Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-12-11

be constitutionally, virtually and morally wrong
The policy or disposition OF tho court under the
law, has been wofuly uncertain, and tho iury un-
der some prosecutions, seem to BIO the mere tool
only to effect the part of the hangman. Such u
state of things Gun have no legitimate birth nor is
proper or necessary for any useful regulations Of
society. This law gives Legislative prerogative to
the court of very Objectionable and serious extent
First, in controlling the by their power
undo. it to refuse licenses, which can only be con.
! additionally provided for by the Legislature Soc
Constitution, Art. I'd, viz:-"The Leyislytive and
Judiciary Departments shall be separate and dis.
tinct, SO that neither exercises powers properly
belonging 10 the other" 2dly The mos, serous
aud alarming objection arises to the law fron, tho
governmental power invested by il upon the court
over persons nui things, thereby chang the cha.
racter OF this Government, established upon tho
Bill OF Rights or Constitution, for an aristocracy
IN the breast OF the court when every principle OF
indiscretion feelings of selishness and unfoundcd
prcudiccs may DO proctised without restraint or re-
sponsibility. This is tho boldest stab at liberty I
have ever expected to witness in a WASHINGTON
country or Jefferson school. The sedtion laws of
old, and the lato tariff, bear sort Of comparison
with the evil tendency of this precedent taking in.
to view the extent qualifications of it's appiica-
ton. Who will deny, that, upon the Same otous
precedent set forth by this law, your citizens may
not be required to so to the court for certificate
allowing Thorn to 90 to mill, to use horse, their
houses and premises, to drive n cart, to run boat,
to follow this and that and, in fact to follow all
the callings of li.c2 1t will not be denied that tho
foundation for the law; and as the courts arc all
shareholders it certainly may BIO regarded as the
established maxim that persons interested to sit
upon their own cases, which is an enormity of tho
greatest magnitude. All the great important and
Indispensable attributes of citizenship, derived
from, and secured by, the various articles of the
Bl of Rights. may, by similar measure, BIO trans.
fcrred to midnight obscury, and sent to the shades
OF uncertainty misery and despair
The notions about character fitness of place.
as ascertaincd fixed upon by the caprces of four
men, whether interested not should give
the qualification to citizenship, nor be permitted TO
restrictions upon the rights privileges of fol-
low creature, contrary the spirit and meaning of
the Government. Considering how easy matter
1t is for the Legislature TO designate and prevent the
evils attendant on the use retail Of ardent spi-
ritS, is 1t not astonishing that it should resort to
such legislation this, which is supversvo of every
principle of Repubcanism and the veriest institute
of the most odous aristocracy, by confirming up
on underlined and uncontrolled seishness the power
to serve its purposcs2 1t is the imperious duty
of the legislature to designate and point out the
policy of the laws, and to word aud qualify the
law so clearly and unequivocally TO leave only
tho execution of it to the Judiciary and where
this purpose cannot be effected it is always better
for the country that it should be silent. What
are the varied and reserved rights contracted for
with the Government detailed in the Bill of
Rights! They are the enjoyment ofife and liberty,
the acquisition, and of course, the Of property,
tho pursuits of happiness and safety, against
reasonable searches and seizures, the trial by jury
TO be confronted by your accuscrs and Witnesses
uniformity of government, and of course, uniform
y in the operation of laws, and against exclusive
| privileges, except for public services, &c. Let
any department of Government, and much worse
the Judiciary, upon any pre,oxt whatever, have
limited power all these matters, and then we
have thrown to the winds all the principles of our
boosted republican institutions in exchange for an
aristocracy of tho most desperate dctestablc and
odious description. Most assuredly the Court il
invested with, not only Legislative but govern
mental power over persons and things for which
there can be no earthly authority nor adequate
pretext. Who can deny that the perfect right to
the choice of avocations in life is not under this
! law liable to De controlled by the Court, or that
the acquisition and of property is not likewise
subject 10 the same result? Now il must be ad
united that to destroy the avenues to the acquisi
ton of or the of property is equal to the dis
| possession of it. This is both by the State and
Federal Constitutions expressly forbid, except for
public use, and in that instance both positively
require remuneration TO be made to the owner
Upon all these considerations then the Court has
more than governmental power right, and the
law must be morally wrong and palpably unjust
as there is no provision for any injury, either as
regards our property, right to happiness our
right to liberty of action, all of which are impro-
pcrly and inscparatey involved by it. No depart.
ment OF this government has tho right to close
the avenues to wealth, prosperity and happiness
| and much less to create inquisiton or aristo.
cracy in any possible shape which could destroy
or even put at hazard these blessings the partial
forfeiture to any part of them only be founded
upon the preparation of criminal offences.
would not us Juror execute the law in its prose mt
form, because believe it TO be unconstitutional,
and because the Court, situated they arc, have
too many and the strongest inducements in differ.
ent ways fer the greatest abuse Of the power given
nor would preside similarly placed with the court
upon any occasion of its administration, knowing
that the only tendency Of the law is to enhance
the value of their slaves at the sacrifice of civil
liberty which last above every thing else under this
| government, should always be secure and beyond
all conroul, except for specific injury actually pcr-
| petrated and properly asccrtainod.
Neither character nor place have any thing 10
do with the use or regulating the retail of ardent
spirits, but both may be made the prctcxt for the
vIlcst prescription or positive infection of punish
ment even for an offence dreamt of. Want
| OF character is personal misfortune of woful
magnitude, but the prescription of our natural and
governmental rights is species of injustice far
beyond all description coming from whence it nav
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