The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-05-31

ing OF this Clause, therefore, l understand
10 be to prevent the emission of bills the
payment OF which is TO be made 10y the state.
themselves similar TO the old continental
paper money for that was evidently in the
: contemplation of the tr lmers OF the coasti-
luton, when they very wisely denied the
power OF issuing such bills to he 5 ates.
he gentleman from Georgia. mex read
the LIST section of the third article of the
constitution I should not take up the time
oil the Senate in noticing il, but that the
construction which then put upon it dill.
ferS from that which he gave as an univer-
sal ADMISSION. The gentleman supposed
there had been some departure from the
constitution under the following clause:--
"khe judicial power OF the u. States shall
be vested IN one Supreme court aud in
such inferior courts as the Congress may
from time TO time ordain and estabi,sb."--
nc gentleman observes, that at the time
OF the repeal OF the judiciary act, it was
generally admitted by the advocates of the
repeal, that the supreme court was not an
gloic mat was not The opinion l then ex
pressed; and the opinion then expressed
mas since thattiTe been strengthened and
conhrmed by further reflection. / do no,
know how the genteman's argument can
apply To the case under consderat ion, un-
less tie meant to show that the decision in
that respect made by Congress was uncon-
sututlonal My opinion is, that it W as con
st tutional, and that Congress might con
itut'onally modify and change the supreme
Court IN the most essential poin.--So permit
me mere To protest against The usual mode
OF Constituting the cons tuition by analogy
l"stead OF examining he expressionS ofthe
Constitution itself to ascertain its meaning
we are often refer ed to certain principles
borrowed from British jurisis Thus we
are often referred to the fundamental
principle ot the separation of department S,
&c &c. the independence OF Judges, BIC
although neither of these terms are to be
found IN The constitution and the princi-
pies, although correct III themselves as gene
"a principles, are subject Ill practice 10
material qualifications and Limitations and
this is par >Icuiarly The case in the. consti u
ton. 1t appears o me as easy to lain
the true meaning OF The words used in the
constitution, as the meaning these or any
other terms; and The error in This mode
OF ieasonn generally arises from tAe mis
application OF the terms TO the subject IN
4ue stun Cr in other words, when reason
ing from analogy, in recoiiecting he re :.
seTbIaHces and overlooking Inc differences
III cases supposed to be analogous. To as
CERTAIN the true meaning CT tue constitution
therefore, | have always had reference In
its own words; and discarded all reasnn-
fng from It's analogy to any thing else. By
referring to the clause respecting The jadi-
cial department just read, and t.k,ngi i'm
connection with the clause, which declares
that Congress shall have power to pass all
laws which shall be necessary aud proper
TOR carrying INTO execution all the powers,
c<C. &C. p" Ue6feH IN any deharGment &c
II VIII appear obvious that Congress might
according to the express words OF the con.
situation, establish the Judicial department,
as IL has done and from time'.o time, al
ter OF modify it at its discretion &c and
II Congress thought Eroper TO increase or
lessen the number Z judges OF the supreme
court, or To increase or lessen the duties TO
be PERFORMED by them. would ask, where
IS the Constitution al prohibition Sc none
--ConSress can des gn..e lie duties OF he
court aud the compensation OF me jndees
lhey may lake away the dues anu OF
course also the compenSatnII--and why Fl
Because we hud The service ana co,Gpensr-
ton inseparabIy connected, and the one
made the consideration of the her Con-
gress has light to designate the servic, g
%hich che Judges shaii trTf0ri,r. And by
what authority will they retain compensa
ticn after The service 20 De performed are
taken away! il IS moi the name Of office
nor god behavior IN II, for wnlCh compen-
sation is consttu,i0nally given. bat for ser
vice rerGafed he reason Of his aiticle
in relation 10 the supreme court, is very
obvious. Il was 60 obtain al uniformity OF
decision !; and If Cong css establish one su
preme court they perfectly satisfy all The
injunctive Fart OF the constitution But, I
d. not know how the gentleman's reference
TO this clause could affect the constitutional
question ~ the present case,
i have THIS far endeavored TO expIain
and reconcile to The constitution those laws
passed by Congress, which the gentleman
has considered contrary to the COnstituti
onI
will now proceed to some other argu-
ments of the gentleman. He observed thar
the bank law had been inleXiStence Tor 20
years, during Which time there had been
an acquiescence in the law ! concur in
that opinion. | do consider that all the in
stances presented by The gentleman, to Wit:
authorising he bank to lend money the
extension of its right OF est abishing branch
eS 20 New-Oreans in 1904 ; and also the
act 70 punish cOunterieiihg bank papri, in
1907, ought to be considered as acts OF &C
qniescence by the government in the const-
tutionahty of that law.
have given the most respectful atten ion
TO the arguments used by the opposers of
the bill u account for this acqulescence,
and to obsiate the reasoning drawn from II
by its friends I; and wnie give the gem
tlemen 10 opppsi non great credit for The IN
genuiIy Of the argumen', cannot concur