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MEMORIAL OF THE CIRCUIT JUDGES.
To the Honourable the Senate and House of Representatives of the United States in Congress assembled,
Mo Refpefully fubmit the following Reprefentation and MEMORIAL.
BY an act of Congrefs paffed on the thirteenth day of February, in the year of tour Lord one thoufand eight hundred and one, entitled, "An act to provide for the more convenient organization of the courts of the United States," certain judicial offices were created, and courts eftablished, called Circuit Courts of the United States.
In virtue of appointments made under the conftitution of the United States, the underfigned became vefted with the offi ces fo created, and received commiffion authorizing them to hold the fame, with the emoluments thereunto appertaining, during their good behaviour.
During the laft feffion, an act of Congrefs palled, by which the above mentioned law was declared to be repealed; fince which no law has been made for affigning to your memorialists, the execution of any judicial functions, nor has any provifion been made for the payment of their ftipulated compenfations.
Under thefe circumftances, and finding it exprefsly declared in the conftitution of the United States, that "The Judges both of the Supreme and Inferior Courts Jhall hold their offices during good behaviour, and fhall, at flated times, receive, for their fervices, a compenfation which shall not be diminished during their continuance in office," the undersigned, after the moft deliberate confideration, are compel led to reprefent it as their opinion, that the rights fecured to them by the conflitution, as members of the judicial department, have been impaired.
. With this fincere convi&ion, and influenced by a fenfe of public duty, they mofl refpe&tfully requelt of Congrefs to review the exifting laws which refpeft the officers in queftion, and to define the duties to be performed by the under figned, by fuch provifions as fhall be confiftent with the con flitution, and the convenient adininiftration of juftice.
The right of the undersigned to their compenfations, the y fincerely believe to be fecured by the conftitution, notwithstand. ing any modification of the judicial department, which, in the opinion of Congrefs, public convenience may recom mend. This right, however, involving a perfonal intereft, will be cheerfully fubmitted to judicial examination and decifion in fuch manner as the wifdom and impartiality of Congrefs may preferibe.
That judges fhould not be deprived of their offices or compenfation without mifbehaviour, appears to the underfigned to be among the first and best established principles in the American conflitution; and in the various reforms they have undergone, it has been preferved and guarded with increafed folicitude.
On this bafis the conflitution of the United States has laid the foundation of the judicial department, and expreffed its meaning in terms equally plain and peremptory.
This being the deliberate and folemn opinion of the under figned, the duty of their flations requires that, they fhould declare it to the legillative body. They regret the neceffity which compels them to make the representation, and they confide that it wi'l be attributed to a conviction that they ought not voluntarily to furrender rights & authorities entrusted to their protection, not for their personal advantage, but for the benefit of the community.
LIBERTY OF THE PRESS.
WITHOUT stopping to notice the factious un. derlings of opposition, who formerly clamowed against the Sedition Law, in grog-shops, in tavern bar rooms, at election-polls, and in the democratic newspapers, we advance directly to the leaders of the patriot band, who leagued themselves together to" save the republic." In the very foremost rank of this band, like an herald or a trumpeter, appears
the Attorney-General. It can afford neither pleas
In order ure nor profit to wage war with this man. to gain a complete victory over him, it is only necessary to hold him up to public view-to exhibit him as he is. The people, if correctly informed, will never fail to judge correctly.
In December, 1798, the General Assembly of Virginia passed sundry inflammatory resolutions, in which the Alien and Sedition Laws were pointedly condemned the Sedition Law in particular-"be"cause (said the resolution) it is levelled against "the right of freely examining public characters and "measures, and of free communication among the people thereon, which has ever been justly deem. "ed the most effectual guardian of every other right." These resolutions were sent to the legislatures of the several states for their concurrence. Those states generally, in which democratic principles preponderated, gave them their hearty approbation.
In January, 1800, the Virginia Assembly received and approved the report of the committee to whom was committed the proceedings of sundry states in answer to the above-mentioned resolutions. This report was printed and circulated; together with the instructions of the Assembly to the Senaters in Congress from Virginia, concerning the Sedition Act, &c.-If the circulation of this pamphlet had been confined to the state of Virginia alone, it
would not, perhaps, have claimed a moment's attention here; and there certainly could not, in that case, have been any propriety in declaring that our Attorney-General approved of and adopted the sentiments contained in it: But we have to inform the reader that Mr. Spencer was at part of the expence of having that pamphlet re-printed and circulated in this state. It becomes our duty, therefore, to contrast its leading principles, with those by which Mr. Spencer now affects to be governed.
