF crude
opinions, and fanciful analoges.
Notwithstanding the volumes written
upon this subject, it is apprehended that
its merits lie IN a narrow compass. Two
views have been taken of il, and it is eapa-
pie Of no other. Is it sons,itufionaf? and
is il erttedienf2 Its justification required
that it should be both.
Is it co7sfitufionaif
1t is allowed or ell hands, that Con-
gress possessed the power of modifying,
at pleasure, the existing judiciary laws,
so far as they regarded the duties of the
Judges. The first words OF the Constitu-
ton declare that all Legislative powers
herein granted shall be vested in a Con-
gress of The United States, which shall
consist Of a Senate and House of Repre-
sen ,atiyes."-The power is unlimited.
A subsequent section says Congress
Sh0R hare hozOer to constitute tribunals in