The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-02-26

Der Of species ard carie.es that Legislature could
IN day arrange1 under the generic tern, of trea-
son. s. ss ;.
But why was it necessary for Congress to ex-
pound the constitution Were there not a de-
partinent of the government tn which the inter-
probation Of the statutes enacted by the two Hou.
ses, treaties concluded with foreign nations by
the President and Senate, and tho great national
act OF the convention rs ratified by the several
states was specially intrusted He meant the
BODY OF the Judiciary, consisting of men select
ed from the class of citizens, for the express pur-
pose OF declaring what the law is II seemed
more orderly and regular to permit the Judges to
remove the existing obscurity in the law, by the
exercise of their professional talents, than TO al
ter by statute course ofinvestigaton which con-
formed to the true theory of the constitution II
is certain that mconveRencies efa serious kind do
exist but had we not better bear them than run
the risk OF rendering them worse bv tanperintr }
Ii would be lamentable indeed il the remedy We,
| are about to apply should prove worse than the
disease 1t might perhaps be fault in him that
he regarded the courts Of Justice with sort of
habtuai reverence. He owned that he might be
mistaken in viewing the present invasion of their
province with sentiment that alarmedh his solicit
| tiide while 1t awakenedhs sensibility. But SO it
was; he would not conceal his preference to the
tried and settled method deducing the rules and
maxims ofthe law, through the constituted tri-
bunals.
| Mr.. MitchiI said he would state another con-
sderaton which WAS very impressive on his mind
| 1t was the power claimed and exercised by the
Judges to repeal or nulllfy statutes by tcclarn
them unconstitutional. Suppose the bill on your
table, Mr.. President, should pass and it should
afterwards be considered BY the Judiciary as n
statute which the constitution forbade Congress-
| to enaet-Would not it he pronounced void, and
| all proceedings under il be discontinued or dis
missed This then is the dilemma to which we
! are reduced; if Congress proceeds in the man.
ner proposed by the bill to define treason, and
their acts are binding upon the Judges, then sue
ceeohg Congresses may multiply The species of
| those offences To any number that NAV suit the
purposes ct an infatuated majority, and the courts
De compelled to carry those acts into operation
however mischevious ruinous or, If statutes
which, IN the opinion of the Judges, initiate a.
ssalnst the spirit and letter ofthe constitution are
declared by them to be Off force or effect, we
certainly legislatc to no purpose AS to the pow
or OF dccldug on The unconstitutionaiity of sta
| tutes, the courts had, it was weell known, exer-
cised 1t in several instances. Many able states
| men had been induced to believe this wasa sound
and legitimate employment of their functions.
| f.nd rs the powers granted by the constitution
were at present understood and exercised, he
doubted whether, even if this bill should ripen
INTO statute, 1T would bear the test of judicial
scrutiny.
| Ihese were imperfect sketches ofsome ofthe
ideas which he entertained on this important sub
lect They were utterd in this incipient stage of
me debate for the purpose Of gaining further in
! formation No one could be insensible of the
| toll that had been expended by the committee,
and more especially by his honorable and learned
ii9end, the Chairman, in preparing it. He wish
ed for full discussion of this great question
| ana he entertained no doubt it would be examined
with seriousness worthy so "hi,h an argument
For the purpose therefore of bringing the sub
Jet to point, and of inviting the supporters of
me bill to offer all the reasons they may think pro-
per TO urge IN It's support, Mr.. M concluded bv
making motion to strike out the section.
Mr. CHESS Speech in or neet)