Of the freedom of the Press, the report speaks in the following manner :
"The freedom of the prefs under the "common law, is, in the defences of the Sedition a&t, made to confift in an exemption from all previous restraint on printed publications, by perfons author"ized to infpect and prohibit them. It
appears to the committee, that this idea "of the freedom of the prefs, can never "be admitted to be the American idea of "it: fince a law inflicting penalties on
printed publications, would have a sim"ilar effect with a law authorizing a pre"vious reftraint on them. It would feem "a mockery to fay, that no law fhould "be paffed, preventing publications from
being made, but that laws might be paffed for punishing them in cafe they
fhould be made.'
After shewing the essential difference between the British government, and the American constitutions, the report pointedly adds
"The fecurity of the freedom of the "prefs, requires that it fhonld be exempt "not only from previous reftraint by the "executive, as in Great-Britain; but "from legiflative reftraint alfo; and this
exemption, to be effectual, must be an exemption, not only from the previ"ous infpection of licencers, but from "the SUBSEQUENT PENALTY OF "LAWS."
"The ftate of the prefs, therefore, un"der the common law, cannot in this
point of view, be the ftandard of its "freedom in the United States."
Let the reader bear in mind, that the man who but about three years ago, lent his aid in propaga ting the above sentiments, is the same AttorneyGeneral, who now carries on a prosecution against the junior editor of this paper, under the most rigorous construction of the common law. Yes! strange as it may seem, the same man, who so lately declared, in effect, that the common law idea of the liberty of the press, could never be admitted in America; who declared also, that the press ought to be exempt, not only from previous restraints, but from the subsequent penalty of laws, has now the unblushing impudence to attempt (under the author ity of the common law of England which declares truth to be a libel) to subject a printer to PENALTIES!! Here is much room for reflection: But, we proceed with the report :
Without fcrutinifing minutely into "all the provifions of the Sedition act, it
*By BAREER and SOUTHWICK.
" will be fufficient to cite fo much of fec*tion 2, as follows: And be it further enacted, that if any perfon fhall write print, utter or publish, or fhall caufe "or procure to be written, printed, utter**ed or published, or fhall knowingly and willingly affift or aid in writing, printing, ultering or publishing, any false, fcandalous and malicious writing or writings against the government of the United States, or either house of the Congress of the United States, or the Prefident of the United States, with an "intent to defame the faid government, "or either house of the faid Congress, or "the Prefident, or to bring them, or ei"ther of them into contempt or difrerepute; or to excite against them, or either, or any of them, the hatred of the good people of the United States, "&c. Then luch perfon, being thereof convicted before any court of the Unit"ed States, having jurifdiction thereof, fhall be punished by a fine not exceed ing two thousand dollars, and by im. prifonment not exceeding two years.” "On this part of the act the following "obfervations prefent themfelves.
"2. Should it happen, as the Conflitution fuppofes it may happen, that either of these branches of the government, "may not have duly difcharged its truft; "it is natural and proper that according "to the cause and degree of their faults, "they fhould be brought into contempt "or difrepute, and incur the hatred of the people.
"3. Whether it has, in any cafe, hap"pened that the proceedings of either, or "all of thofe branches, evinced fuch a "violation of duty as to juftify a con"tempt, a difrepute or hatred among the "people, can only be determined by at "free examination thereof, and a free "communication among the people there
66 4. Whenever it may have actually "happened, that proceedings of this fort
are chargeable on all or either of the "branches of the government, it is the "duty as well as right of intelligent and "faithful citizens, to difcufs and pro"mulge them freely, as well to controul "them by the cenforfhip of the public o
pinion, as to promote a remedy according to the rules of the conftitution.
"And it cannot be avoided, that those "who are to apply the remedy must feel, "in fome degree, a contempt or hatred against the tranfgreffing party."
