The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-12-12

tart, and difference of o;;h,ion ,ys to have been
expected. Bat IN times oil dcmocrac, he had
he;rd tie MAXIM echoed, that Uo popH del,
and yet arc the judges compica;iy independent of
that voice. He thought it could be syllogisticallv
pfored, that their tenure III Office WAS opposed
70 the principle OF representation. Is it not a
TACT, that there arc now judges who are as OBJ
noXious to the people, they hostile TO repub=
iican principles and yet these men could not be
disPosscsset or their power, except on their be-
ing convctedof some act, which in common law
would amount to felony or misdemeanor--Have
we descended Gods 10 preside on tie bench of
justice When judges once mount into office &
they should be guilty of what he would call NAL
ieasapces, ne thought that there should be some
power to remove them, without travelling through
the mazcs OF technical law Must they preyi-
onsly commit a burglary Is this an innovation
wh;ch ma mJuic the people themselves They
WIZ oeSr 1t patiently, because it is an act of their
own NoiCion Bit why attack this measure so
fehlaofeiy Arc there no prccedcnts to be
found Tor it in this any other country In the
GnSiish constitution, that boosted monument of
human invention, that never-endng theme of f;.-
der;i euioSium, the tenure OF the judicial depart
ihe'it IS mitch shg.itcr than this solution propos-
es. bare Iu.jority is sufficient to remove but
~ thS resolution, 2-3ds are required Are we
u presume that there will be such corr,,ticn in
~-3dS CT Congress, Us that they VIII remove with
out adequate cause II the gentleman from Nor
io'S would examine the state constitutions he
would md tIat at least i'll half OF them this
tenure prevails, and yet it is not found productive
oi any deieto!ious consequences.
mr. SmitA lof King & Queen) did not intend
to eXPatiatc at large this subject nor to offer
nasty, aiid scanty glance offs numerous features
lie rose only 20 express his establishment at tie.
co'uso thatsy,s now pursued His worthy friend
from Norfolk had moved for an indefinite post
ponement OF the question If :, petition FOL. road
or Il bridge be presented to this house, it is not
IA 81, &
tloae who oppose its objects, choose to refer it
Sh"il Then proposition on which this house cam
hoI acoei' te TOO MUCH be ut ONO re ected with
out q hearing Does the gentleman believe that
oar constitution Came perfect from the hands OF
lts makers Ilat ii needs no amendment; or that
~ mas struck Its roots SO deeply, that cannot
examine IT, without shaking the whole edifce !?
mat we must uniformly approach it with pious
awe amt trembling soiicitutle On these resolu-
tons, Mr.. S. said, he would offer but one or two
general remarks. AS to the lsl resolution he MAN
: thiSd IL % be great maxim, belonging to re-
f'tbLcs, inst the principles of representation and
responsibility should be held sacred 1t was his
oIinol, uat Tor those petty priv ate vices which
Go not amount to q high crime or misdcmeanor
but which sally the purity OF The Ermne, a nudge
should always be held responsible AS to the Sd
feso''.ton Mr. S. trusted that the great princl-
PIE oi responsibility should also apply to the Sc
nate OF the u. s. He hoped with the immortal
a"shor OF the letters of Curtius, that 90 the ma
iesty or that assembly (wouid never bel polluted
By tne vie feet Of the swinish m,Iltit,l,ie''
! En-. smith Tor Wythc) did not expect that this
hio'ioh would be made, when distant day was
ABOUT to DC appointed for the discussion OF the
question. Was this fair and proper: Was it the
usi;i and regular course of procc edng The
. gentleman GOES not that his own course
defeats ms purpose. If these resolutions be this
DAY post Pohed, may not Others OF a similar spirit,
pGri'..i's inc resolution OF the gentleman from
I \ 1 u. IL 4.
certainly TINS great question should not be has
! uiy d'amssed. lie would offer but a few re-
lia:ks oh each oil the resoiutioIs-It follows from
tte present constitution, that jlel,ce cannot be
! '4Si'iiss'd, however monstrous may be MS opini-
oilH lor lheSe DO not amount TO a high crime or
&mlsaemeanor. Il seemed To him, that a Judges
OPINIONS may he hostile TO the liberties of this
country as to require iis removal. lie may main
| tam, Tor instance, that the bloody code of the
! Common Law is III force in this country He may
maintain uiat the civil law is in force He NAV
MAINTAIN tat The treaty OF peace having been vo-
'".eu IS VOID, aud that the part which Recognizes
ou-' Independence has TO longer any existence
Inc judges contend, that they have a right to de-
Clare any acts OF the Legislature to be unconsti-
| eutioi'4, and therefore void. Shall tins doctrine
| be submitted u BY u.s. l. it better that two or
uTec judges, OF The Congress of the u. S shall
Iccide the meaning OF doubtful clauses in the
coiSt.tuton :--lAcy have decided, with respect
90 the executive. that The presidential cabinet nav
% broken open at their bidding, and that inferior
officers are 10 DC liable to them, through the pro
cess OK mi.idanlS, for IN obedience to tl,,. o,.
dcrS OF thcm sGPerlots. they nave decided, that
t!ic orders OF tic President or the IT, S do mo-
Justify the acts OF military officers acting In con-
iornA'y thereto, and thereby weaken the prnci
pies or Sub1rd.aatOn. The purport of this re-
solution -, th't tc Judges should DC removable
| ~ S-jds oi both hchses os Congress. In Enc
LAID, majority Of both houses Of parliament m
address tiic throne for their removal and VET in
mat country there exists not as mitch complaint
Against the Judges IS there does in our own
Inc amendment Proposed by another State TO
| to -cIn3ve Jadgc, Mr. 5. d,ylpproved The Pres.-
dtnJ sn)uia nave no power Oh tlie subject He
oHSht dot ~ DC aDie 10 remove or protect iutlpe
'ihdefany circumstances The grant of such apow-
c. would subject judge to Executive influence.
Tie representatives. 81 Tie people IN Congress
| OUGHT aIonc 10 po55cbs this power AS 10 tle
second resolution has noe every man a RIGHT
to- reyO.se power of attorney when lac finds line
autl or'jy 20 &c abused. Oagbt not Il state 90
verHUeut TO possess the sainc Shall a senator
be- cn,,ucG 10 hold las office for years although
use state gOge1iheat believes he is betrayinr,
them Gtnng tie umc Is It not more propc
that the state iegSia'IIe should nave right to
withdrew hin Than that majority Of the. Senate
/ OF uIc =. ). ShoGd have power 20 expe him !
fAey are .erUut 90 exercise tiis VERY privilege 4
tiis moment. Ous tic Leg isiltu.c oi OmoID b