The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-03-04
f TIE UNITED STATES
TUESDAY, Fcbru:
DEBATE
(CosTINUED.)
CMr. CHESS Speech concluded. }

The next question which presents itself tor
consideration is, how can this further definition
be obtained What department is most compe-
tent to ii What is the proper department
der the constitution? BE said there be no
doubt but the Legislative is the only constitutional
and competent department for that purpose.
Mr. G. said, it Mould be recollcctcd, that &C
eortling to die interpretation put upon the clause
Of the constitution first read, it stated that
the power of declaring ascsrtaining the acts
which would amount to the treason of levy.
ingwar, &c" and adhcring to the enemies, &C."
was conferred the government general
ly and not on any department exclusively. If
this position be correct, winch appeared To him
to be plain matter of fact, he would now call
tile attention of the Senate to another clause in
the constitution, which he considered directory
as to the proper department tor exercising this
power. The clause he alluded to was in the 9Th
section Of the first article of the constitution He
would read both clauses togcther--5d sec. Sd art.
" Treason against the United States shall consist
only in levying war against them, or in adhcriug
10 their enemies giving them aid and comfort
'Sth sec. LIST art.-CongrcsS shall have power "to
make all laws which shall be necessary and pro-
per for carrying into execution the foregoing pow
els and Ill other powers vested by the constitu.
ton in the government IF the United States, or
i'll any,dcpartncnt or officer thereof" Now ask
the question, is the power OF declaring or ascer-
tanning what acts amount to the treason of 'le-
wing war against the United States, or Of adher-
ing to their enemies, &c" vested by the const-
tuition i'll the government of the United States (,
Answer--]t certainly is. What is the proper de
partment for passing ail laws necessary and pro-
per for carrying this power into execution The
constitutional answer certainlyis, Congress
II this. exposition be correct, and it appeared
to him 10 be seitevidcrt, IT is no longer const-
tutonal question:, but it is question of expedi-
eIcy. Is 1T necessary and proper under existing
circumstances to pass such laws This ques-
~fon has been before answered in part, hut would
be further examined presently. The clause in
the constitution last read has also had a general
cabalhstical phrase applied TO it. 1t is called
" the sweeping clause, and attempts have been
made to inier from IT, general powers to the go
vernment, altho heshouid discard that intcrpreta-
ton and readily admit, that it confers no power
of itself upon the government, il is of infinite i'm
portance IN adjusting all powers vested in the 60
rernment, by the constitution. 1t determines
upon the department, i'll which the ultimate pow
of the government is vested The first part of
the clause relates TO powers previously and spc-
officially given to Congress. Che words are % to
make all laws necessary and proper for CARRYING
into execution the foregoing powers" This al
though extremely proper, is the least important
Part of titis clause because al neccssary,and
proper means tor carrying into execution All the
powers specifically vested IN Congress, might have
been inferred it was however, perhaps, better
10 express II, and leave nothing TO Inference but
the remaining part of the clause is the real opc-
rative part of it. The words are "and all other
powers vested by this constitution in the -areyern-
flcnt of the United States or any department or
officer thereof" The wisdom and foresight of
the trainers of our constitution, is particularly
eliscernable in this article They clearly foresav
that many difficulties might ARISE III the exc
cution of many or the powers vested in the
government of the United States or IN some of
the departments thereof, which at that time
tou, not be conceived or imagined for the pur-
IN ntr hes ic,,lti
Insuring the due execution and administration of
the government, this clause was introduced de.
ella ing in effect that whenever any such difficult
ties should occur, III relation to any powers vest
ed in the government, &c. Congress should have
power TO pass all laws necessary and proper for
relieving them from such difficulties, and carry
ing such v. stcd powers into due execution. This
clause in his opinion, therefore, must be consider
ed AS also settling al questions amongst the de-
paltments respecting the ultimate deposit of pow
fF.
But formidable difficulty is here interposed
The danger of legislating this subject 1t is
said, if Congress should undertake to decla.,e
what acts amount to the treason "oflevyne war
and adhcring to the enemies, &c. they may de-
clare acts REASONABLE not embraced bv these de-
hnitions and limitations and supposne they
should do 50, where is the remedy, In the first
place il may be Observed that there is no suc,
supposition warranted by the constitution The
supposition itself, IS therefore uHcoRstitUtiono(
The constitution has furnished certain guards A.
gainst it's violation in this respect, as we'll as i'm
all others. The representatives. chosen at GER
tam short periods arc themselves subject 10 the
same rules of conduct prescribed to others and
take solemn oath to support the constitution of
the United States. IL is believed that thes.
guards are sufficient for the protection OF the con-
stitution and that the danger OF its violation il
merely imaginary; but in the next place. this
suppustion might be answered by another sup
bose the Judges were to declare certain acts trea
sonable, winch are not embraced by these spe-
cics of treason defined in the constitutions where
is The remedy The dangerin this case appears
to be greater, than i'll the other; and there is no
romedS at all because Che Judges are irrcspon-
sLlc except, to use their own language, to God
and ti.cir own conscienc es They. not ruspOn-
stle 20 the people, who alone posses the ultimate
ccnsorisi power wheiers their representatives
are responsible directly 20 them at short periods
aid tie President and mate indirectly RESPONSE
Bic to them at periods some what longer. But it
can be demonstrated, that the judiciary depart
nient under its Present organization, is utterly
Incompetent 70 The due exercise Of this power, as
viii he clearly seen from the following statem cnt
The supreme court OF INC United States has no
criminal power whatever. That power is conf
led " TIC circuit courts. There are eighteen
circuit courts in tic Unned States, including the
circuit court of Columbia, and excluding all the
territorial courts. These courts are composed of
rs Judges, ard are bcid at Is different places
without ans connection with each other 4, tar
rs The opinions OF tlese Judges nave been ascer
- te IrffgvgI r, cf h.,