Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-01-29

he was To DC thrown into AN hole like dos |
at the cross roads, without coffin ar shrowd. |
Ia the execration of al! passengers, and unui- ,
terable disgrace of his family and friends. |
would be equally inclined To the commission
OF thnse crimes, as The man who believed his
character would be eul"gized tor his contempt
OF death. and disregard of the legends and
fearful antripaiions at the world oconie. and
that his name WAS tn he cnbalmed and en-
rolled amongst the honorable dead, aud that
those honors would descend upon his posteri
lty? Credat Judus Applla non ego-iet A
pcla the jew believei,, | never shall. But To
press this opinion little further, that the liv
ng may profit by the disgrace of the dead.
have somewhere read, and believe it TO be
history, founded ON fact, that when suicide
had become alarm,ngly prevalent among
the Roman natrons, in imitation probably of
the chasi. I.ucretia, who disdainrd Ia survive
the insult offered her 10y the prodigate brutal
Tarquin, that it was fashionable among the
Roman ladies', even ou slight occasions to
stain their fair hands in then own blood {; tn
arrest this evil which threatened the existence
ufihe state, IL became necessary IN decree
that whenever lady died by her own hand,
she should be- exposed in her native beauty,
Ia be sure but in entire unt.ress, Ia public
view in the streets for three DAYS successive
| ~. This decided measure had the most de
c'ded effect, and the harbarous practice imme-
diaiely yielded To Roman virtue, tn Roman
delicacy high compliment ~ both.
Mr.. Speaker, l have looked into the CON
stitu,ion, laws and usag-s of this common
wealth in vain, for any thing to support this
application. The paTdonIsg power, and it
may be necessary such power should rest
somewhere, is vested in the Executive with
advice ofthe Council, in all cases where the
pro 'ecuton has not been carried on by
der of the III. nf Delegates, (meanng doubt
less cases of impeachmrnis) or the law shall
otherwise particularly direct. II appears that
in one case, In wit: that oftreason against the
commonwealth. the law has specially directed
that the Executive shall no otherwise Interfere,
than by the advice of Council! To suspend
| execution until the meeting of the Legisla-
ture, who shall Judge whether the applicant
he proper subject of mercy or not nor can
it have escaped the most superficial ohserva-
ton, that the words reprievc ar pardon, eX vi
termini, presnpposed trial, conviction, or sen
tence of condemnation. Now, in this happy
country, every man is supposed TO be inno-
cent, until the contrary appears, ard guilt can
only h- mad. 10 appear Ivy confronting the
accused by his accusrTs, Il trial by his peers.
and the sentence ofthe law. 1t appears then
tn folIow, that this case comes not within Ell
Their Oi the exceptions; IL comes not within
the power ofthe House Of Delegates as there
has been no prosecution hy order of that
House, neither is it a case of treason against
the commonwealth where the law has speci-
ally directed, and given exclusively the right
of pardonng 10 that House: it comes not
within the power of the Executive with the
advice of Council, because no previous accu-
saton, much less trial. conviction, or sentence
of condemnation, had been had, or pronounc-
ed, on which a pardon or reprieve could ope-
rate.
! Ii seems To me, sir, another clause of the
| constitution has put this question TO rest,
| which declares that the legislative executive,
and judicial departments shall be separate aud
distinct, 81 that neither exercise the power
! properly belonging To the other neither shall
any person exercise more than the powers of
one of them at the same time. presume an
actual appointment To more than one of those
depart will not be thought necessary tn
the infractiou of this provision. but that any
improper intrrmedding of any of the de-
partmrnis with The powers properly belong
ing to either of the other departments, will be
so considered. II is then the province fthe
Legislature Ia enact laws, of the Judiciary to
examine into the cOnstitutionalify of laws thus
enacted, with the nature and extent of all in
fractions ar violations complained Of, and to
pronounce the sentence Of the law thereon !;
and to the Executive properly belongs the
ed, in the exercise of sound discretion to
pardon or remit the punishment due on such
conviction or sentence.
Ifthis is true, and have not been able to
discover the fallacy of those remarks. we
stand indeed on "A fearful precipice one step
more and we plunge into an abyss, not know
ing where we shall stop. Pass this law, as
sumo the right of scaling graduating the
nature or extent of the offence, and you in
trench on the privileges, and exercise the pow
rrs property belonging to the Judiciary. As
sumo the right of pardoning the offence, and
RENTING The penalties, and you exercise the
powers properly belonging to both judiciary
and executive pass this bill and the judiciary,
executive and Legislative departments are no
longer separate and distinct the two former
are absolutely merged in and consolidated
with the latter, as may this earth, and yoDder
moon by the laws Of gravitatioD and aitrac-
ton, he precipita;ed upon the fOimidable vi
sitant, 1.-THE Comet now on cur borders cOnso-
Iidotrd with il, and carried INTO unreasonable
trackless space leaving blank in this part oil
our system.
Ought we not tbrn 10 pause before we pass
the Kubicon, from which there is no retreat
Ought we, so often sworn to support the con
stitu'ion, the palladium Of our liberties, for
any possible advantage, run even the risk III
violating with our own hands any Of its pro-
visions Oh "dOn't give up the ship, y
which has braved the dangers md surmount-
cd the difficulties, the quicksands and breakers
: of two wars, and landed US safe in port, where
we enjoy liberty and security ut home
admiration and respect abroad. No, sir. Let
: others do as they may, there is one man here
= determined that rs long as he can seize spar
q a plank or s',nring, Of that sacred fabric, he