Winchester gazette. [volume] (Winchester, Va.) 18??-1826, 1822-01-05
From tie Richmond Enquirer.
APPELLATE TRIBIJNAI;

hrE ella L Il TRIBUNAL.
Kentucky is seriously engaged in devising
soG'e mescs of settling the differences be.
tween the U. States and the States TIL.
plan OF an appellate tribunal is proposed, as
the reader will see from our preceding ex.
tracts; that tribunal, to be the Senate of the
U. >. Tnis is substantially the scheme.
which Mr. johnson has submitted TO the Sc.
nate; and which is made the order of the day
tor ZONE day 10 JsnnaIy.-The plan, SO far
as we may Judge from the public prints, has
| but few advocates. Some dislike il. because
they do not like the idea of an umuire al all.
they consider it eilher unne cessary or de tri.
rs"ntal; and some, because they do not liz
the selection Of the tribunal itself. The last
politicians seem 10 US 10 have far more rea-
son on their side. than the former.
I, 1t any means can be devised to fix the in
terPIatation OF the constitution on correct
principles, TO stay the differences of opinion
and the agitation of feeling. which it is too an,
TO engender, who csn nationally object to lip
The federal government hs. usurprd power.
which do not fairy belong to il. Il ha, e..
iab'i,hed a national bank; It Is eraspipg a, a
control over roads aud canals. lis conrt,
have virtually decided that any means which
sfe Convenient TO the attainment of q certain
end, may be Tesoriedto. It's courts have ey.
erclsed (by law tool a control over the stots
courts; a"d have gone so far O.. 10 drag the
states to their bar, in cases not recogniz ed nv
the constitution /, It not desifabis that
these sncroachmentr should be quietly arrest.
ed? And ifsn impartial tribunal is calculated
to answer this object, Why should We object 10
IL?
This then is ore question: another IL, il
the tribunal proposed suitable ont? IL has
ore desirab. qualify, 10 be sure: il consists
OF the representatives of The states; where all
OF them without regard 10 territory or eopu.
'atIon, stand alike TO pEotect their sovereign
" AID to interpret the constitution The
states made il; and it would seem, that the
siate' ought 10 conotrue it.-But thi, ore
quality apart, what other recommendation
does 1t possessP-iD the first place, il ia a de
Psrtment Of one of the parties coocerned.-
The federal esprit 6s corps exists 10 grea,
v'g"r IN that body. Its members have Other
functions to discharge; and they are generai-
" selected more from their character of 20.
litlcianr, than Of judges Of the constitution -
they are legislators; and il seems contrary
10 ell sound principles, to invest Them both
with judicial and legislative power,.-T'hry
are indeed COURT to try the Judges bS i'm.
parchment; but for thai very reason. .hsv
o"ght not first TO condemn tie acts Of the
ridges as contrary tn the constitution, and
then perhaps Try the judges themselves Tor
gross breaches OF the contribution.
A Tribunal, that j, to be Of any use, ought
indeed 10 be impartial. II ousht-,o be made pu
OF the repre- sentarives of stste,; i, ought 10 he
made up OF men, who are not Ulcers of either
government; in whom the esprit de corps
plays not at all, or as feebly a, possible. The
detail ct tteir organization We leave TO wi.er
heads than Our own--but the Senate of the
Y. 5 will never answer.
40 account is given in the Charleston
Courier Of Dec. goth, Of a case Of atrocious
piracy on en- American vessel, the schr. Emf
ly, Capt Robbins, committed on tie 18th
instant. the dsy Of her sailing from M,ntau.
za'. They boisled the captain twice up by
the neck to exioTt from him information Of
specie supposed TO be on board of his vessel
and the second time they allowed him to
hang un'il life was nearly extinct. eve sin.
cerely hope" says tbr Courier, and most
cordially We participate in the hope, "that
the Uni'ed States brig Enterprise. Lieut..
Kearney, which left Charleston on the 9Th
instant fer the scene Of those atrocities, NAV
overhaul the freebooters, and afford them n
opportunity Of partskiDg in ;he amusement Of