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*'v ■■ n annum, rX.TE OF THE UNITE© STATES. . Feb. I 1. T>f [he bill p. hmtnt ".I - f other , ojfern ■ :ted by ■ •■?, was i ■ oft; ■ by verbal amendments were made to the first section. The words of : ber of thi Hoii Mcd, Th n, by! with it forcibly to overturn or change or any one of the territories tie iber the said ; iy one of th'im, or i Ution i laiv thereof, 6 1r " Of, or hold any fort, i •. dock, navy yard, or of any I ]->ul>lii -,f the United States, or! t to invade or hold any part of i the United States, or of the tCrritO- c lies thereof, against the authority of t the United States, or if any person or I; ]" I ir. itorou dy aid or assist h in the doing any one of the acts afore- 1 U although nol personally pr< sent t ■When any such act is done or commit- I ted, and bei . of any one ii or more of the aforesaid ads, on con- tl fession in open court, or on the tesli- d mony of two witnesses to the same o overt ,sou, whereof he or n they shall stand indie; person ai or persons shdl he judged guilty of tr trc ie United States, and a P 1 Int dons having been a- si •in the form "1 the m 'ty the of certain ct th Mitchii.l expressed hisdisa- je itselfofthe th ]j[ d whether Con- pi utharky to act upon the be '•■vers of the legisla- in T ". ■' 'reason, li- w< mked by the constitution; andit'de- rU served mature consideration whether th ion we were not va >s the bounds within da By the tri Section of the 3rd article of great charter of our rights and privi- %v that " treason VV idled States shall consist go y in JpVyi i. them, or tio idhering to theiri ncmies, givin f and ci iony of t.. t 0 j the ; heco»fes- vet i in the constitution • eni, which id! pos <:;■ which Con iuat»be go- see ied. tor ?H7, when de- cxi for a cxc ,- thai ;- mvi h jeer ied perfee ed rem i one pro l i »thcr, or :t or he i . a s a salutary own . view h !to his - won •il hour, ■ t, il will urv j hxiin this and a - — _____ _ VERTISER. LO this free and happy country will be disarmed of the shield by which their ?es and patriots who devised the present admirable frame of govern* ment, intend "*** "'™» legislative injury. And they j will be exposed to all the multiplied ; I! ""' evlls ' *' ; 1 by Con- l 0t ?!Z happen in is than present, that the majority of that ; body may be actuated by passions and ted by motives of a sanguinary l > take measure's ° the , 0| I" - alarming ng repug'l ' ■ -dlion of established : landmarks. I hay he, a.great I reel- I • And I fear j i enactment of the present bill will ! i ne "*J b '' with the overthrow of I 1 i, by I one oi the most valuable safeguards of, t with j the constitution. j ( ange He was willing to admit the great ales, uncertainty with which the doctrine s feol, Of treason was clouded. All our trials c said for that offence had demonstrated the v i, or unsettled condition of th* law. But it o \ or was ''- 'tain thatdiis wis ii tion a sufficient reason for con ■ ;„_ c ibly terferencc. R e felicitated himself, b tort, and he congratulated the Senate n any his country, that arraignments for It reason had hitherto been few and p tof rare. There had not been lime nor c ito- opportunities enough to elaborate the hi yof ultimate decisions of the law, The c nor human mind did not acquire know- sc sist ledge by intuition but by expei i< we- The march of the understanding in in lent the investigation of truth was slow, vi nit- In cases of jurisprudence as well as ol one in every other intellectual research, pt on- the advances toward truth were gra- M sti- dual. Case after case must be sUidi-' st me ously considered, judgment after judg or ment must be rendered and revised, vc ion and consequence after consequence lc rof traced to their terminations. In such ' md a course of proceeding, it might hap-' de pen, according to the amount of bu- 'as a- siness which occurred, that generation 'it he might follow generation, and age sue- 'co tun ceed to age, before the autnma ratio, Iwo the high result of reason on'the sub- thi sa- jeet, could be attained. According to 'mc he this method of perfecting the law by ; cip >n- practice, many trials for treason would ' cat he be necessary to make its exact mean- !md la- ing known. And for his own part, he mi h- was was willing to postpone for centu- ito i le- ncs this painful mode of delineating ! rat ier the entiles* number of species an lot varieties that a