It is obvious, that the intent to de"fame or bring into contempt or difre. pute, or hatred, which is made a con"dition of the offence created by the act; "cannot prevent its pernicious influence on the freedom of the prefs. For omit"ting the enquiry, how far the malice of "the intent is an inference of the law "from the mere publication, it is manifeftly impoffible to punifh the intent to bring thole who administer the govern"ment into difrepute or contempt, with"out ftriking at the right of freely difcuf
fing public characters and measures: "because those who engage in fuch difcuffions, muft expect and intend to excite these unfavorable fentiments, fo far as they may be thought to be deserved. "To prohibit therefore the intent to ex"cite thofe unfavourable fentiments a
gainst those who adminifter the govern"ment, is equivalent to a prohibition of "the actual excitement of them, is equivalent to a prohibition of difcuffions having that tendency and effect; which, again, is equivalent to a protection of "thofe who adminifter the government, "if they fhould at any time deserve the contempt or hatred of the people, againft being expofed to it, by free ani. "madverfions on their characters and con"duct. Nor can there be a doubt, if "thole in public truft be fhielded by pen"al laws from fuch ftri&tures of the prefs "as may expose them to contempt and "difrepute, or hatred, where they may "delerve it, that in exact proportion as
they may deserve to be expofed, will be "the certainty and criminality of the in"tent to expofe them, and the vigilance "of profecuting and punifhing it; NOR "A DOUBT, THAT A GOVERN. "MENT THUS INTRENCHED IN PENAL STATUTES, AGAINST THE JUST AND NATURAL EFFECTS OF A CULPABLE AD"MINISTRATION, WILL EASILY EVADE THE RESPONSIBILITY "WHICH IS ESSENTIAL TO A "FAITHFUL DISCHARGE OF ITS "DUTY."
These were the sober, serious, deliberate sentiments of the august assembly of the state of Virginia, at a time when the government of the United States was administered by federalists. That the Virginia democrats should, at such a time, under such circumstances, entertain such sentiments, is not surprising, Their political opponents held the reins of power. The President was not a native of the "ancient dominion." A majority of both houses of Congress were friends of the President and his measures. These watchful guardianns of the people's rights, therefore, were unaccountably tormented by jealousy. They supposed, (as well as
the constitution) that the President and Congress, "from defect of judgment, or other causes," might not discharge their trusts. They thought it extremely "natural and proper," therefore, that the said President and Congress "should be brought into contempt and disrepute, and incur the hatred of the people." They believed that this contempt, and disrepute, and hatred, could only be excited bø "free examination," and "free communication" among the people. They considered it as the duty of every intelligent and faithful citizen," to "promulge freely" such TRUTHS or FALSHOODS as would tend to create such "contempt or hatred against the transgressing party."--And they, with one accord, declared, that the Sedition Law, which punished the publisher of falshoods concerning the government, was an alarming infraction of their rights—(their right of telling falsboods!) It is not surprizing, that the men who held such an unfavorable opinion of the Sedition Law, should also dis. approve of the common law. Neither is it surprizing that our Attorney-General should concur with them in all their sentiments, and adopt them as his own. But it is really astonishing that he should, after the adoption and promulgation of such sentiments, become the pretended avenger of the Wrongs of the Press-that he should attempt to erect a barrier around the government, to prevent the scrutiny of investigation-that he should endeavor to shield our rulers from the "free examination" of the peo. ple, by the provision of a tyrannical Common Law; and that he should now exclaim against that licentiousness, which he once declared to be "natural and proper."-But, let it be considered, that the power which, bree years since, was in the bands of the federats, is now in possession of the demo
A facetious writer, some years ago, in a Dedham paper, Massachusetts, remarked;" The French seem resolved to make Spain pass through the revolutionary grist-mill. There will be much bran !--If Portugal should be.ground, the millers expect to take great toll. The mill for America is expected to be a saw mill. If the French should get the Floridas and Louisiana, they will take Georgia and Tennessee for what we call slabs, or the outside of the
og. But New England, the heart of the oak, (he observed) is too tough to be split."
The French saw mill, that has been constructed for the United States, is now in motion; and unless the most vigourous efforts be used to obstruct its wheels, it will speedily cut asunder the union. It will quickly cut off the outside, Georgia and the Western territory, as slabs, and will then gradually proceed toward the heart of the timber. Indeed even in New-England, there is some timber so furky that the French saw might easily pass through it, particularly the little state of Rhode Island; but it is so puny and lies so remote withal from the saw mill, that an attempt to sunder it from the solid oak, with which it is surrounded, would, like the Indian's gun, cost more than it would come to.
