The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-16

&c eSsciiSiiCsri ohf poliOcSl institutions
;'s they respect the legislative body, consists
III tie responsibility OF its members. But in
scrt this amendment, and ON this subject re-
sponsibiiity is gone Place in the hands of
| men in oiiice the power of yelling their trans-
| actions fi'om the public eye, and responsible
iity is only noHinai. And such will be the
case IN the removal of judges. An ca, t0rte
examination may take place, they may hud-
die up their papers, nor have reason to fear
the ncrveiess indications of an unsupported
individual. The character Of no man thus
situated, will stand against Congress His
publications (his only resort) will be read l,v
few, will be believed by none, and will be re-
garded as the partial statement of a critai-
mel; for when calumny has blackened the
Character, few will venture to become it's
vindicator and advocate.
There is another view of this subject. Mr.
Chairman, which appears to me still more
important, and from which the necessity of
possessing an independent judiciary is still
more plainly deducible. But if have right
ly understood the gentleman from Wythe r
fear have falsely calculated on an union of
sentiment, on this part of the subject
should be glad to learn if rightly understood
him as advancing the doctrine that the fe-
deral government had right, if it thought il
necessary to cede a state to a foreign power.
(Mr. Smith rose and avowed the opinion
saying that was his idea, if Congress thought
1t essential to the safety Of the union)
Mr.. t. Mr.. Chairman-I am sorry to
hear such doctrine as this advocated by
gentlemen. am compelled, sir, involunta-
llly, to turn from the subject before the house
Ga subject of FIR less magnitude) to exnress
my adherence OF this shockine-this mon
strous doctrine. According to this opinion,
the people OF this our old dominion may be
abandoned and coded to q foreign power--to
Bonaparte, as has been said, if Congress-
should SO think proper Is this republican,
ism! Is this the doctrine of our constitution
is this the system ofpolitical opinions we shall
adopt Are we n consolidated government.
that Congress can cut off a limb at pleasure
i had thought we were Confederation of
state sovereignties had thought we were
ourselves an independent state bound to our
Sister States by a solemn covenant. And
can we then be ceded be Transferred 2 g.
Congress CEDE q STA7E I! Would to rod
that could rouse every bosom 10 a lust and
proper Indignation of such opinions that TN.
spirit OF the great and eloquent defender of
state rights and state sovereignties could in
spire us in behalf OF his favourite, his ADM.
rablc doctrine. Are we then come to this
that we may be given up by the whole. nav
by less than the whole OF the u. 5. For who
would have the power, if such power exists.
to make so n1onstrous treaty ? The treaty
making power is in tine President and Senate
and IN hard unconstitutional times, the House
OF Representatives were declared 20 possess
little else than the right of executing a trea-
ty which had been ratified by these two
branches OF the government Sir, in that
convention which sat here to deliberate ON
the federal constitution, that able man. Mr..
Henry, with prophetic spirit declared, that
the state sovereignties would be swallowed
up by the federal government. When doc
trines, such as those now advocated. have
found their way into our own government.
when it is asserted that Presidens and Sc
nate can barter away state, we aopear to
be rapidly approaching the destruction that
has been predicted, and it requires all our
energies to preserve our state authorities.
The greatest objection have to the amend
mentsb before you, is, that it breaks down one
OF the greatest barriers between federal en-
croachment and state rights. This has ever
been the apprehension of every republican.
the danger has been felt and has been regret
ted. What did your Henry say That this
judiciary, which, if rendered independent as
we'll of the smiles as of the frowns of mower
might have been strong barrier; even as
new constituted, was too feeble to reader the
ample service that might be expected from
IN independent judiciary. Has not the
event justified his predictions of the danger
OF encroachment on state rights, and of the
necessity OF barrier ? In times past, look
tthe scdition law, an encroachment on state.
power Did we uot complain in those DAYS Of
other invasions IF mistake not, the carri-
age tax was believed to be liable to similar
objections. And what do we see even at this
day! II Virginia lazv in effect reiterated bya
resolution of the H of Representatives Re-
pealed too, though to my mind, paIpably con-
stitational. speak of the case of McCrec-
ry. Though Maryland case how soon
may it not be your own Are we not told.
that another enCroachment on state rights, is
about to take place! Yes that Congress
are about to close the Potomac: to violate the
chartered rights Of the company, and the So
vereignties of Maryland and Virginia: for it
IS plain 1t they can so thus far, the dominion
is In them, and that they would have right
to stretch chain across the river. Suppose
the Potomac company should cut through, or
destroy the bridge when erected, because
subyersive of the rights of their charter and
OF tn" .Ite where would the violator of
t. Congressional law be tried Not in q
state court: but before federal tribunal.
Ii this amendment is made, he must be tried
before poor, feeble, trembling creature.
who holds his Office at the will OF Congress-.
and shrinks from his duty at their faf.
This wretched thing is the barrier interpo-
sed between your rights, and federal usurpa-
tons
Let us not again repose our confidence too
securely III congress. In this-that body is