The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-06-11
[VoLuME Q.

Objects or puniihmtnt or praife, would thus
ihift about from day 90 day. Are we to depend
! upon the ifouie Of Representatives. foe
the innocence or criuiip3lity Of our con-
duct? Can they create offences at their will
/ and pleainre- -and declare that to be crime iii
! 1904 which Was All inoilCrriion or pardonabie
error, or perhaps an approved proceeding in
i 1900! pthis gigantic HQufe of Reprefcpta-
t'Ves, b! the ufual vote and the ufual forms OF
iegl!.ion, were To direct chat any ACT not here
tofore not forbidden by law, hou'dhereafter be-
come penal, this declaration of their will world
be mere nhllity--wou!d have no force and ei-
feet, unleis duly fandioned by The fenate and
the appreciation of the Prefi,,ent. Will they
teen be allowed III tile eXsrcife Of their power
or impeach'uent to create crimes and inili6t
the mott ferrous penalties on actions never be-
fore iIiPettrd to Dc criminal, when they could
not haze fvtelled the fame act into an offence in
| the form ola law If this be truly the cafe, if
ms power otifnpe7ch,peut may be thus exten-
ded without limit or controhI, then indeed is
| very valuable liberty proarated Mt The foot of
| this omnipotent Hou'e of Observation-Disclosures
may God preierve us--The PRECEDENT may ar-
prove and iign a law, may make an appoint-
ment which to him may feem prudent and be.
nehclal, and it may be the general, nay the uni
VERBAL ientiment that it is fo-and # is uneenia-
Die that no law is violated by the act. But
fome foi,r or FIVE years hence there comes a
! iloute OF Representatives whote common itnfe
| is contributed on a new model, aad who -;iter
are or effect to be greatly fiocked at The afro
| city or this act. The PRECEDENT is impeached--.
in vain he pleads the purity Of his intention, the
legality of his conduct in vain he AYERS flat
he has violated no law and been guilty OF nd
crime. he will be told, as judge Chafe now
Is, that the common fenfe OF the Honfe is the
ttandard Of guilt, and their opinioii of the error
CT the act, concluiye evidence OF corruptionS
W. have read, fir, in our younger DAYS, aat
| read with horror, Of the Roman Emperor WHO q
placed his ediGtS 60 high in the air that the keen
cit eye could not decypher their, and yet fe-
verely punithed any breach of them, But the
power claimed by the Houfe of Reprefcnta.
tive3 70 make any thing criminal at their plea
iure, at any period after IFS occurrence, is ten
thonland tines more danFerous, more tyran. Y
meal, more fnhyerhye of all liberty aud iafety.
Shall be called to heavy Judgement now for
an act which when done, was forbidden by no
law and received no reproach, becauie in 4
courie OF years there is found fet of mn
whole comnion fenfe condemns the deed TisSx
| gentlemen have referred Us to this itandard, s
| beng underline neceiity toachno ledge that he
Respondent has violated no law Of the corn1si j.
nifty, they would on This vague and dangerous
| ground accufe, try and condemn film. The
| code of the Roman tyrant was fixed on the
height ct column, where it might be un,ieT-
| Rood with fome extraordinary pains; but here 4
10 be fac, we nun be able 10 look into yea rs 10
come, and to foreiee what will &c the ctanciI:sa
| opinions of men or points ofdscorr for ycars
| to come. The rule of our couGuct by which
we are to beiudeed aud condemned, lies bur~
| ed in the bofom of futuri;y, and in 1
| minds and opinions of men unknown, perhaTy
, unborn.
The pnre and upright naturalization of 4
tice, FIR, is of the utmoft importance 70 "a
! peopte-thc other movements OF governIner
are not of fuch univer(al concern-!Vho TIA
be Prehdent or what treaties or general fatiltt
hail be made, occupies the attention Of few
| buiy polticians-but thcie things touch II 4, 81
but feldom, the private interetts and happineiss
ri the great mas OF the corhmunity-But ia;
fettlenent OF private controveries-:hs ADMIN
nlitration OF law between man and man To-: 1
dribution of jufice aid right to the citizen M
| his private bufineis and concern, CONES 20 eve.
J ry mans door, and is eHentia to every mans
PROPERTY and happnefs-Hence confder 81,
judiciary of our country mott important anon, y
| the branches of government, and its purity al.i
| independence of the moft intereAng roafe.
| quence to every man. WhilR it is bonourahiy
and fully protected from the influence Of favo n
| or fear from any quarter, the f:uation Of a ~
| pie can never be very uncomfortable or unia,
-But if judge is forever 70 be expoIcd TO tro-
fecutions and impcachmrnts for his Official ron.
duct on the mere frgEenions OF caprice, and Ia
| be condemned by the mere voice of prejudice.
| under the !pecious name of common fenfe, car
| he hold that firm and # adv hand his hlgR
| functions requre-No-if his nerves are Of if6,i
| they muh tremble in 10 perous ftu,tior; IN
| England the complete independence of the icdi-
ciary has been conhdered and has been found
the bet and iureft fafeguard of rue libcrtg, fs.
| curing government of known and unifornt
laws, acting alike tpou every man. 1t has
however been fuggeited by fome of our oeyvf-
paper politicians, perhaps from higher rurcs;
! that although this independent judiciary is ver,
necefiary in monsfchy to protect the peoidcs
from the opPrcfiion of court, yet that in our
republican nftitution the fame reafons for It do
not e2ft--thlt 1t is indeed incCnfnent with the
| nature OF oar government that any psrt or 1
branch of it ihonid be Independent of the peo-
! ole from whom the power is derived. Aud AZ
the Houie of Representatives. come rnbR fire.
quentiy from this great fource of power, they
claim the beft right of knowing and exprsfingN
its viii; and Of couric the right Of confronting
influence over the other branches. NV doclfinc
is precifely the revGffe of this. If were called
| upon to declare whether the independence az
judges were more eGentiaIIy important in mo- !