Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-05-31
liz 1-2 Gents Single

the crime Of treason should. only CON.
sist. AS the arguments Of the rentle-
men, deduced from those principles
and facts, are before the Senate, and
remain unanswered, tw;thstandine.
some teeblc attempts which were made
IN reply, viii not tread the same
p ath, bat proceed to make few oh.
servations on some of the provisions Of
tee bill, and the arguments brouphe
formard in their support.
think, Sir, that admitting the pow.
er OF Congress to legislate on the sub.
Ject, this bill is legislating on the
wrong side: all its penal provisions
tall upon the people: the bill loses
sight OF the Facts from which it ORIGIN.
ated; there is nothing in it ehat i. nv
mind has any tendency to restrain his
mower of the judges the peopl of &c
u ). ares by the provisions ~ .his BIZ,
made the scape goat to bear the sins of
he judge.
But this is not the worst f ature of
the bill +; in its tendency i confounds
add destroys moral distractions, bv
lnvol ing the deceiver an the CIV.
Cd IN nearly the SANE uishment :.
ms, SIR, is perverting the n.,urei
order OF thing. Every law ought %
punish the s,rttul ,lcceiver; bur. az lar
As possible, provide for tn protection
9f the Innocent, he weak, and The
1rednlous, from the intriguing mach-
Nations and artful tolls OF The daring.
che Prohigate, and the unprincipled.
Inns bill Cannot produce asv other
effect, than to place the people atlaree
more IN the power of tn Judges and
the gentlemen OF the bar; Tor it must
De remembered, that the pow r which
rne Judges exercised at Richmond, and
which IS mad the ostensibie ~eascn
tor the introduction Of tbs bill, arose
from construction he gave such n
construction to the constitution and
law OF the u. S. as protected a crimi-
nal from the punishment iustlv due to
his atrocious machina.ions, and n,ain
Palpabie acts, which admitted of no dis.
Pute. But II must also be Remembered
that another judge (Chase) had in the
exercise OF his power and discretion.
given construction to the cons i'm.
ton and laws of the u. S. the very
reverse OF that given by Mr. Marshall.
at Richmond, in the trial of Burr
Judge Chase, in the trial of Jobn
Fries, gave such a construction TO the
constitution and laws. that man was
condemned to be punished bv death.
as traitor, when there had been M
treason committed. Now let me ask.
IS 1t possible, in the nature of things.
to limit or restrict this power Of co.,
struction, by enlarging the volume of
the laws upon which it is to act?
L will not, at present, Mr.. Pres;-
dent, express all nv fears, but / think
1t perfectly fair to infer the character
OF the bill, from the arguments urrrd
In favor ofpassing it, especially as the
talents and ingenuity of those gentIe-
men, who are its advocates. are ar
knowledged by all to be entitled to
great respect.
The honorable gentleman from Vir-
GINA Mr.. Giles) who was chairman of
the committee, who brought in this
bill, In reply to the honorable eentJe-
man from Connecticut (Mr. Goodrich
admitted the force of his observation,
that the innocent might be involved in
punishment with the guilty but he at
tempted to quiet all our fears, bv tel
ling US, that the humanity of the iudge
and the jury, would at all times be 4
sufficient protection to the innocentl
Sir, the humanity of juries has been.
and / trust ever will be, a protection
to the innocent; and every instance
where the case is LETT TO the iurv. nm.
on its own merits, in their humanity
and love of justice, the innocent and
the prosecuted may find protection.
But mnst be permitted to ael.
where was the humanity ofthe Judge.
when Sidney was executed, when Orr.
and Emmett, and hundreds more Of
the brave, but unfortunate United l.
.rishmen were executedl Where was
1t when John Fries was tried and con-
DENIED Where, Sir, is the instance
on record, except the solitary one at
Richmond, where any Judge interpos-
I'd his power between a government