Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-03-01
T U & s d A z, NApcH l.. 1908.

though he should discard that interpre a,
ton; and readily admit, that il confers n,
power cfiiself upon the government, it is
OF Infinite iuportance in adjusting ali pow
ers vested in the government and by the
constitution. 1t determines upon the de
partment, in which the ultimate power OF
the government is vested. The first part
OF the clause relates to powers previously
and specifically given to congress. The
words are TO make all laws ne ssary ano
proper for carrying into execution the fore
going powers" This although extremely
proper, is the feast important part OF thus
clause because all necessary and proper
means tor carrying into execution all the
powers specially vested in congress, might
have been inferred; it was however, per
haHs, better TO express it, and leave no.
thing to Inference +; but the remaining part
uf the clause is the real operative part oft.
The words are and all other powers vest
ed by This constitution in the government
OF the United States or any department OF
officer thereof" The wisdom aud fore
sight OF the trainers of our constitution, is
particularly dIsccrnabie in this article.-
They arly foresaw, thar many DIFFICULTIES
might arise in the execution Of many OF
the powers vested in the government, OF The
United States or IN some OF the depart
ments thereof. which at that time, could
not be conceived or Imagined: for The pur-
pose therefore Of meeting these Difficult
lies, and insuring the due execution aud
administration Of the government, this
Clause was introduced; declaring in effrc,
that whenever any such difficulties should
occur. in relation to any powers vested in
the government, sc. Congress should have
power to pass all laws necessary and pro-
Ger for relieving them from such d ii.cul-
lies, and carrying such vested powers ia,o
due execution. This clause in his opinln;
therefore must be considered as also sci
ting aIlqucs,ions amongstth the department.
respecting the ultimate deposit ofpower.
But formidable difficulty is here inter-
posed. The danger of legislating ON this
subject. II is said, if Congress should nm
dertake TO declare what acts amount 70 the
treason 'Fot levylng war, and adherng TO
the enemies" &c they may declare acts
tressups Die nat embraced by these definiti-
ons and limitations; and supposiug they
should do SO, where is the remedy In the
first place it may he observed, thae there
is no such superstition warranted by the
constitution. The supposition itself, is there
fore unconstitutional. The constitution
has furnished certain guards against its vi !.
oation IN this respect, as well as in all 9TH
ers. The representatives eare chosen at
certain short periods; are themselves SUBJ
feet to the same rules of conduct prescribed
to others; and take a solemn oath To sup
port the constitution of the United States
1t IS bel eyed that these guards are sufhci-
ent for the protection of the constitution
and that the danger Gifts violation is mere-
ly imaginary bu in the next place, this
suppositlon might be answered by another :;
suppose the judges were To declare CERTAIN
acts reasonable, which are not embraced
by these species Of treason defined in the
institutions; where is the remedy p? The
danger in this case appears TO be greater,
than III the other and there is no remedy
at all because the judges are irresponsible :;
except, to use their own language, to Cod
and their own consciences. They are not
responsible to the people, who alone possess
the ultimate censorial power whereas their
representatives are responsible directly 90
them at short periods, and the President
and Senate indirectly responsible TO them
at periods somewhat longer But it can be
demonstrated, that the judiciary depart
ment under its present Organization, is nj
terly incompetent TO the due exercise Of
this power, as viii be clearly seen from the
following statement
The supreme court of the United States
has no criminal power whatever. That
power is conhded othe circuit courts. There
are eighteen circuit courts in the IT, States,
including the circuit court of Columbia, and
excluding all the territorial courts. These
courts arc composed OF % judges, and are
held at g different places without any con-
lncctiou with each other as far as the OPT.
mons of these judges have been ascertained
it is believed, that no two OF them have con-
Cured as 20 all the acts which amount tc
the treason oflevy.ng war the only spices
that has yet been presented to them for adj
judication the other species "nf adherirg
TO the enemies of the ". $. sc" not having
yet occurred the ". $. having enjoyed ale
most Az intermitted state Of peace, ever
since the adoption Of the constitution. j.
that species Of treason should become fire.
quent, circumstance highly probable, in
case Of a change in the state Of the nation
to a state of war, similar result may 1e
expected. What prospect Of settling prin
ciples correctly can we have, if 1S different
tribunals should settle the same question in
18 different ways, Yet his honorable friend
from New York seems disposed t. wait " IN
patience, until some ccrfainfg can be csta.
blished IN The usual course OF judicial dCci-