The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-03-04

"ep11teW dosofHfety independent, but To rciner
supreme over all The other departments OF the yo-
vernn,ent-in the one case he is placed in the, si
waited and dgniied attitude or distributing ins
tee impartay amongst his fellow citizens IN the
other, he is reduced to the miserable political in.
triguer, scramblng for power, for when once.
TINS appetite tor power is INDUCED, tine sacred
mantle of the Judicial character win be found hut
feeble Darr,cr against its influence. There WAS
nothing IN names--t was no, material whether
they We're called Judges, or consals or censors,
once place power before their eyes, and they
would AN, With an equal impulse, pursue the
means best calculated TO attain It. This is human
natureI aud under such circumstance, raise this
sacred mantle OF the Judge, AND YOU will find cor.
ce;.led beneath IT strong marks of the frail,,e
common to human nature. Hence this argument
derived from the sacreduess of the judicial cha
ractcr had but little influence on his mind and
therefore could never be an nd,icement 10 him To
yietd to their claims to ultimate and animated
Powers~-esen the oaths tsken by the Judges have
been suggested oy them, arguments IN favor
OF their claims to Ire ultimate power Of the go
vermeht: Without seeming TO recoilect that
their number is sever, and that the same oath is
taken by above one hundred and seventy members
OF both houses OF Congress and Us a further
protection of the constitution, Congress is com
posed OF two branches placed as mutual checks
OH each other
He said lie would now detaih the Senate toi,sv n
few minutes longer, whilst he made a few obscr-
vutions on the only remaining clause in the cohst-
tuition connected with this subject. II is the last
clause OF the Sd sec. of the Sd article of the con.
stItuton IN these words" The Congress shall
have power to declare tue punishment of treason,
out no attainder OF treason shall work corruption
OF blood, or forfeiture except during tine lite of
the person attainted." 1t will be here observed,
that tins clause relates solely to Legislative pow
ers, although is classified with the power of the
Judicial department.. An Inference has been
llS G.
| the punishment of treason, is expressly given 10
Congress, 1t excludes the inference, that Com
gress may also declare what acts shall amount TO
| treason This however is mere inference and
1t that effect intended by the trainers of the
constitution, they would certainly have expressed
it-tor it is not possible to conceive if this idea
once presented itself to them, they would have
lett subject cfso much delicacy and Importance
TO mere inference. This clause was evidently in
troduccd with very different views, and so far
from It's excluding Legislative declaration of the
acts amounting tn treason, it affords an argument
In favor OF that construction. This clause like
the preceding one, is intended both to confer now
er, and limit its exercise 1t gives GO Congress-
the power OF declaring the punishment of treason
but limits ITS exercise to attainder of blood, only
during the lie OF the person convicted But NAV
not Congress, consistently with this clause, apply
different degrees ct punishment to different acts
OF treason Are there not different degree. of
moral turpitude, in different degrees of treason
And now can Congress poss,b graduate accor-
ding to the degrees Of moral curptude, different
puEishments to different acts, without the power
OF defining the acts to which such punishmcnts
are to be applied He acknowledged he could
not see how it could be done, without such def
ntion The doctrine of apportioning punish
ments 10 crimes, according to the standard of mo-
raj t,n'pitude, has always been tavorlte one in
this country, and very probably, not without
its effect IN introducing this clause into the con-
stitution He said he had done enough however
for his argument, if he lad shown that the IN
ference generally deduced from this clause was
not warranted by it. He had now presented to
the Senate the leading motives with him for in
Producing the principle OF the bill-and if he had
occupied more of their time, than was agreeable,
he hoped the delicacy, difficulty, and importance
of the subject would furnish his apology