The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-09-15


degree of accuracy, if not with precifon fulfil
cent completely to fatisfy jiuflice. Are we COM
PEELED by our agreement with Georgia to throw
down what her humanity has put into our bands
for the relief of the innocent fnfferefs (and flre-
ly we will not infult her by prefurning ihe meant
TO include the guilty. that it may BE- fcrambled
for by all the claimants, and ieized in the pro-
portions which antecedent cuitning and fwinci-
ling dextertysn,ay have predefiued We can
not fay we are. Yet what elfe illall we be do
ing, if we pats this bill and thereby confne our
commifioners to the literal proofs of tbofe faife
though ipecious claims If we neglect to give
them the power if we fail to inttrua them,
ought 70 tay carefully to fit out of the claims
all evidence of the original fraud or of probable
acquaintance with it, which they may contain,
and reject or admit them by that tef Ought
not to expect that all the diiinterefted in the
nation viii be truck with aitoniifment, if while
! fome of us are proclaming the od;ous origin OF
thefe claims, majority without difproving our
afiertons ihoud pronounce them all to have
iome legal foundation and proceed to give indii-
crininate relief tothe holders of them? For N.Y.
felf, Imuft hear much more than have yet heard
in fupport of that opinion to remove my amaze
ment at it. Surely there cannot be 70 wide diff.
ference between law and iuftice, that the former
Can embrace what the latter Inuft loath. have
heretofore thought notwithstanding the fmple,
uniform, universally manfeft character of the
one, and the complicated, various, occult ma
| ture Of the other, that their offence was the
fame. / have always believed and Ill now
! thought amen concurred with me in the belief,
that whatever was manifefly fraudulent mutt
be illegal that no lapfe of time, no change OF
circumstances, no complication of numbers or
oflnhuence, could legalizeit. l have farther be-
! leved that no act of any legislature manifeftiy
! immoral, and uniuit could be deemed genuine,
and be afterwards calmly received as binding
on the rate. Thefe points OF belief llall ever
retain, and were my tenderness efs for the gen.
tlenan who differ with me on this quefion,
hould not hetitate, truiti1g yet to their concur
renee. to conclude now by calling on them to
difprove the hiitory wehave given of thofe claims
or to withdraw their favour from the claimants
to content to the confederation of thofc refo-
buttons, and ultimately to the rejection of the
/ bill before US.
But my Difference for. the feutinents of thofe
gentlemen leads me for 4 moment to abandon
thefe all important axionls of focal and poIiti-
cal morality which / have iuft ftated and they
feem to difallow by advocating the clsims; for
a moment to admit that Legislature may in fcne
way derive frc::: a contribution the power 20 do
acts manifefly immoral, unjuft andtreacherous !;
that corruption may be purified, fraud may be
fanetioned, robbery may be made to give valid
title, bylegilative authority.-Theywill, ] make
no doubt, with equal complaiiance, permit me
I to demand foine adniiiioils O. the fssfiS nature
from them. a government can then by con-
I ftruction Inference derive from contribution
the power of plundering the fate, aud may le-
! Ultimate the act 20 that individuals, into Whole
hands the plumber may fall, fball be able after
wards to defend their pofeflion Of il in courts
! of jufice. Becaufe no literal prohibitory de-
claration exits in the conftt ation of the United
tbly, t1,. e.,
on of Georgia, to guard againh what honefty
| could never have foreieea, their government too
may iegitimately transfer, for trivial conlide-
ration, to its own members or to Favored indivi-
dualS for their private emolument, the bcft pro-
/ perty of the nation, to any amount ConSrefs
can now confitutionally pats a law to divide
, the contents of the treafury among the friends
of the individual members, for imaginary or tri-
vial trlvices, after ftipulating participation; be-
| capie it has the power to give compensation TO
thoie who may render rea, fervice to the nation.
! Nay, becaufe the fenators and Representatives
| may by their own vote, take compensation
forthelrEiervices from the treafury, they might,
\ afo, applying a loofe contribution, to the term
compensation, divide the contents of the treafI-
ry amongf themielves, to indemnify them for
the long privatioD of dQmefic happinefs they
are here compelled to undergo; and they would
! be,liable to, nothing more, therefore, than the
4 negle6 and contempt OF their cohftituents.
! Theie petitions admitted, could not refufe
to grant, that the legilatdre of Georgia OF 1875,
could have legitimately fold 90 companies COM
pofed of their own members and others, for a
/ price leis than the annual quit rent the fame
/ lands would have paid formerly 10 the crown of
4 Great Britain, forty millions Of acres of the fin
eft lands in the world belonging to that fate.
But in granting it lhould deem ii my duty i'm
medately TO move this houfe TO take into con-
liberation, with all fpeed, the necefity of in
creating tine hit prohiotOry cauies in the fu-
| deral contribution. would recommend, along
| with numberIefs Others which would be a. ne
ceiary, tbe following The fenators and re-
prsientatives ihall rot plumber the treafi,ry I'M
der the pretext Of reqlIting thea1f2lges for their
fertices the members Of the government fhall
not engrofs 20 themf.ives che national pofcff-
ons. Certainly, if is maintained that a fIbfe4
Iquent legGature- could have no power Of pu-
niihment or of refumption, where the plain let
ter had not been difregarded, fuch prohibitions
as thefe ought, without delay, TO be adopted in
to the federal contitution. Ifotherwife, then is
the Yszoo tenure ridiculous indeed, for by that
doctrine alone could it be fupported.
My refpect for our OPPONENTS in this queRion
fill prevents -.ry concluding here. will endea-
YOUR tofhew them that that tenure was contra
dictory, not only TO the general laws Of equity,
but alto to the then exiaing contribution Of
Georgia, and accordingly, absolutely nun. I