Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-01-29
s 2 D r. G III O F
ALEXHNDER SMITH, Esq.
III the House Of Delegates ofthis Com
Continued.

To1Tvenffh-C Continued
While this power is claimed and tolerated,
your goyernmcn; is imp. rfect, and inefficient.
It's acts are snarcs for the citizens. when an
act of Congrc.s h;Ss passed and been pro~e.!
by the President, and IS published as law.
no one knows whether it is law ornot
And it may be ten years before W q shall
know. re the citizens to obey this act when
it is known that IL wants the appreciation ofthe
federal judges, which appreciation is esse ti.,l
10 give it validity Are tho citizens 10 obey l.,
when such obedience may subject them to ruiz
noGs fines and damages, wl..never Mr. Mar
shall and his bretlrcn shall be pleased 10 de-
clare it void The constitution has said 81 g
every bin which shall have passed the House
t"of Repro entatyes and the Senate, shall. be-
"f--;. ttcosue n iIuO, be presented to the Pre-
d" sident of the United States ifhe apsrovc, he
"s';a.l sign IL" It is not said that the bill, 5e
Ere itJecome n i1y, shall also be presented to-
and approved by the federal Judges But that
is what they require and without that appro
b4tiaH, the man who obeys an act Of Con sress,
" Gcts at his peril"
Thc same may be said Of the ordes given
By d.c President TO military men. The consti-
tuition SAYS The president shall be comman-
Z" der in chief ofthe army and navy of the Uni
rui.ed States" II does not say his orders
shall be obcyrd ifapProycd by the supreme fe-
deral court BIT rho judges have said so in
tit~ hNtiAiO' "a lbe Cunt w LilG case OF
Li,lc against Eeyeme is thus abridged -" A
-" conmardcr ofu ship Of war oftbe o. s in o.
-fftcyinS his instructions from lie President o.
4" thc United States Gctg 81 Hs Peril iF hose
g instructions are not strictiy 5gdyrntgf by
I" ia7r, he is RnswcraLle IN DANA -cs to any
"person injured by their &c clifton" Now OBJ
serve the consequence Of these usurpations.
An actofc0ngress is valid. 5,yopj4sd fEs fsoierai
judgss abgore IL. An ORDER of the President 20
fif 4.ftt O. & ni.a tr ts..tfI , q r 3
;~-s' Gf5rovs II. But the citizens ia The one
case, the soldiers or seamcn in the other, are
called on 10 obey, before tic validity Of thc act
Is declared, by tie only authority competent To
give it validity, nnd 80 sanction their obedience
Is not thi5 Wnlust' Is it not disgraccfiil. that
after an act has been promulgated by the con-
s!nutcd authorities - la~, dat every citizen,
every foreigner, IS bound TO become politician
and lawyer, and to determine before he Yields
obedience, whether the net is "nccsssafy and
proper" to carry into execution some one Of
0ie lacihc powers Of Congress According TO
the rules thus established. IL seems to be Suty
pt the citizens aud soldiers o pause before ,hey
obey and ttcv seem justified in saving. d, their
30 eminent " We wish to obey; but we dare
" not, urt NC have The appreciation Of the SUI
"prcine federal caurt7
sir, hold K The duty or every citizen 10 O.
kcy 40 act Of Congress Published as law; sn|
&c; Which The constitution sass, "shaH de,,,,,e
a qfc and shall be "fte S4b,lne las octhrI
IoAk" hold it 70 BE- Che duty OF every militia
~ nan 60 obey the ordSys ofthe cominandcrin
Chief unless nou1esft contrary 70 law ffrj
Is the duty OF TIE citizen md soldier 60 obcv.
IL IS TIC duty OF thc nation 10 protect him
This cn only be done W maintaining ;hc act
~ he order TO be yalid.
An embargo has iusi been laid hv Conrrcss
the act mas been signed bv The President, and |
has become law, SIS fhc constitution saws. and /
as @c suppose. rhc President hes issued MS I
Instructors, aud we suppose them 70 bc y.did !
The net and snstruciilns will bc obeyed, asd |
enc scar hCnce TIC federal cour, ma declare.