legislature could in a, im lin day arrange under the generic term of jG. he treason. i. sor lat Lut way was it necessary for Co; ,i- gress to expound the constitution ? ! cip ;n VV ere there not a department of the ! I st government, to which the intcrpreta- | a or tion of the- statutes enacted by the j whi -Houses, treaties concluded with I upc 'unions by the President and ■ sen and the great national act of mat to the convention as ratified by the sc- sorr dly intrusted? n Judiciary, con- one men selected from the met sens, for the express pur- rigl d pose oi declaring what the law is. rt dive mcd more orderly and regular veil to permit the noVe the ent urityinthe law, by the coin ieir professional talents, pom itea course of inea •viiich conformed to the puni It i* cuiit '*- certl of aseri- liarh L diffe i oush ring ? exec • lt w ed n ply Should has ; 11. will' I In g. 1,0 " »urtsbf justice with the fice. He have • owned mat he might h n in the i entei ] ' v their ' ; ;d L while it. a d tciuh i Ins • would nol ids pre' thetried and sett:, the im th through the. ■ i L j s , the ■chill said he would state as fo tive i for it vry ; hnl il and ;.l found ■Spi2^^ FRIDAY, FEBRUARY 19. 1808. will be j may multiply the species of those of h their J fences to any number that may suit ed the the purposes of an infuriated inaiori overn- ty, and the courts he compelled to carry those acts into operation, how they ever mischievous or ruinous; or, if] Uplied SI auks which, in the opinion of the I Con- judges, militate against the spirit and I pen m letter of the Constitution, are declared j by them to be of no force or effect t that ;we certainly legislate to no purpose. »s and As to the power of deciding on the Hilary unconstitutionality of statutes, the sures courts had, it was well known, cxer nimg- cisetl it in several instances. Many Jpug- , able statesmen had been induced to believe this was a sound and legi-i --naatc employment of their functions. And as the powers granted by the tear j constitution wore at present under-I I will .stood and cxci doubted whe >w ol I thcr, even if this hill should ripen into . ds ot. a statute, it Would hear the test of ju- i dicial scrutiny. ( rreat These were imperfect sketches of t trine J some of the ideas which he entertain- fi rials Jed on this important subject. They t the v (,(1 in this incipient stage \ »ut it of the debate for the purpose of gain- I ng further information. No one c im- could be insensible ofthe toil that had tl self, been expended by the committee, and r and more especially by his honorable and ti tor learned Iriend, the Chairman, in pre- h and paring it. He wished for a full dis- p nor enssion of this great question ; i the he entertained no doubt it would be rr Ihe examined with a seriousness worthy Iti ow- so " high an argument". 'f c nee. Fpr the purpose therefore of bring- Iti ; "> mg the subject to a point, and of low. vmng the supporters of the bill to kl< as offer all the reasons they may think [to xh, proper to urge in its support, Mr. m jra- M. concluded by making a motion to 'oi idi-' strike out the section. i n dg- J Mr. Gi__B (hen rose and deli- th ed, yered a speech substantially as fol- ot ice lows : j n ich ; He said that on a subject of so much fe ap- delicacy, difficulty and im ortance, di: bu-, as the one now under consideration, Iby ion it was natural to expect that tl iic- committee who reported the bill, ca Co, 'would be called upon to present to of lb- ■ the Senate the reasons, which had lan to induced them to introduce the prim na by j ciple, upon which that bill was predi- iit lid ; cated. That as he considered, each foi »n- individual gentleman of that com- sio he mittee better qualified than himself ' cal 'v- jto state the general motives ope- i int ng , rating on the committee, and cer- j sar nd tiamly to state his own individual the a impressions upon tlic subject; Mr. ten oi jG. would confine himself to stating ] I some of the leading motives of his n- ; own conduct in introducing the prin- j out i ? ciple reported in the hill. to « ie i Mr. U. begged to be indulged with cal a- a few preliminary observations >c | which although not directly in point .of j th j upon the constitutional question pre- ' wit id Sented for discussion, would ulti-'of: of mately be found to he, not without j thu c- some bearing upon it. , atK j fe Mr. U. proceeded to observe, that ' and