Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-01-03

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arise, und.r The appellation of the Pope
impiously declaring himself 10 be Gods
viccgerent, asserting the powers TO alb
solve sinners from their past sins, and
even to grant indulgcncies 10 commit them
anew and uot content with this spiritual
despOtism, 10 assert Il supremacy over all
| earthly potcntates, 10 set up aud 10 pull
down kings, TO dispose Of Kingdoms, and
In short, TO claim absolute dominion ever
all the earili--wIiIst their voiarrs ex-
emptlng them from the common iallibili-
ties otman, the inlalIibiliiy of the Pope
became u devotional point of faith
Amidst this intoxioation of power, and
blind devotion of faith, the Popcs were
INDUCING IN every species of wickedness,
of CRIME, of state intrigue of profliga-
cy, OF debauchery and Sensua!i,y until.
mysterious Providence "A portion OF
mankind shocked with such PROCLAMATION.
under The guidance of Luther, of Zuin-
glius, Of HISS, of Calvin, and of others.
broke asunder their mental letters. and
laid the foundation of the pure and holy
religion we now enjoy; whilst ii still
greater portion of mankind adheres 10
the faith OF The original catholic church,
with all lis monstrous prciensions.
Nor will The love of power be found less
operative III the breasts OF Judges; al
though from the peculiar nature of their
du'ieS, II would seem, that of all men they
were the most distracted from template
ons 10 assume political powers; and most
deprived Of the means of usurplng them.
Yet IL will he recollected, that the Parla-
ment OF Paris, although mere judicial
tribunal, created 10 decide questions OF
meum and tuum, and to register their
sovereign edicis; under the preiexi off be-
ing authorised to determine whether the
edlct was fit 10 be registered or not, it
refused the registry, and during the reign
of Louis the thirteenth, and The minority
OF Louis the fourteenth, actually engag-
ed III civil war TO secure this usurped
point OF political power; and under the
appeliation of the Fronde, fought several
battles againstih the supporters of the rights
OF the crown i'll the city of Paris, the
great metropolis of the Kingdom.
Nor can the judges OF other times be
entirely exempted from The same influ-
ehce. In the American gov ernmenls, no;-
outstanding the principle of the scpara-
ton OF departments, and the various
checks upon the usurpationS of each il
Is seen that the Judges assert the right to
pronounce law enacted by the constitu-
tIonal department, to he unconstitutional
and consequently void; and so common
and familiar has become Ihe practice uii-
der tins principle, that ii is now received
as much regular formula, as the issuing
rescripis by the Pope, for granting abso-
iutlonS and indulgencies; and when its
practical effects are considered, ii will be
found to be bottomed upon about as good
Il foundation. Some of these are begin
10 ha Low for hoe no lnt.
ly seen that whilst law of the u. States,
has been adjudged by the court of APP
peals iii Virginia, to be unsound, ncon-
stltutlonal law, and also by theSingie Judge
Bland, III Maryland; the same law has
been deemed good sound constitutional
law by the single Judge Cheves, in South
CarOllna and this law too, affecting the
rights OF persons. Hence whilst citizen
IS punished in South Carolina by a single
Judge ChevCs, according to law; a citizen
has been exempted from punishment i'll
Maryland by a single Judge Bland, accord
ing tono law. This same doctrine too, has
been sanctioned in its broadcast intlu-
ence by the supreme court of the Uni
ted States, and so far has this court ex-
tended It's notions of its own suprema-
cy, that after solemn argument ON one
side, II asserted its power of supremacy
over tue President of the United States,
and actually issued citation TO the Pre-
sident To appear before that supreme tri
bunal, 10 shew cause, why mandamus
should not issue, to compel him TO exc
cute some official duty in their way, in
stead OF his own-Nor was that court de
tered from this enterprise, as far as il
was carried, from the recollection, that
according 10 the theory, as well as the
practice of the constitution, tue Presi-
dent possessed the power 10 deprive the
Judicial agent, of all lis ministerial ter
rors, by stripping him of his Office as
he approached to execute its terrific tiu-
tIes.-Ihese strong examples are selected
10 demonstrate beyond the possibility of
doubt that in all cases in which power
is committed 10 human agency, its despo-
sitaries will not only extend the terms of
deposit 10 their utmost legitimate limits,
but human sagacity will be exerted, TO
invent new Specifications, for the pur-
pose of Overlapping all limits. Hence the
necessity of using definite terms in all
transfers of power; and i'll the present
case, fixing precise definition aud limi-
tation 10 the term public instruction.. +"
The term instruction" which is the truly
operative one, OF rather, the plural mum
bCi vi lHdl noun INSTRUCTIONS Has Oh
late years become memorable in the u
| nited States, both on account of its un-
certainty and comprehensiveness and
The General Assembly itself, has been in
no small degree Instrumental, in giving il
tbs celebrity. A few years since, the
General Assembly asserted its sovereign
power 10 give 3" instructions" TO the Sena-
tors Of the State in the Congress of the
UNIFIED AfAfpC and cnlan,rl, Ao..i..r.,I
thai, ex vi termiui, such Instructions
were despotic and mandatory--The Sc
majors doubted the despolic character OF
such instructions, and refused 10 ac-
knowledge their obligation OH that ground
Hence a difference Of opinion, demon.
stratiDg the indefinite character of tie
firm 81 l1.1. Il.aL d.. IL.