A circumstance that promises success to this French saw mill, is, that Bonaparte, the proprietor, will probably dispose of some shares in his patent to a number of enterprising characters in this coun try.
HE culture of a very useful vegetable, till very lately unknown in England, has been recently brought to perfection, near Briftol. It appears richly to merit the attention of our farmers. This is the Anjou Cabbage, perhaps the most uleful and profitable of all plants of that fpecies, which can be raised. The feed was fupplied by a French emigrant. It is fo tender that it is dreffed in three or four minutes boiling. It affords excellent food for cattle, and they feed upon it very greedily; it occafions cows to yield abund-point ance of milk, and at the fame time keeps them in flesh. In bulk, rapidity of growth, and for the little culture it requires, it exceeds all other of the Braffica fpecies.The ftalk acquires the thicknefs of a man's leg, and is ufed when dry for fuel.
lifhnefs in your conduct, when he comes home? Do you now discover the fame pleasure in being with your husband as at firft? Sorry am I to fay, too many of our fex give but too juft caufe for complaint. The married state is what I am an utter ftranger to; and fuch an unfavory proof of it I can never hope to find. But as a day not far remote from this, may ufher me into matrimonial bonds, I will, as far as in my power, point out a path, which if you follow, a man must be wholly loft, not at laft to turn to the right road. Beware of discovering the leaft fymptoms of that green-eyed monster, jealoufy; be always ready, with a smile, to meet your husband when he comes home, let it be ever fo late at night; appear joyful at his return; never complain of his abfence, but rejoice at his prefence; convince him by ten thoufand affiduities that he is all the world to you. Too many ladies are apt to form a different method; and can it be poffible that a man can come to his wife with pleafure, to frowns and reproaches? No! Put the cafe to ourselves; we should not, had we thofe advantages men have. That is a to be confidered; for if home is difpleafing, the bottle is always ready to receive them. Should your husband difcover an inclination to take you out with him, by all means go; it will fhow your defire to please him; it will regain his wandering heart, which has only roved; if he has behaved well for a number of years, there is no doubt of his having a fincere attachment for you; I am almoft affured, if you follow my advice, you will make your company and home fo pleafant, that if he has taken any improper steps, or even formed any improper connections, he will fling it from him as a cloak which is troublesome in hot weather.
AVING feen of late much advice and admonition to young ladies and gentlemen, in news-papers, and confcious as I am, that we do not merit more cenfure than thofe that are married, take the liberty to advise and admonish you a lit tle (though in a friendly manner.) How often do I hear you complain of the inconftancy of your husbands; the indifferent affection they appear to have for you; that they spend their evenings abroad at the tavern, or billiard table, or fome other place equally difhonourable. Are you certain, in your own heart, that you have given your hufband no reafon for husband no reason for all this? Is your behaviour equally tender || with that of your first and fecond years union? Does not your husband discover ill-nature in your countenance and chur
FOR THE BALANCE.
In the year 1776, a thousand houfes were confumed by fire in New-York. Three
hundred houses were burnt there in the year 1778. A few years before the middle of the last century, Charleston, in South Carolina, w as halt laid in afhes. In the year 1778, it had two hundred and fifty dwelling houfes, befides out houfes burnt; to the fuppofed amount of four hundred and forty four thousand dollars. It was only a few years ago, that the greater part of Savannah, in Georgia, was burnt to afhes. The fucceffive terrible fires in Albany are fresh in people's memories. The lofs fuftained by the late conflagration at Portsmouth, New-Hampshire, whereby a large proportion of that flourishing town was laid in ruins, has been estimated to be five hundred thousand dollars. Paffing over a multitude of other inftances lefs extenfive and calamitious, these which have been mentioned are enough, one would think, to awaken the public attention to this subject.
During the short time of one generation, millions-worth of property has been deltroyed in this country; the most diftreffing scenes have been witnessed and felt ; and thousands of families have been reduced from eafe and affluence, and thrown into poverty;-through the abfurd practice of inviting conflagrations, by building towns with wood. It is to be confidered that, in addition to the ordinary chances of fire, which, in a wood-built town, are sufficiently alarming and fearful, there are (God only knows how many) incendiaries difperfed over our country; and it is impoffible always to guard the tinder of wood-houses from the torches of those infernal monfters.