ft- one great object of every govern- ' rica ie ment was the protection of the the? r- nghts of individuals ; and however the it diversified the forms of differci ir vernincnts may have been at differ- [ suffi c cut times they have ail, at ail times, ! the c concurred at least in this on, )» Point; that one of the most effectual tecti ins of protecting rights is the c punishment of wrongs. In the cxc- by • cution of this delicate power, so pecu- feet - liarly inieresting lo the governed, ' mini t different governments have been van f ously organised as to the. manner ol ? executing it. In governments found- ' the B ed on force, the power of punishing ' Uve, J has generally been left, solely to the t will and pleasure of the Fxecutive. ju»ti I In governments founded 0 I i the modifications of this power wl u;t i have been various ; according to to c* i the degree of confidence or jealousy fieCti t entertained by the people towards and c ■rules. Modern jurists lias e» cello: fed their political speculations, |ry of ! very far in multiplying barriers for protection of innocence ag • | pofisible or presumed opp that t i oil the part of the government; and pro< < • it is even now questionable whether matic they have not extended them so far men! - have them practically converted Into shields for the proti theov i that never couldhava natur been intended by the most specula- great philahtliropists. Inde« the le i, that in a nation celebrated scribe ence, as well military prowess, the vision- ment. to car as fro the m bul ii thi; political vision luced to | partm : Use it Was oiearii ■lion, who had the \ i I i r. .. . 3se of-j in the formation of all governments ; iy sun and that it ought not to be so limit najon- ed and restrained, as to destroy its led to practical energy. The constitution how-j Of the United States displays much or,ilo this spirit of jealousy against its <>» the administrators, and the amendments I and to it still more, of course they im clared pose many limitations and restraints effect, upon the government in the execu- i "Pose, tion of the power of punishing, c 'ii the J his may be account ed for by the « the circumstances which preceded' and i cxer- gave rise to the constitution, ai Many its amendments. The A Jd to Ivolution was produced by the oi egiti- yressioris of a distant governmenl tions. and In the formation of all the r the constitutions which preceded thai nder- the United States the whole of which • c whe- was founded upon the fair consei l into of the people, this natural effect t. I ju- was produced; that in the formation c ot then- own governments, i | 1C people 0 ?s ol transferredagreat portion ofthe jealou- tl •lain- sicsihcy felt against the rulersof a ths- ti I hey tant government to the rulers they h itage were about to establish for their im- ci yam- mediate government at home. The Ci one constitution of the United States al- in had though formed some time after the oi and revolution, yet exhibits a great por- ci and tion ofthe spirit ofjcalousy produced jth pre- by it—and the amendments still mor< dis-| probably from the passions called and j into action by the eloquent and ani- oh Jbe ( mated discussions against the adop- na ithyjtion ofthe constitution itself. The foi ; formation and adoption of the coniti - mg- | ttition of the United States an in- , deemed to be amongst the . J an. II to plerlul political events, ever presented tin link jto the contemplation of the human »tin Mr. j mind. Considering the cotempo. to pus passions excited by the conflict ing systems of policy observed bj eh- the different states in relation to each of tol- other, the strong jealousies existing jTh in relation to real or supposed dif- Jch lerei.e.es of interest amongst the ice, different states, and highly excited on, by animated discussions upon great wai die national objects just preceding" the pat ill, calling the convention, the differences me fo oi habits, manners, and opinions dej lad amongst the people in different p&rts and in- parts of the United States, _c. Sec. &c. VVi di- ;it is wonderful, that a constitution den eh founded on a spirit of mutual conces- it ii m- sion should be formed so admirably con calculated to combine and protect the froi ie- , interest of the whole ; and at the rcc ir- same time so peculiarly adapted to or 1 nil j the peculiar character, genius and her Ir. j temper ofthe American people. of