The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-19

thirds Of the House Of Representatives, and
amsjority of the Sepaic. 'ri,is, I am iBcli-
ned tobelievc, will tie the most saiutary a
mendment = -;
Permit me now, sir, to make one or tyyo atld;-
tonal remarks which I have Omitted and which
tenn 10 shew the necessity Of amending Our law
We are told tina. when Judges are Src4E that tey
are less dangerous than either legislators or exc.
cutye magistrates. 1t is no evidence of the weak
ness of judges, that they are to determine the
consftfufionafity Of all idws. This is proof that
they are superior to the legislature. Our federal
courts are have jurisdiction at common Tau Gas
all OF us have frequently heard) If this is the
case, their powers will extend over the whole
wide field of Legislation. Is this any evidence of
the weakness and comparative nsignificance of
our Judges, We are told also, sir, that Judges
are nor ambitious that they have no desire to nc
9mre power; that they are removed from the DO
lucai contests which agitate our country and are
not disposed to grasp mt power. Is this the fact
VIII again refer to that conclusive system of rea.
sohing, MIR. CHESS speech in congress-I quote
tiiat speech as containing important facts which
throw light on this subject. He tells us page IS
OF the pamphlet" that shortly efterthe establish
ment OF the courts of the u States, the Judges
aeeiaea' that they had jurisdiction over the states
III their sooerefgH capacity. Did this in Judges
seem unambitous The States thought it did
not IN the same paragraph he tells us &c that
JUDGES have determined that their jurisdiction ex-
tonds to the lex seritta Or rather the lex non
deso!Pfa- Does this III Judges seem unambti-
on Judges too, hctells US Sc have sent a man.
oatory process, or a process leading TO IL manda-
mus, into the executive cabinet, to examine its
concerns Does this judges seem imam bilious -
Judges then, sir, are neither veak nor yna7,biti
0ns we neglect our most invaluable rights, If
we 90 not place before them the same barriers
which we plass before other officers.
i will now, sir, no longer detain the cen,
mittee-1 will conclude with brief statement of
the several positions which it has been nv obiec
10 establish. l have attempted to prove to the
members of tins committee, that our constitution
Is so detective that our judges are in effect pos
sessed OF absolute, uncontrolled power and are
amenable to no tribunal on earth have attempt
| ed to shew that "A Judge in the u. States NAV
commie nigh crimes and misdemeanors and es-
cape from Impeachment thai. he NAV act repre-.
| hensibly and not be impeachable. have endes
vored to shew that some such amendment to the
constitution as the one proposed, is essential to
our saIety and happincss as "A nation. That iude,-
es IN England are more dependent than in the u
states, and that there liz greater necessity in Eng
| i;nld that they should be inlebenden.--That many
on the u States have gone before us in political
Improvement and explored the way for ne.
nave nothing more to add, sir, but will con-
| clude by reminding this committee of an cyDrcs
SION which has fallen from worthy gentleman
from Orange. We are not now 60 lee,islatne for
inc moment" we are lcgislating for our country
now and hereafter we are legislatinsc for boste
r!y. AS such are the duties which we have to
di'chige, trust, that every mambe, of this
committee, will reflect, will deliberate and de-
eide calmly and correctly l call upon them to
exercise their utmost elaboration and to bear in
mind the good old Republican maxims which
have carried us safely through the dangers and vi
cssltudes OF political life call upon them to say
that they will not tolerate, in the u States, the
existence Of an Independent body corporate, pos
Sessed OF exorbitant powers the powers oflegis-
lating, of executing and decidine. and perfectl,
irresponsible to the people-for the reasons,
which have already given, shall vote fol
| this resolution