Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-01-16

commute entertain = higa respect hr
Tia parity and l.teih,eace OF the judiciary.
hNt Il IS rational respect. limited by know
ledge of The fralty of human na urc end the
theory of the calsti uti9n, which declares not
only that judges inay err in option. but also
may commit c.imes, and hence has provided
tribunal Tor the triai OF Offenders.
IN times of via. ent party excitement, agitat-
re whole nation, !" expect that judges VIII
DE enureiy exempt from IS inf cnce, argues
profound igmcraDce Of mankind. Although,
cl,thed with the crInlne, they are still meh,
and carry into the Judgment sea; the passions
end motives common ID their kind. Their
decisions, on party questions, reflect their in
avlduaI feeling, winch fequeatly belray
them unccosciously i.to error. TO sa!ance
the Judgment OF whole people, by tina, OF
two or three men, no matter what NAV be
sheir Official elevation, is % exalt the creature
ut the constitution above its Creator and 10
assa the fouudttoh OF our political fabric,
which is, that the decision of ,hepeople is in
i,ihoIe' IRON which there is no appeal, but to
lleiven
Taking il, therefore, as granted. that the
law WAS unconstitutional. We sre led 20 the
next Question, growing out of the inquiry,
Is the .petitiou>r entitled to relei This
qisst"n. rs general one, is not susceptible
ot that precise answer, which might estlb.
.!Sh uniform rule. applying equally t. all
l'leSb anu 10 NIL OCCASIONS. On the contrary,
II must be decided by the p cullar circun
stances OF every case u which It's application
- attempted
The C nm nittee, f,r instance, would them
selves decide, that relief was iInpract,cable,
where. from long course of tyranny, attend
ed with rapaci y IA and wide, SOCIETY had
become so impoverished that the attempt to
Fsiisve might blight every pr sspe,t of future
prosperity Nor could they advocate relief
he Nl..,r,a
eafi0nd! doub; as To ITS CONSTITUTE Inality upon
powers no, expressly Inhibited, nor in Cases
Perhaps where the amount of the Injuries
complained of coul' not b, asccrta;ned with
& reasonable precision. None of ,e,e diff
eiites, however, present thems Ives in tins
case The law under whish the petitioner
suffered, as has been previously asserted ant
attempted TO be shown, was pslpa5ly IL con-
s'iui'nal, IS being dir. CITY in oppo> ition 10
on express clause a. the constitstlon TIN.
amount OF The injurv sustained, IN so FIR rs
te'ates Ia toe tine Paid by the petitioner is fixed
&no Certain, aud 'iie sun equal y n reirnDurse
nent Is ms gnihcant to the nation. In this
case, therefore, the committee think the 90
vernment is under moral obligation 10 in
aefnnify the peatiHner. IN Indemnity as
consistent with policy as with Justice incul-
Gang an instructive lesson 10 he onpres scr
Ard to the oppressed Success Sul usurpsti N
yi3ldS indeed o but few check, among. The
ie" is the justice Of pcsterity, WHO ike y
uzanoe equ.liy of the c imcs OF the usu-psr
and OF the svGer.ngs AID the virtue of his
vIctn; coademniug She turmRc, AMI ddminister-
re 'ehef To the la ter. And what is mrrs
eShSo'itory 10 the suffering patriot, VIVA,
better calculated 30 inspire consistency and
courage, th2n a COW cton, toyniei on fact
mat his wrongs, IN he restoration Of sound
IF'hc pie, r,li attract the regard Of the sue
ce'stui a>scrturs Cf !, ccdorp, ard who VIII
cheerinl!y Indemnity bum tor he irjur,e, he
n > Sustained Such examples a-e lot wan
iHS IN governments less beneficrnt TRAN ours
-that ct England is r2pIe.e WITH instances of
taS KIND. Acts OF Parliament. passed in
times OF heat and excitement, are freq ,ently
reversed, and The ind viduals on whom ,hey
had operated are restored 10 the rights OF
which they hid been deprived. SucCsedirr
fariamentS do mo- hesitate 20 indemnify he
Tict.ms OF oppression, because they had s, iIer.
under the fJrm Of Law. Acls of their L.
SlSia'urc, whose power is ON ipotent ON
10 obstacle with l',.se e. VIII m Their iniu,
tIce ls made manifest, in gr.ntng relief An
American Congress will { uff-r iselfto be
e&ceeded by any government III acts of JUS
tee or benefcence.
lhe committee have only further tn remark.
That the executive igterposed ts authority i'm
various cases, and gran ed full pardon to
those convicted under the act in question, bv
WhL-h their hes we're either RENTED or re
stored: relief, therefore, to the petitioner.
you'd he on!y common measure OF Justice
According 10 the Information receiy d from
the department of .taie, no money has ever
been par'l into tns Treasury By the officers
who received he fines imposed under ube
eeh non &C. It's submitted to the discretion
o. the S.rate whether prors;o, shaII be
made by law to indemnity The petit lone. b,
iii Getting the amount of his fine tn be maid out
OF the Treasury, or TO reclaim it from the
delinquent officer, or officers; ad in the
latter event, TO be at liberty to use the name
"s the U"tcd ates in any prosecution t.
which resort may be had, with a view TO that
end.
lnasmuch, however, as the relief proposed
10 be gwen in this case is on general princi-
pies, the committee are of OPINION it slruId
be Afforded also to every sufferer under the
law.
They therefore beg leave to subn1s-the fol
lowing revolutions:
Resolved, That SO much Of the act entitled
an act tor the punishment Of certain crimes a.
Ealnst the U. States, approved the 18th # July,
A|95, as pr"tends To prescribe and punish IL
bells, is unco Stitu;ionai
te,olved, THAI the fines collected under
that act ought % b. restored 70 those from
whom they we're eyac,ed and that TN Sc reso-
lu'lpns n recommit ed to t e committee who
brought them IN, with instructions to report
bill to tist effect.
WEDNESDAY. JANUARY 10.
AIr. Horsry presented tie petition of
ibr Prrsid.0i aus Directors of the Bank