TO THE CITIZENS OF HUDSON.
HE amount of the loffes, which have been fuftained by fire, in the feaports and other commercial towns in this country, during the laft fifty years, has been enormous. In the year 1760, the damage that Bofton fuffered by fire was estimated at four hundred and forty four thoufand dollars. That town has fuffered devaftations of the fame kind, and in fome inftances terribly, in the years '61, '64, || '75, '87, '94, and fince.
"THOUGH naturally referved, yet he was not haughty. Though thofe who approached him felt his fuperiority, yet he did not affume. He blended dignity and condefcention. The greatest and the smallest objects received from him due attention. He never betrayed any fymptoms of vain glory. When he was once afked, whether he had ever faid, as was reported, "that he knew no music so sweet as the whistling of bullets," he answered. "If I faid fo, it was when I was young." Learning to eftimate juftly all human glory. and matured by experience; accustomed to lofty conceptions, and moving always in the important fpheres of life; impreffed with a fenfe that he derived all from God, and that all should be devoted to his fervice; his deportment was noble, equally removed from the fupercilious and the
vain. Some men have been great at one
knowledge of the forms of bufinefs will
of these, and alone; fome men have with-
pings of power; and little when ftripped-Surely it would not: And is it not the duty of every good citizen to heal as far as poffible, the wounds of fociety ?-To calm those irritations which disturb its repofe ? To remove all things which may alarm, torment, or exafperate ?
We have heard, from those who are more in the confidence of our cabinet than we are, for we have no fuch pretenfions, that there is reafon to believe that this country is on the eve of war. I hope not. I hope we fhall not be vifited by fo great a calamity. But if this be our doom, let us prepare to meet it like men, with boldnefs, with unanimity. Let us banish, let us deftroy every circumftance that can excite or keep alive a fpirit of party. Let the proudest foe be informed that he will find us firm. Let us march hand in hand, like a band of brothers, in the plain road of duty, and whether it lead to victory or death we
MR. GOUVERNEUR MORRIS, In the Senate of the United States, Feb. 3, on the report of the committee to whom was referred the Memorial of the Judg-know it is the path to glory. es of the Circuit Courts of the United
Mr. Morris. I rife, Mr. President, as chairman of the committee whofe report
you have juft had the goodness to read, for the purpose of explaining their reasons. If this were a common or an ordinary occafion, if no heats had been excited, if there were no unpleasant, no tormenting recollections, a measure so plain, so easy, fo fimple, would require neither argument nor perfuafion. It would be adopted for its own interior evidence, and from the general fense of propriety. Unhappily, Sir, this is not the cafe. Serious differences of opinion haye existed, and still exist on the fubject with which it is connected. From these have arisen difputes, divifions, bickerings. There is not, I fear, in the minds of men, that calm impartiality which is needful to fair inveftigation. There remains much of prejudice, irritability.
Before I proceed to an explanation, therefore, I find myself reduced to the painful neceflity of praying gentlemen to perform a great duty to this Senate, to themfelves. I muft entreat them to hear with patience, coolly to confider, and then decide according to the dictates of reason and juftice.
Your committee have pursued the courfe which appeared to be proper, not only in itfelf but according to the exiftent circumftances.-Gentlemen will eafily fee that they might have made an elaborate report, containing a long detail of reafons to eftablish a favourite conclufion. And a flight
Mr. Prefident, your committee have no intention, no wish to revive a difcuffion of points already fettled. While the act of While the act of laft feffion was in agitation we opposed it Readily, pertinacioully. But that act has become a law, and to the authority of the law we bow fubmiffive. While in fuf
penfe, we thought it our duty, as fenators,
we know that as citizens we are bound to
obey. With the fe deep impreffions, then,
Gentlemen will perceive, that the quef. tion which the memorialifts have fubmitted to our investigaton is, whether the law of laft feffion has deprived them of their of. fice of judge-Your committee confider this question as not being cognizable by the fenate. It is not for the fenate, nor the representatives, nor both combined to interpret their own acts. We are a part of the legislature. A part of the executive of the executive power is alfo delegated to us. If the judiciary be added it will conftitute a tyranny It is, indeed, the very definition of tyranny which has been given by thofe best acquainted with the fubject. This fenate can have no wish to arrogate power. It is too juft, too wife. If a fenfe of propriety did not prevent, prudence alone would forbid the attempt. This body is too feeble for the exercife of fo much authority. Its form, its conftitution, the mode and manner of its creation and exiftence, the ftrength
and ftructure of its members, render it in capable of fuftaining a greater weight of power.
