Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-03-01

-" "e'ShAI'N W SNPithu thSin lSBiSlaOVtty 10
the people should be thought to be an a.
farming invasion of their rights, if not cri-
minal in itself. But if the terms Lowing
war, &c. 1t is presumed that some gentie.
man in his place will tell US, what sneci..
he acts will constitute the offence: for his
part he had paid great attention 10 the
subject, and in the present state OF things,
he acknowledged himself perfectly incoui-
pelent TO IL. Nor would the difficulties
be lessened Sy recurrence to all the iu
dIcial opinions yet given up the subject.
These attempts had demonstrated not on.
ly the incorreciness oS the supposilion,
that these reasonable acis we're defined;
outthe indispensable necessity OF some le-
gisiatve definition for /; is believed Shat
no two jndges have yet delivered the same
opinions upon some pf the most essential
characters Of many of these acts, and III
Judges themselves should not be able to
comprehend, and precisely TO fix this con-
stitutional definition, how can i, be expect
ed that the people at large can do So He
had always been taught to believe, that
one essential characteristic OF free from
a despotic government consisted, in CAV
ing lniiinformation TO the citizen of every
penal act, and the punishment consequent
upon It's commission, andis there nothing
IN the constitution which recognizes this
principle, and almost makes 1t iHiunciive
upon the government? In The 9th arti.
Gle OF the amendments to the constitutions,
most OF which may be considered as bill
1f rights, ! find these words. " In all
criminal prosecutions the accused shall en-
Joy the right TO a speedy trial, &c, and he
informed of the nature and ccxsc Of fSe ac-
cHsahor," sc. For what purpose should
',e be informed OF the natl1re and cause Of
tic accusation if when he is informed of
such, he is unable 10 ascertain by exaInm.
ING The law, whether lac has been guilty OF
an offence or no, /! And is it not oil infinile-
~ more importance 10 the CITIZEN TO know
he nature and consequences Of any parti-
cular act he is about 10 c0:Tsnit, than 10 be
informed OF the nature and cause OF his &C
cusaion, when after he shall have beer
'hus informed, he IS unable TO asccr ssn by
any law, whether the nature and eaRse 81
she accusation against him be criminal or
not? Indeed without the knowledge Of the
crimnality OF the charge, knowledge oil
he charge itself would be OF very little adj
vantage TO him, Again, suppose citizen
should be indicted upon The Identical words
OF the constitution, of leVying war; with.
out the specification Of any particular overt
act amounting 70 that offence would such
definition be sufficient for conviction Ger,
tainiy not. More definition is therefore
required than can be found IN the cons,ilu-
ton.
The next question which presents itself
for consideration is, how can ibis To-. he
definition be obtained? What departmt mt
is most competent 10 itl What is the pro-
per department under the consiitu ION .
He said there can be no doubt bus the le.
gislatve is the only constitutional and com
petcnt department for that purpose
Mr.. e.. said, il would be recoliecled, thai
according TO the Interpretation puI upon the
CLAUSE oi the constitution first reed, il wa.
stalled that the power of declaring or as
ceuainIGg the acts which would amount to
the treason Of "ieyyiug war, &c." was con
lerred on The government generally and
not on any department exclusively Iflhis
position be correct, which sppea,e cd 70 him
TO be PLAIN matter of fact, he would rps
call The attention OF the senate to another
clause in the constitution, which he consi
dered directory as to heproper department
Tor exercising this power. The clause he
alluded TO was In he q section, orbe first
81 cle Cf The constitution. He would read
both clauses togelhsr,--Sd sec. Sd art
f" Treason against the.Uni,ed States shall
consist only ia ievy!ng war against them,
or ~ adhering othelr enemies giving them
aid and comiori"--8lh sec. lst art CON
gress shall have power "to make all laws
which shall be necessary aud proper for
sHrying into execution The foregoing pow.
crs, and all other powers vested by the Con-
situdOn in the government OF The United
States, or 10 any department or office there
Of" Now ASK the question, is the power
Of declaring or asser,aining what acts .
mount TO the treason Of leyying war a.
gaInst the United States, or Of adheung TO
their enemies, &c" vested by the coDgi-
tuition IN he government Of the United
States Answer.--it certainly is, VIVA
IS the proper department lor passing all
laws necessary and proper for carrying h
power into execution Tie constitutional
answer certainly IS, Congress.
ll this exposition be correct, and 1t ap
pcared TO HIN to be SELF evident, it IS no
longer a Constitutional question, bat it IS a