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

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monuments erected by our predecessors.
And fear the enactment of The present
bill will be accompanied with the over.
throw OF the most valuable safeguards o!
the constitution.
lie was willing to admit the great uncer-
tainty with which the doctrine of treason
was clouded. All our trials for that of
ience hat demonstrated the unsettled con.
d'tion of the law. But it was by no means
certain that this was a sufficient reason for
our congressional Interference. He felici-
'ated him self, and he congratulated the Sc
nate and his country, that arraignments
tor treason had hitherto been few and rare.
There had not been lime nor opportunities
enough 10 elaborate the ultimate decisions
oil the law. The human mind did not ac-
quire knowledge by intuition but by expe-
renee. he march of the understand ny
IN the investigation of truth was SLOW. In
cases OF Jurisprudence as well as in every
other intellectual research, the advances
towards truth were gradual. Case alter
case must be sludIously considered, iudg-
inent alter Judgment must be rendered and
revised, and consequence after consequence
traced to their examinations. In such a
course OF proceeding, it might happen. &C
cordlng to the amount of business which
occurred, that generation might follow re
nerauon, and age succeed 10 age, before
The suDtr1a ratio, the high result Of reason
on the subject, could be attained. Accord.
ing TO this method Of perf-cting Tie law
BY practice, many trials for treason would
be necessary TO make its exact meaning
known. And for his own part, he was vii.
ing To postpone for centuries This painful
mode OF deineaIing the endless number OF
shecies and Ta' ieties that Legislature could
in day arrange under the generic Term Of
treason.
But why was it necessary for Congress
To expound the constitutions? Were there
not department Of the government, 10
Which the Interpretation Of he statutes.
enacted bv the Two houses, treaties couclu
ded with foreign nations By the president
aud senate, aad the great national act of
the convention as ratified by the several
states was specially intrus,ed? He mean
he body oi'he Judiciary, consisting of men
selected from the class of citizens, for The
express purpose of declaring wha, law i.
IL seemed more orderly and regular 10
permit The Judges TO remove the existing
ohscurlty in ;he law, by the exercise oil
their professional talents, than I'd alter by
statute course ofinyesligaiion which con.
Iormed TO the true theory of the constitu.
lion. 1t is certain tina: inconvenienciss ofI
a serious kind exist; bul had we not better
Dear them than run he risk Of render.
ing them worse by aupering? 1t would
be lamenablc indeed if the remedy we are
about TO apply should prove worse than The
disease IL nigh; perhaps be a faul, in
him that he regarded the courts of Justice
With sort Of habitual reverence. He
owned that he might be mistaken in view.
ing the present INVASION of their province
with a sentiment TIA. alarmed his sol,c,.
Iude while It awakened his sensiblity.-
But so IT wasi he would not conceal his
preference 10 IA. tried and settled method
OF dednclng the ruIes aad maxims OF the
Jaw, through the constituted tribunals
MIR. mnchll said he would state another
consideration which was very impressive
on his mind. 1t was the power claimed
and exercised 10y The Judges 10 repeal o,
aulliy statutes By declaring them uncon.
siitutlonal. Suppose the bill on your IA
bic, Mr., President, should pass and il
should Afterwards be considered by the
judiciary as statue which the constitution
forbade congress TO enact. Would not il
be pronounced VOID, and all proceeding
under il be d., ontinued OF dismissed p
This then IS ;he dilemma TO which we arr
reduced; if congress proceeds in the man.
ner proposed by the b u to define treason,
and their ac's are binding upon the Judges
then succeeding congresses may multply
the species tf ;hose offences to any nun
bertbal may suit the purposes of an infu
rated majority, & the courts be compelled
carry hose acts into operation, howe
yer miscellaneous and ruinous or, if sta
tuies which in the opinion Of the Judges,
initiate against the spirit and letter OF the
constitution, are declared by them to be OF
no force or effect we certainly legislate TO
10 purpose. Asto the power of deciding
on the unconslluiouslity of statutes, the
courts had IL was we'll known, exercised il
in several instances. Many able states
men had been induced 10 believe this was
sound and legitimate employment oil
their functions. And as the powers grant.
ed by the constitution were a; present IN
derstood and exercised, he doubted whe
Their, even If this bill should npcp into
statute, 1t would bear the Test Of judlcial