The other houfe, indeed, immediate reprefentatives of the people, may do much. Borne on the heady torrent of popular opinion, they may, and they will ufurp all power. This will be the firft ftep towards military defpotifm. But the fenate can have no fuch madness. If we can perferve what the conftitution has entrusted to our care, it is as much as can reasonably be expected. Nor can we preferve it but by our integrity, and by that relpect which juftice infpires; for" Our cloud of dignity is held from falling by the weakest wind." The fecond propofition of your committee is indeed a corollary from the firft. They confider this question as cog-nizable by the judiciary alone. It is gone from us forever; and is, from the nature of things, before the judiciary, in common with all other laws. To agitate it again can produce no benefit, can tend to no useful object, can accomplish no defirable end. Our opinion, whether to affirm or to deny, can be of no avail. The other house, indeed, have given an opinion favourable to the claim. This may appear a ftrange affertion to gentlemen who have amufed themselves with reading in newfpapers what are faid to be the fpeeches of the members; But it is not from fuch fources that we are to derive the opinions of a legislative body, nor do they reft on fuch frail authority. By recurring to the journals of the houfe, I find, that on the day of they took up a
refolution reported by the committee of the whole, purporting that the memorialists, "late judges of the circuit courts," have leave to withdraw their petition: And on this it was moved to ftrike out the words "late judges," &c. which motion was carried by a small majority. Now then, I fay, that if not directly, yet by clear implication, by ftrong and neceffary interence, the house have declared, that the fe gentlemen are ftill judges. That they were judges is a fact unquestionable and of public notoriety. To fay, then, that they are not late judges is to fay that they still hold their office, that they are now judges.
Such, then, is the opinion of the house. And they, in the plenitude of their power, may venture to exprefs that opinion. But prejudge. It is neither wife to commit we may not. It does not become us to our authority, nor juft to influence the tribunals of our country.
Your committee, Sir, have ventured to
exprefs their belief, that the question fhould be speedily fettled. It learnt in early youth, from the volumes of profeffional science, that it is expedient for the commonwealth, that a speedy end should be put to litigation. And if it be important that litigation should
ceale between man and man, how much |
And to do this they must prove two things:
Is it wife to embark in great national enterprizes, on the wild ocean of war, with a divided people? Can you hope for fuccels while difcontent fits brooding in the heart of your country? Thefe judges, indeed, are not numerous; but they do not ftond alone. They have relatives, friends, adherents from blood, affection, principle. Why will you wound a clafs of citizens numerous and refpe&table? Can you, while they are aggrieved, injured, infulted, expec their coris aid, fupport and effiftance? But to this it may be faid, that thele jalgs are but a feeble band; we can cruth them and their oppofition. We have the powYes, we have gigantic power; but fhall we therefore ufe it with the leiocons cruelty of a giant? We can cruth them. Yes, with the vast weight of Jegiflative force we can crush thein. But is it honourable, is it magnanimous, does i become the brave? Will it give the neopie a confidence in their rulers? Will it give them a confidence in themfelves, who have chofen fuch rulers? If by a exercife of our power we could even prevent an investigation of our conduct, what would be the impreffion on the public. mind? Sufpicion and difcontent, deep and dan
It is under thefe impreffions, fir, that your committee have prefumed to offer the refolution on your table; and as fome of the technical terms may not be familiar to every gentleman, it may be proper to state the kind of proceeding which is recom
that they were loft to a fenfe of duty, can it be believed, that a few feeble judges will dare oppofe themfelves to the power of the legislature!
Now, fir, it may be well to confider the decifions which may be made and their probable effect.
