Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-02-26

more especially by his honorable an
learned friend, the chairman, in preparing
1t. He wished for full discussion O
this great question; and he enterlaine,
no doubt it would be examined with Sc
robustness worthy so " high an argument.
| For The purpose therefore of bringing
The subject to point, and ofinvitipg III,
supporters of TIE bill to offer all the rea
sons they may think proper to urge in il
support, Mr.. NJ. concluded by making
motion to strike out the section.
Mr.. Giles then rose and delivered
speech substantially as follows:
He said that on a subject of so much de-
iicacy' difficulty and importance, as the
one now under consideration, it was natu-
raj TO expect that the committee who re-
ported the bill, would be called -upon II
present to the Senate the reasons, which
had induced them to introduce the princi.
pie, upon which that bill was pred'cated.
mat as he considered, each individual
gentleman OF that committee better quail
ned than himself to state the general mo.
yves operating on the committee, and Ger
talniy to state his own individual impres
Slohs upon the subject; Mr. G.. would con.
tinc himseltto stating some of the leading
motives of his own conduct in introducing
the principle reported in the bill.
Mr. Z. begged to be INDUCED with a
lew preliminary observations which al
though not directly in point upon the con.
stituuonal CUES ion presented for discussi.
on, would ultimately be found TO be, not
Without some bearing upon it.
Mr.. G. proceeded TO observe, that one
great object OF every government was the
protection otthe rights Of Individuals and
how-ver diversified the forms of different
governments may nave been 1T different
times they have all, at all times concur
red at least in this one point; that one Of
the most etfectual means of protecting
rights is the punishment of wrongs, In
The execution OF This delicate power, so pc.
cuLariy interesting To the governed. DIFF
ierent governments have been variously
organised as to the manner of executing
IL. IN governments founded on force, the
power of Furnishing has generally been
lett solely 10 The will and pleasure of the
Exec tive. In governments founded on
consent, the notifications of this power
have been various; according to the de.
gree OF confidence or jealousy entertained
by the people towards their rulers. Mo.
dern Jurists haev extended their political;
specalations, very far in multiplying bal-
riers for the protection of innocence q
gainst possible or presumed expressions
on the part of the government; and it is
even now questionable whether they have
he. T.,
practically converted into shields for the
protection Of guilt an effect that never
could have been intended by the most
speculative philanthrophists. Indeed it
has been seen thai in nation celebrated
for its political intelligence. as we'll as for
its military powers, the visionary idea was
once conceived. ofplacing the protection OF
all rights upon the sole basis If the perfec-
libil'ty OF man; but if this political vision
was ever attempted 20 be reduced to prac
tice, It was soon abandoned; because il
was ound not suited 20 the meridian Of even
hat gallant nation, who had the credit Of
the invention. Hence ] conclude that the
power of Furnishing wrongs, is an essenti-
al ingredient in the formation Of all gov.
ernments & that it ought not 10 be so Ii
mited and restrained, as to- destroy its
practical energy. The constitution ofthe
Upi'ed States displays much OF this spirit
OF Jealousy against its administrators, and
The amendments to it still more, Of course
they imposed many limitations and re-.
Staints upon the government in the exc
cuiion of the power of Furnishing. This
may be accounted for by the circumstan
ces which preceded and gave rise to the
constitution, and its amendments. The
American revolution was produced by The
expressions oi distant government; and
81 the formation Of all the state constilutl-
ons which preceded that of the u. States
he whole Of which was founded upon the
fair consent ofthe people, this natural e..
feet was produced that in the formation
Of their own governments, the people
transferred great portion of the jealou
sizes they felt against the rulers Of dis
slant government to the rulers they we're
aboul to establish for their immediate 90
vernment at home. The constitution Of
The United States although formed some
time alter the revolution. vet exhibits a
great portion Of the spirit Of jealousy pro.
luced by it--and the amendments still
more, probably from the passions called
INTO action by the eloquent aRd animated
discussions against tho adoption Of the con.
1iimtipn itself. The formation and adop.
lion ofthe constitution Of the United States