Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-02-05

IwiHoe repealed. But this is putting an ex.
treme case, which may never happen.
ask you, should a power to annul the acts oil
congress be conceded to the courts, wha,
Us to be done if the judges, in violation Of
ths constitution, should declare the revc.
nue. laws not ''frohcr," and therefore void
and congress satisfied they were ripht.
should pass no other, and leave the Dispute
TO be settled between the Judges and the
nation A wrong opinion entertained tv
congress could soon be rectified by a CHI anpe
or that body; wrong opinion entertained
by the supreme federal court might remain
unchanged for half n century. An tnferai-
orof violation of the cons tuition by con-
gress and the President, is about thirty
times less probable than such violation
by the supreme federal court. In the one
case only three men are to violate their sa .
cred trust; in the other about ninety. And
as 10 cases where it is doubtful whether the
act OF congress is constitutional or not, the
court should presume that congress have
not exceeded their powers.
Having presented yon with an argument
against the power claimed by Judges, pro-
coed to shew that whether it be a consti-
tutionAl, or usurpcd power, tits proper the
Judges should be under che control oil TIE
nation. BY maintaining false legal doc
trines the Judges may prove exceedingly
dangerous They are not less so, when they
actas political preachers. Political preach
ing from the bench. alone, is reasonable
Cause Tor removal Of judge. We have
seen them laboring as the yea lous Apostles
ofprinciplcs deemed by a maioritY Of the
nation hostile to liberty.
The judges of the supreme federal cour,
iav down rules by which all the branches
oi the government are to be bound. tits of
ne utmost consequence that those rules
Shonid be the dictates of wisdom. The wis
dom on the whole nation is more TO be reli-
ed on than that Of three men in The supreme
conrt perhaps superanuatcd, and whose
patriotism an1 integrity may be suspected.
The nation will never be In Us tlctage. In
II there will always be greal numbers of
men ct srnDd understanding and uncorrup
ted principles In the supreme federal
court, perhaps not one The ration Will he
under no undue bias the JUDGES NAV be
adjusted BY factious desire to counteracc
HE other branches of lhe government
itls impossible IN considering this cues
;ion to avoid refiea;iny on some past cir
cumstanccs. We are b0ilnd 10 avail dur-
selves of the light of experience Govern
nent was Instituted for the purpose Of Sc
curing justice. Ours is imperfect fit does
nrtnusw It purpose. Whateverbc The
institution fit does notanswer the purpose
intended, 1t ought to be altered If ticsr
who have gone before US on thu political
theatre were mistaken, when they adopted
the constitution, in their expectation that
it would establish iustice, ensure dom s.
"tc tranquility, md preserve the blessings
/" OF liberty 10 Themselves and their poste
Gritty, tits our duty to rectify theircrror
We have the same richt TO amend Tie con-
s'ituton that they had TO 1nakeit; and we
have experience Of It's defects, which they
had not
The supreme court have so proceeded,
uniformly. rs to degrade every branch Of
the government bat their own. Som after
the establishment of that court tley deci-
ded that the state governments were
suahle before them, aud endeavored to
prove that there was really no difference
hetwcen the government Of sovereign
state, and ;'at Of corporate town The
consequence ut that usurpot on was an ex-
PLANTATION If the constitution by way Of a p
mendment. The ua ION has seen in what
way criminal prosecutions have been ma
Inaged, with a view TO prop thc authority of
one administration, or GO bring into contempt
tnat OF another.
1t IS better 10 prevent AN injury than to
punish u If you have servant that you
suspect means 20 poison you, must YOU keep
him until he efectsit /! The mutton should
rver belieVe 2 judge has ira itorous designs
would Il not be {" folly and madness" 10 keen
ain ~ oifice until he has AN opportunity to
destroy the nation? You employ a phys,ci-
ar, lawyer, an oYerSeer; vcu dismiss him
# you suspect tie is incapable, or unfaith-
iai. You do not call for proof If his crimi-
nal'ty' Has he right TO complain that
Won have Judged in your own cause. and not
given him a fair trial in court 1t is YOU
only who ought to Judge IN your own affairs.
IL you dismiss him without reasonable
cause, you ininre yourself.-So if the nation
ever should cast OF Il Judge without "A rca-
souabic cause, tho nation only would be in
iured. The ottce is net created for the
individual WHO fills IL, but for the nation
Iheir opinion o. truth and justice would d.
rect them how 10 act, and they ought TO be
~ liberty TO FOLLOW IT,
There is much less danger that Congress
should usurp power than that the federal
courts should Because 'hc court will con-
sist q a small number, and the power usnr-
ped IS 10 continue for lite. Congress will
be numerous body, the power Of any one
OF the number will DC small, and 20 DC ex-
ccutcd for a short time only. They will
have no interest, or ambitions motive, q
govern them They will consult only the
tcresi Of the people, in which their own
viii be comprised
A pow, 10 dismiss the judges is neces.