I take it for granted, that thefe gentlemen, who have afked a judicial decifion, will not difclaim, and that whatever jubgment may I pray gentlemen, moft fincerely, to be given in the firft inftance, the caufe will confider the neceffary confequence. Will It be brought up to the fupreme court. it not be faid, that we are afraid to meet the judgment, in the laft refort should be this feeble band upon the ground of free (as it probably would be) against the claim, inquiry ?-That we are afraid to contend all complaint will be quieted, and all oppo- with the weapons of reafon and argument? fition will ceafe. Some then, indeed might-Will you not be ftrongly queftioned? triumph. For my own part, I fhould find As thus-Are you confident that the judges in it great confolation-the confolation of are wrong that their claim is unfounded? knowing that, however wrong may have -Hear them-refute them.-Are you been my own opinions, the fupreme legif- convinced, or do you only fear they are lature of my country have done right. The pride of opinion might, indeed, be right?-reject their requeft, and with the tyrant affign as a reafon your fovereign wounded; but God forbid, that from will. Such must be the conclufion. motives of pride, or from any other motive, From this dilemma it is not poffible for you I fhould hear, without deep concern, that to escape. If you are right you will court the legislature of my country have violated that facred charter from which they derive inquiry, and than it if you are wrong.
But what is fill worfe, you cannot fhun it. Thefe Memorialists can he heard, whether you will or no.-Spite of your reluctance they can bring on an investigation. You may hide your felt beneath the heaps of your privileges and powers; but you will be traced to your lurking place, and the frong arm of justice will drag you forth to the day. Yes, thofe feeble judges can bring on the inquiry, in the very face of your power-will or not will-confent or not confent-fubmit or not fubmit---the investigation which they afk can take place. Is it not better to meet them freely? to come boldly forward like men? Sir, I will detain you but a few minutes longer.
The attorney-general, or, as he is denominated in French idiom, the public accufer, will inftitute before the proper tribunal, an inquiry by what authority thele men claim to hold and exercife the office of judge. It will then be incumbent upon them, either to difclaim the office, and then there is an end of the queftion: or elfe (claiming :) to eftablish their right.
Having thus flated, in as few words as I could, the confequences of adopting the propofed refolution, I will now take the liberty to inquire the probable refult of rejecting it.
But fuppofe an opinion different, contrarient, or the very reverfe (for that also is poflible)-Will the judges rudely declare that you have violated the conftitution, unmindful of your duty, and regardlefs of your_cath? No-With that decency which becomes the judicial character, that decency which upholds national dignity and impreffes obedience on the public will, that decency, the handmaid of the graces, which more adorns a magiftrate than royal robes, with that decency which to peculiarly befits their flate and condition, they will declare what the legillature meant. They will never prefume to believe, much lefs to declare, that you meant to violate the conflitution. There will be It appears to me effential to the dignity no dangerous and hateful clashing of public of the Senate, that you adopt this refolution. authorities. They will never question the It is more noble to meet than to avoid legal excrcife of that high difcretion with which invefligation; and it is not a novel pracyou are invested.-They will not deny tice. There was a time when the American your full fupremacy. They will not ex- legiflature fubmitted their acts to judicial amine into your motives, nor align im. decifion. At that time WASHINGTON proper views. They will refpe&t you fo prefided-Will it be faid the adminiftralong as they preferve a due refpect for tion was then too humble? He, indeed, themfelves. They will declare, that in was modeft and unaffuming; but he had affigning duties to one officer, and taking affigning duties to one officer, and taking an inborn dignity of foul which taught them from another, you have to confult him, intuitively, to avoid vile fhame and only your own convictions of what the in-offenfive pride. He, alas! is gonetereft or convenience of the people may Yes, he is gone--and, Oh Heaven! require. They will modeftly conclude, viperous flander purfues him to the filent that you did not mean to abolish the offices tomb, and preys upon his afhes.-Parwhich the conftitution had forbidden you don me,The name of Washington has to abolish: and therefore, finding that it excitedrecollections which fill my breast was not your intention to abolith, they will with anguish-Well, let him be declare that the offices ftill exift. forgotten. But let us not forget what is due to ourselves, to our country, to pofterity: that pofterity to whofe judgment we commit our fame, the jewel most dear to honcurable minds.
Such, fir, would be the language of your fupreme judiciary, from the high fenfe they entertain of their duty.-And, if it were decent to fuggeft in this fenate,