Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-03-04

o'sIihase, ana worthy ~ punishment
1rue IT IS, tiias they are sworn 60 support
the constitution; and, in dong so, must 80,
that construction upon IL which .htfr osy7
judgment approves, an tie yty-sk i.sk3ars :.
but tteir judgment is not imtarlibe. They
must indeed support it, according t. It's
true meaning, so far as they can ascertain
Ii; but whenever their owa opinion is legi-
timlteiy declared 10 be erroneous they
should rciin9uish that opinion, aud follow
the better Course pointed out by the sove-
reign power IN the state, which (oe it right
or wrong) is, IN his conaH~g, tie People
aud the PEOPLE ONLY they should con-
slider that, as the constitution was made b.,
the people and for the people, whatever the
people deliberately and positively deter
ninS II shall be, it therefore legitimateIv is
and must be.
II follows from these observations, ifthey
are sound, Gas they are believed be) that,
since the constitution no where gives the
Judiciary superiority over the legislative
power, If therefore, lin a case not depend
ing on the constitutionality of any act of
congress bat simply OH the language OF the
Instrument itseif,) the Judges infringe it.
and attempt to establish doctrines DIES rue
tive of the public safety, congress has the
same right 10 make legislative declarati-
on OF the true meaning of the constitution,
in opposition to che false one imposed upon
1t by the judges, rs the latter have in the
trst instance to declare any act or congress
unconstitutional. If, IN attempting To do
so, they eXpouud the instrnment erroneous
iy, their constituents, as before mentioned,
muse decide between them and the Judges,
and remedy the evil by discarding them and
electng other representatives We con-
Guide, therefore, that, IN certain cases, con-
gress has the right OF passing an act TO ex-
pound the constitution.
TIE rext point TO be considered is whe-
'her there is necessity for such an act OF
the present occasion.
Of this, we conceive no doubt can be en-
tertahed by any pcrSnn who has taken Il
view of the varluus strange and inconxrU-
Gus G;)ipicDs relative to the definition If tTea-
son, which have been pronounced By the
Judges ot the federal courts. TIE tg,il o.
.1aTon Burr clone c0nclusively proves that
the safety ot the nation Will be endangered,
and Traitors forever pccattcd Co escape
with Impunity, ii the construction put by
the chief Just Ct OF the u. S or the words
siepginS gou1-' IS admitted TO be law The
iinmuner2blc lengthy arguments 81 counsel
on The variu1s meanings OF those two words,
ADD IN prolix, perplexug and uniniellisible
1o-Wcan;ng affixed to them by JUDGE Aaor-
shat, in cCn,r2d 'ct,on TO, or evasion Of the
definition previo usly given by the supreme
couct, all combine to shew the necessity of a
farther explanation, 20 enable men &C plain
common sense TO know what tressaU IS
Penal laws IN free country ougat not 10
sc obscure and unkac'yn 80 the Deoplc and
That (abcve all cthers) should b. GEAR end
explicit, which describe the nest stroci-
CHS of all crimes and deprives the ciferd.,r
Of life An explanation ought therefore to
be given: and ihercupcn, ether qucs.:ocs
rccur; by whom and in what mariner?
1t being already demonstrated that con-
gress has Tlgff, under the control OF their
constituents, 10 pass ali act explanatory or
Geclaratcry ofthe meaning Of the CONSTITUTE
on, it fellows that, where doubts exist IS to
the Interpretation of any important part,
it is the Glfy of congress 10 explain il for
the public good without waitiH~ fov an ex-
plapaticn from the judges, (Which applies
to offences only after they have happened)
or resoi tiCg TO the slow and circuitous me-
thod ofamcndng tie instrument: more es
peCially where the Judges have niyc0nstru-
ed and perverted The constitution. 50 az to
screen traitors from punishment, aud f.us-
tra;e altogether its provisions against them,
1t IS The aocre9 dun Of congress to arrest
the prcgTess oi toe mischiefas soon as pos
sjb'e. Cong. ess therefore, ~ insist, ought,
Oh The present occasion, to explain the
constitutional definition of treason by de
Glazing the true meaning of the words s" Le-
Ugiug 7Uar."
In doing 50, as those words were borrow
ed from the laws of England, they must Of
course resort 10 tlat source TO discover their
meaning; for, aitho' the doctrine that the
British coGsncn law is nf itse { i'm force in
the government Of she ". s. is An aboInina-
bic political hcresy, yet all parties agree
that, wherever any technical phrases der-
we'd from the common law were used in our
constitution, tue common law meaning must
re aur"Xed to such phrases. Whether the
definition attempted to be given by -lr G's
bill is Itself free from objection IS another
question ofCrcat Importance, which may be
con sidercG hereafter Atpreeent we only
ccntend chat Congress ought to give the
true exposition OF the words 4" ieUging 7prr,"
rs Understood and established by tlie ;litho-
rites " Eugltnd, at the time Of the adop
ton OF cur constitution, in opposition 20 the
false or obscure exposition which has late
ly been given by our federal Judges. In
performing this duty they should specify
only sach acts Of LcJgiHg mar as have becu
individually decided by abic aud uDcorrupt
Judges in ENGLAND @ constitute treason, ard
should leave cut the whole family Of tyran-
meal and constructive treasons, none Of
Which can be in force in this country.
When they have done this, 10 future con-
gross viii have 4 right 70 add to the num-
Der Of the acts which amount 90 treason