t ag In addition to these and many more \G. us | difficulties the convention were with* deiu in- out a model for imitation. They had deft, to solve the new and difficult politi- iish th cal problems, of extracting from pro- I woi l ; existing state governments, all pov. Nt .of a general nature, and of leaving <- ; With them the exercise of all powers • n'ios i- :ot a local nature ; and these powers, 1 forn nt thus selected, were to*be so raodihed inde j and adjusted as to suit the high and at and jealous temper of the Ame-! furn a- rican people. Notwithstanding all ! self, ie these difficulties, it will he found upon func tr .the most critical examination of the aid, >- : instrument, that whilst it contains jof an i- , sufficient energy completely to efl s, the object of its institution,'it affords ;to sf c to innocence the most complete pro- : tiona il lection against the oppression of go- ! parti c ■ vernment, that ever has been devised ! may s- by any political institution. To ef- in th I- ] feet this great object, il was deter- iis pi; I, mined to distribute these general churj ■ amongst three great depart- ' othei , the go. ,-jthe United -,iMc:,. The ! for 01 Jjtive, Executive and Judiciary De-j < '.is. Mr. U. said thi • justment had been made with such i 1 eliminate wisdom and skill, th f whenever it had been made his duly \ . } t0 ' I In r flections had ah ,ited in new of hi » and encreased admiration of the ex- j decid ■ I celle.ncy of , of three distil* rhaps n ll it is , nppi j that the frai proceeded upon this thi >rj in niaiion ; yet In the p men! ofthe d i it was found | lf . j v theory completed nature of thin « bm tv RT 1 uneht ; w tht itis.topn word , Hi make I ment ofthe p to carry jj u( ~; as from the meaning lively U , ; 'the jm3 pari mea ,] by , *AID Iff ADVANCE. moots ; J constitution, the President appoint limit- all judicial ; >tthe roy its judges,all other officers of the courts itution hold their offices during his plea much I sure. * nst its l Mi "' r dit was not his fo. me.nts tention or wis] . itltu lJ!(J eyim-Jcon rintilia ol raints intrinsically contained \n the " xecu j il; nor by a dung, exercise of the pov, e,s \\ doc , intrin y the sicali •t the —tii common 13 as conferring on lie hat ofj : for which the iisent were conferred j nor did he effect to disturb the ation ers among !ople ol i- ... H( , ~ alou- these rcn ~; tu_ itlis thcy had been a im- cation of« ■ The cal phrases in the ii sal • the organization, lor insl por- Ichdobsen iced j the t t depart:, ore, government are co-ordi; tependenl am- observed, Io P- j ." ate not to he Hie I t-t of the owed from th are ' ... -on- and do not apply to I f l} \ ited j the U. S. at least not i nan limitation. If by thai the lict-jpiu-tmen; is equal in dignity, it is. admitted. If ii ich jot tune, ro-ordo, it is not i ''live departmentpi-e-c ed the judiciary department, . ording to the constitution th ishment of the judiciary de] eat was entrusted to til the partment; and of ci :es mcni ■ , ist th(j >ns department to he ■ i t . ,rts and the fact is well known to be kc. With resjiecl to the word ") . ion dent," as applicable to the judiciary, es- it is nol nor justified by th jly constitution. This term is l* :he from G. Britai CQi ._ he rectapprel , ere to or from some other cause, is applied nd | here to the depaitme jof the office rtniont. In •'•■ Britain the phi :b- dentj. ad d> ti- lish corstitution such a phi a i;would be absolute nonsense. In v irs country the terms have I . both in tl form and effect of their meaning, al independent department p ■cutis conceived to ~n l irnishcd with powers to orgunize k ili self, _ and it execute the •] >n functions assigned to it, with ie ahl, or in other words, independi is j of any other department. A mo ttentiori to the constitution v : ■ shew that this is not ' j-jlional character of our judicj i-; partment. An independenl d j may be defined to be a pers i f- m the i • •-1 is placed .above ;. d j charge of his ji L- j other words, a judge who i in or lose any tiling by d .- for or - I Ol' ;:,;,[ or nurj - j individuals ; or a judge whi I, and who'does not i uother pi -. In England the i' iof bono-, - J decided upon th - j it. hi ■ j bn duties wa . j appointed by him, hi Id tlieir - ■ of William 3rd, i during good behavior;; still their offices were vacated upoi rown until t offices of 1 cated until p.i . .of the ju NO. 114/.