The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-12-13
Before I Heard these areuments. I had 6e-

or was only used oy the greatest tyrantS In
,he worst of times to justify their most dar
ing expressions. In establishing rules of
property and constituting It's laws. it becomes
absolutely necessary TO pay soine respect to
PRECEDENT. because it is better even that
u bad precedent should be followed, than
that the rule should be unknown or unsettled.
or in other words. that some rule should be
established than to have no rule at all ; or
TO have it subject to the within and caprice
of every Judge. Thus on the Bench and at
the Bar, precedent is Law. History TOO, in
forms US in what manner this principle has
been applied to politics. In governments
which have had no zvritsen constitution,
(such as England) but where some respect
was due to the people, it has been made the
instrument OF wicked princes, and profigate
ministers. That usurpa,ion which they dar
ed not defend on principle, they have JUST
ned by precedent, and so convenient is this
doctrine thai precedent, for the boldest
and most unprinciplcd encroachments on
the rights of the people. has never been
wanted. But the existence of the Fact alone.
gould have induced ME to believe, that any
measure of this Government depending on
constitutional grounds, was to be defended
by precedent. Independent of other OBJ
jeCtions, had supposed. that the govern
'ment was yet too young, TO erect precedent
into Law. Time gives to this doctrine a
WEIGHT ditu WHICH uSTc IL udS
not yet acquired. In the old establishments
OF Europe which have lasted for centuries,
man might with some shew of reason cite
the example OF his forefathers, and their
practice, time out of mind. But in a gov
ernment OF yesterday, where so many are
still living VINO laid its Foundation and &C
companied every step of its progress, it is
an vain to talk of what has been done as IA
Jus itiCa.ion OF what You are about to do.
Pm if the doctrine ha1 oil ha nv
of time, and if ages had passed over our re-
puriic, to give IL sanctity and authority, it
would still be inapplicable to a government
which had gvritten constitution, marking
oui the path of It's duty, and expressly limit
ing the range of its powers. la this case
every public functionary, sworn 90 support
the ms rnment which creates him, is Obliged
continually 10 reeur 10 .lfrs' PRINCIPLES. and
REGULATE his conduct, not by the chang.
ang AID uncertain light of precedent, but by
che words and spirit of the Constitution
in other cases he may sacrifice his own
opnIon to the judgment and example of
Others but here such sacrifice would be i'm
compatible with conscientious discharge
OF his most sacred duties. 1t would be trea
son and apostacy. The Constitution is con-
tinu ely before him-Its provisions are iegi-
Ole; it leaves nothing to doubt-nothing TO
eonjecture-nothing to precedent.
But again
doctrine which, to say the least of it,
IS questionable, is fairly triable by its con
sequeoces-aud what let me ask, would
De hs consequences in this government, of
ans Nering constitutional objection by APP
pealing TO the exposition of preceding LIE
gisiatures. Judges, or Presidents. To make
an obnoxious measure constitutional, it is
only necessary that the creators of the con-
stitutioa should adoptit. Toprostrate State
fiSh s. and legalize the oppression, the Gen
eral government have only to practise one
act o. nsurpation. To destroy the essential
characteristic Of that government as com
posed OF limited and enumerated powers.
onis establish precedent leveliing the bar
rier which the constitution has set up for
the protection of State Rights, and the work
is done Tne Interpretation Of the rule,
however absurd, afterwards becomes the Ii
mit not the rule itself and in this way the
1eatui's .ot cur great charter, may in a
te" yeas be totally def red, aud the skele
ton alone remain.
In moral science, if his rule We're adopt
ed. there would be al end to he DISTINCT
Ons between Virtue AID vice. To make an
action right it would only be necessary thar
1t should have once oeen committed 1t
would Ia lime, consecrate irseif The she'd
der Of his parent blood nigh, JUSTLY parri
cide--and one a.rocious crime legalze
neither.
But why dol appeal to genera! principles
IN refutation Of the doc rine, when we have
had practical illustration of its ,endencys
The Alien and Sedi.iop Laws, were enact
ed by Congress, approved by the President,
and enforced by the Judges. And yet if a.
ny man had opposed Mr. Madison's Justly
celebrated Report on this ground, no terms
of con empt or adherence would have been
spared, in his condemnation.
~ l nave dwelt the longer on this point. be-
cause perceive in some men disposition
to shelter themselves from the public indig-
nation which must follow their ahoStacy.
under the miserable and exploded doctrine
i have mentioned. and because I would not
nave he public confidence in Mr.. Madi-
sons resolution and constancy, impaired up.
on this ground. His countrymen, NAV, L
think fairly look to the day of his trial, if it
should arrive, with reasonable expectati
on ut adding another laurel to his brow.
de vii. dep nd on il, give new occasion for
emulation to his friends, and morliGcat-
on 10 his enemies He will still be found the
T. guardian as he has before been, the cham
man Of State Righfs--and his friends
VIII never blush for his Inconsistency. He
Will Tx the true Interpretation of that in
stru uent, whose foundations ne assisted to
Toy The father will not destroy the work
OF his own hands---and the Practice of the
President will only confirm the theory of
the Man.
Hut Sofar from chic beipc modification &c