Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-01-16
CONGRESS.
REroRr ON ruE sEprrIoN LAW.

REPORT ON TUE sEpIuIoN LAW.
We have rec Nd the oilos mg nacuwrrt from
wsshins'"n VIII hs following ardwe only ate hat
is from member VI the lfeDse 81 RtPr.Se,fd ipcS
MOI I'm tTeiMG-a 'nan, VII &c god opinion IS
""fth naviu.: .
az yyu had a vote upon the subject, should no;
| send you the enclosed But as 80 .e>eu.1 beg
cave to "a, tia, II James Barbour has re 5,s'n,
ushed mmef m any oibsr WAY, the enclosed report
from his pea would he the evidence in boundnyss
hs wPoipes .un'eitnt e'iitie iui 10 the respeo
| and couudtbte of his fellow ciUzens."
In rue eENArE- DAc 5, 800
| VI. Barboul, from the Comm ieeto whom was
! referred the petition Ut Ma hew Lon, sub
| United the fol Sng Report:
| The claim Of the pe,i ioncr to redcess rests
on the facts that he was convicted under
| law commonly C lied the scuition act, and sut-
e'ed in ms body by long aud iuatnsorne con-
| iineUlent in jail, AID in his e.tatc b The pay
'nen' ct large Fl 2. tie assets hat The law
under which he suffered uncoasli II onai
asd prrCee,is To mfr that wen n citizen his
b;en jurtd by an unconstitutional stretch Of
! pc er lac IL e"ttled to ind, NUT.
Although tins be the case of an iudiv dual,
It's correct decision Involves general principles,
50 highly lmpoI tant SIS 10 claim prJiUuiia cJ-
sidera'ion.
Uoter tbs solemn inrre sion, a m .jority Of
'ha committee, after the ,everest NV, siigatior,
have deoIled, That Che petitioner is ent.t!eG t
relief
SID" % present succ'ncty 10 toe Senate some
| ot The p ointment reasors which have produced
tas dater.n nation. The first question that
IN uTaiy eseptN itseif IN be iuv stlgation is,
| Was the law constitutional? The c0utntrea
have no hesitation in p o0ouGciag, Ia heir
opinion It VS. not. Ia, T., K il is rot Ieccs
sAry ct tins day 10 cut r Into IN elaborate dis
| QUESTION TO : STAN tx correctness G: this up
"iun. Tney wiz Gov en- themselves by eier-
] 1 , q Ia rf,f -,,l
law originated, when both its colistitut Quality
and eIpcaieny underwent the Stictest scra-
| tiny. lie oppone;ts Of tho .aw challenged
| III advocates Eo.n' ont the CLAUSE Of the con-
s.ituiion VIII CHI sad armed The Government
W "a SO formidable power as tre control of,
or ut ference " b, he press. II Soyernmen,,
sad they, OF IIIted powers, and authcrlzeI
| to execute such only, rs are expressly gi"an
! by the constitution, or such ~ are proDeriv
incident TO an express power, and necessary 81
its execution, has exercised an authority over
| most important subject which, so far from
having bee:i delegated, Ia, been expressly
withheld. That The Patriot contemporary with
the adoption Of the concentrations, not Content
wth the universally received opinion, that all
power not graCt.d hal been Witaheld, to obvi.
ate all dDubt on point of sucl uome;.t in
sisted tn t an ~, endmeUt To that IT CT h3ui1
be iHserted IL the cons titution; aH still jealous
n
rs mater what may De tie form 81 D s ur<8rt II
| 20 , or by whom administered, 10 enlarge 81.
| sphere OF It's auii rity, tl'cy, by express pro.
visions, Cu To!e from yiui.tOn tae at ,he
CT dina principles OF hbt "; ;nogg tee,
US mps' InP.'t'nt, t!ei plac i the iotrty tf
! conscience, and the press PrJf uudiy vcF
el in the MS tory Of human fir, whose every
p Sc made known that an governments lad
seized on the atar a. The p, c4s tn,i pTostiiu-
ted them INTO the most form t,:3e cngi1es
against the liberty o mankind, hey resolved,
and most wisely SO, as The sequel h s i.ced.
| to surround Ihese great, n,trs., and unaiena-
be rights 10y iTpsssablc barriers anl tD that
ED, have expressly declared that lrgress
shOdld have no power to legisla,e on them;
and, Notwithstanding tlese great Obstaci 6,
ypu have passed this sci. The advocates OF
the law vsin'y endeavo.ed to dc;e d them
selves b. techric&l di-crLm nation between
the liberty aud iicenuousues Of tie press
The American PEOPLE, b. Overwhelming ma
Ijcr.t es, approaching, indeed, uGaDiIn " d.
nOnnced The 'aw as pail abl. AID an "a H. Il
ing ,Utracton Of the cJnst tuto,: AID. a
though no Official record Of that dec sion cin
be pr oduced, il IS rs notorious rs chuge {
their pubic servants which took place az thut
time, Gud 70 which Ibis obnoxious measure o
essemii.ly contributed.
The committee canno' Withhold an expression
Of r~gre', that, upen the restoration Of sound
principle, the Congress of the Hes should
have omitted 20 leave some memorial on Their
records, Of uier disapprub4ton OF this II JUS
tia Die assumptioo oi power; ard nene would
have been more satisiactn.y tiisn an ample int
dcmnty TO those VIII hal sffcrrd by is opt-
ration. III the huC eating conflicts betws n
power and liberty widc! exist every where,
~ greater or lesser degree. vhe az = pOt'e y
Of liberty is 20 be found, { is believed ~ he
coamiftcc, O. be a INST solemn duty INFO CT
~ the defenders OF the latter, in c. err trtuupI
81 may acquire over the spcr0tc imcnis Ol tie
former, 20 make ceitain tYsy d ubdnl pont,
- which resort had been lad as pre-
I text for such encr achment "a tep.ir every
breach made in the CO tuuou and, Il praC.
Uca3lc, 10 surround hbrriy w,t new r,a,.
paris. That having been omitted ~ cur pre-
desccs of>, IN Tie instance at lac seditonac
I | tic task dcyolves on us. And although it Inns
been ljng deisyed, the regret arsing lHefe;r3m
! Is, in some degree, lsgscrd by tie ,eR cUa
lhlt the DECISION row TO BE pr,nou ced, W =
tie angry p9gsi3ae cf party hsye subs ded, wii.
> be dictsIed by an ezclus &c regard 10 the ia.
y tr.rsic merits OF Tho question, AID the Interests
ing Consideration 81 mvO've..
The committee are aware, that, in oppositiCg
this view ofthe subj tie decision ~ sont
' OF the judges OF ihe sap'tme court, Sustaining
}, tie cgnsUttitiunalty OF De iaw, hes been ifc
r Iqu;nly rf rred g., 90 '9@e IGN ~ 4lrt' ?.