The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-01-14

VI ~ 10 AK pity iuNuCS i nthE
at this moment for occupying a place OH this
floor. Without that consideration l shunid
now be in retirement. Bnt when ! turn nv
eyes upon internal divisions, ~discontents. and
violations OF law, and am compelled to think
or measures tor their suppression, it produces
the most painful sensations, and distressing
reflections.
The gentleman from Connecticut (Mr.
Goodricii) has been pleased to remind me Of
5iy oPisss:j;s:; ~ ff;;iiii1r diui;i;s; :; i;..s ..::.!!
he has thought prejerto assignm e a higher
place in the ranks Of the opposition than Ie-
yer aseiredto. lfthe gentleman will review
the proceedings OF former days, he will pro-
badly tnd that my opposition, was directed
more to the AFFECTS, contemplated by Former
administration chan to the means of effecting
objects generally approved.
lMr. Goodrich rose 20 explain. He said
lie did not mean TO refer to the gent,eman's
opposition to til G administrations general
iy, but to the transfer Of legislative pow ers
To .sIc executive par siculariy.]
understood the S~cu-,enah Inherently, but
stand corrected by his explanation, and will
wave the intended reply. am now, howe
YER, unwilling to look into rctrospeeti0n it
could only produce al unpleasant and uA-
profitable examination-it is now, as it has
been from the beginning of the session, my
unceasiug effort to take d prospective view
Of measures-I weuld rather fellow the eX-
ample of a celebrated Roman conqueror.-
1t was his maxim always to forget the last
defeat, and to turn his whole thoughts upon
the best means Of obtaining victory in the
next battle. Stimulated then, sir, solely by
a soiicitude to discover what the public in
forests ~prospectivoly require, | will proceed
with the most respectful attention to the gem
t'er'en in opposition, to xamlne the ob-
~iections urged against this bill, both general
ly and particularly.
The great principle of objection, the gen.
It!eUcn tel us, CONSISTS in the transfer of le-
gi~slative powers to The executive department
This is AN old and abstract question, often
heretofore brought into view, and leads to
endless discussion. Ithink [ shall be able to
she ", thai: the bill Introduces no new prin-
clpie in this respect, but only applies an
established principle. to new practical oh
ELECTS. The Scnoral principle Of tn sepa-
rat,0n or departments is readily admitted
nahe abstract /; and the difficulties IN this
4 .sc"s>iom ar:ss t:o:n applying the %princi-
pie 20 practical objects. The great diff
Guilty exists IN the attempt to ixcn the pre-
Csc boundary line between Legislative and
executive powers in their practical opera
ton. Ih!s IS not possible. You might at
tempt the search for the philosophers stone,
OF the discovery OF perpetual motion, with
as much prospect of Success. lac reason
OF this difficulty is, that the practical OBJ
Jects and events, to which this abstract
principle IS attempted to be applied, are
T@rIetnaiiy varying according TO the prac-
tloai PrcBressiC:, ~ human affairs, and there
fore Cannot admit II any uniform STANDARD
OF application. This reflection might have
saved the gentleman from Massachusetts
-. y 1 lnNll TIM -nhEt ~ ,aol,.er 80 nc tt,a
constitute on or bill of lights of Massachu-
sets. ir which the p,irc.ple of The s>para-i-
on OF departments, is very clearly & proper
Iy laid Gown, and which will be very rea-
oily assented 20 in the abstract /; but which
forms no parr OF the question III dispute
1t Cam t, however, escape observation that
thls principle is n0 laid down even in the alb
stract in he constitution OF the ". States :;
sad although IT is the leading principle of
tie constitution Snd probably was che priIt-
c!pai guice iii IT'S .ormaiion, it is ncverthe-
'ess in several respects departed from
his bod} itse.f partakes essential, both
OF the legislative and executive powers Of
the government. The executive q, partment
also partakeS of the legislative powers. as
far .. least as All appreciation Of, and a
quaIhed negative upon the laws ez;-nd,
&c. &c. &c. ] make these obsel va1ions,
W. ~ NiNhEANlO " LAX ECICi di
principle OF tne separation Of powers amongst
the several departments, as far as is pracI
oah,c, bur merely to shew that there must
necessarily be some limitations IN its prac
ucal operation. Perhaps the best general
rue Tor guiding our discretion upon ms
subject, wi. DC found 20 Consist in yhls -
hat legislation OUGHT to extend rs far as
dehniuan Is practicable wnea definition
stops, execution must Hecessarily Uygin. Bat
some ot the particular provisions Of this biz,
WIZ iurn'sh y re prec 81 Illustrations OF M
opinions upon ilns Question; 1t wilpherefcre
be waved, until | shall Come to their coDsi-
deration:
] viii row proceed to examine the more
parIcoi II objections urged asainst The detail
or ms bui. Us provisions respecting tnc
coast ns trade, are SAID to be Objectionable
IN the following respects
First objection-Tne penalty of the bonds
req''rcd, Is said 10 BE- excessive. 10 en-
abe as to decide correctly upon this point,
the object proposed 10 be effected, and the
penalty required, should be considered i'm
icic'ence to each other. The object is to
pre'ent by means ofcoSstirg vessels, domes
nc articles from being carried abroad.-
+ lour, tor Instance, To the West indies
] ne price OF that article lere. is less than
dollars; in the Nest indies, is said 10
De tai'ry and upwards. The penalty Of The
bonds required, rs SIX ines the ainolnt Of
The falde OF the vessel aid.cargo. Is any
gentleman prepared 70 say, a ~ tler penal
~ VII ctfCct the objccti / pftsih1e not
.uFpC1 Flag rn,,p,,et. -.s