The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-03-01

'''''' "''' J"' re PaIiiSH1ieHt ~ I'eHtoF. GaI
q other crimes ard Offences aga.n.i tie z. S
=, (CoNrINUED.)
- - - '' ''. 'f'r+' -..-
Mn: CILns then rose and delivered speech
substantially as follows
He said that Oh u subject of so mitch dclicac,',
difficulty :nrl Importance as tie oie r,..S Under
consideration, it WAS natural to expect that iHt.
committee who reported tho biz, would be called
upon to presentto the Senate the reasons, which,
had induced them Ia introduce The principle, upon
which thai bill WAS pre,iicated. That as he co,,-
sidered, each individual gentleman of ta, COM
nttee better qualified than himself 10 state. tLe.
general motives operating OH the committee, and
certainly to state his individual impressions
upon the subject Mr.. G.. would coifnc himself
to stating some of the leading motives Of his own
conduct in Introducing the principle reporteti-ia
the bill. -. -
Mr.. 'G begged tc>be intlulgcd with few pre-
iimnarJ observations which although not di-
rectly IN point upon the constitutional question,
presented for discussion, would ultimately be
found to be, not without some bea. ing upon it.
Mr. =. proceeded to observe, that one crest
object of every government was the protection OF
the rights OF individuals and however iiversf-
cd the forms OF different governments may have
been at different times, they have all at ali times
concurredat leas. in this point that one Of
the most eftcctual means OF pro;e citing rights is
the punishment CT wrongs. In the execution OF
tins delicate power, peculiarly interesting to tht.
governed, different governments have been va
riously organised as to the Sanner of executing
IT. In governments founded on force, the pow
er OF Furnishing has generally been left solely to
the will and pleasure of the Executive In 30.
vcrRments founded on consent, the modi6catioas
OF tins power have been various according 20
the degree of confidence or jealousy entertained
by the people towards their rulers Modern
lur1sts have extended their political speculations
"ery tar In multiplying barriers for the protection
N Innocence against possible or presumed OBJ
pressons on the part of the government and IL
is even now questionable whether they have not
extended tlfem so far AS practically to have cor
Verted them INTO shields for the protection of
guilt; an effect that never could have been in
tended by the most speculative pl,ilantlropists
indeed It has been seen, that in a nation cclebrat-
ed for its political intelligence, as we'll az for its
military prowess, the visionary idea was once cen.
ceived, OF pl"cing the protection of al, rights up
On the sole oasis OF the perfectabty of man.
but if this political vision was ever attempted to
DC reduced TO practice, it soon abandoned
because IT was found not suited 10 rho .ne,it'iup
OF even that gallant nation, who had the credit of
inc invention Hence I conclude that the rover
Oh furnishing wrongs, is essential ingrct,icrt
an tic formation Of all governments and that :.
ought not TO be SO limited and restrained, As to
destroy ITS practical energy. The constitution Of
,he United States displays much of this spirit of
jealousy againstts admins iators, and the amend
ments to itstill more, of course thev inposA mn
ny limitations and restraints upon the government
III the execution Of the power of punishinr 'rhis
may be accounted for by the circumstances which
preceded and gave rise to the constitution. and IT,.
.mcncmonts The American revolution was pro-
duced ny the expressions Of distant govern
mcnt ; and in the form ton of Ill the state CON
stitutions, which preceded that of the Untcd
States, the whole of which was'founied upon the.
TAR Consent OF the people, this fltur,l effect was
produced that IN the formation OF their own
governments, the people transferred q great por-
.tnn I.t H.. ala a.
OF distant government to the rulers theY v,cro
about to establish for their immediate po, crDnent
at home. The constitution Of the United Stare.
although formed some time after the revolution.
vet exhibits a great portion OF the spirit Of lea
)Lsy produced by it-and the amendments St;a
noic, probably from the passions called into mr.
ION by the eloquent and animated discussions ~
ssainst the adoption OF the constitution itself Tic
formation and adoption Of tho constitution of ,lt,
United States are deemed to be amongst the ,noct
"ofdcriui political events, ever presented to the
contemplation Of the human mind Copsdari, -,
ne, coteb 'rareo; IS passions excited by the c,o,
H'ctin5 systems OF policy observed by the diHrr-
ent states IN relation each other, the s1opr TO-,
iousIes existing in relation to real or suno1s,s
differences ofinterest amongst the different statcs
ana highiy excited by animated discussions ,,po,,
srcat natioha, objects just preceding the c,,i;,
the convention, the differences ofhabts manrnns
and Opinions amongst the people i'm difIercnt -.
~ TIE United StatesS &c. &c. &c If ;s ,.,,l -
tti, thai constitution fountf on spirit - ~,
tual concession should be formed go q.i.,:.alI,,
caculatcdt to combine anP protect IT, go, :
the whole and at the same time ,n ''"e,T;'i
aapIea 70 ue Pecu' character, genius and ten.
In addition 70 til csc and m. ts.o l:n. -.
Inc convention ere thout 4 r,",... a., ""
uon. tney MA 10 solve tie -, al "a, 80 -
Poh-'cP P''oicms, Of cX;.a ;;,y. Gu, % ,: VIZ
.'s '''t 6p' SrhiEchts, al ,,nwerIUf e.r;.l,I m
tnre and OF leaving wit, tacTt l, $500. - - ma
vi local lcaturc and these pn,.,.t.s
VI 'e'IIu', Wcr 70 be Sc Y-jdii.d and Ant
e""o 70 sun inc nigh sud jealous ,cinacr II lie
PeoP.c. Notwithstanding Az yhcy &.
evo,,',;, II VIII DC fond ipol the most critical
'",''.'' doi the instrumC ut that whilst Il co,,
80; ." ntlenL energy ooD'pl lely to effect the
Ut It's institution il att jrds 10 inucce,,ra
NV most complete prot, ton aga st the o,,,,rcs
IN oil g0ycrNincnt that ever .as been de,is.d
by any political Institution Tue.ii; CT tIns ,,r,.t
OBJECT 1T "as determined to distribute t,lts; DE-.
neral powers amongst three greet ,ep.;,ri,eIrs.
lofmYig the government Vi the Un.ttd sta3,q
Inc Legislative, Executive aud Judlti,e. De.
PArtmcns. Mr. .. ia tins adjustment ;atl l-,t,
n'dHc with sucn cOtsummate v's lon, and Iii
mat whenever it had berh mad, MS d,ty ,cv,
anime the arrangement, his reflections had ojyyavs
: resulted M neg and increased admiration Of -
tsAcellency OF rs prov ;sons Tho theor, Of three
flpsuhct dcpa tments III government is berl,ap.
iOt CfiiCaly correct and sltl.cugl. 4 q,