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: ThcUftitneris
One.of the great purpofes ofago
vcrnmenr is roj fecure , the k people,
from foreign ihyafion.4" To be ready,
to repelfuch invafion requires a great
revenue, and many officer become
heceffary to collect it. Such an inva
lion, however, may or may not take
place. .. If 1 judge from certain docu.
ments laid before us, thofe' who ad
1 minifter our affairs have but little ap.
prehenfion of that event. If then
there belittle or, no fuch danger, or
if the people be iuniciirntiy lecured
againft it, what elfehave fo&zn&xUm'i
to afk for in retofirt Tor their money
expended in the iupport of govern-:,
inent ?, They ha ve a I ight to afk for
the protection of the law in proper
ourtsof juftfee, to fecure the weak
againft the ftrongt the poor againft
the rich, the oppreiTed againft the
opprelfor And is this little which
theyafk, to : be denied ? h Are the
means by which the injured can ob
tain redrefs, to be curtailed and di
minifhed ? Much may be t eared from
armies they may turn their 1 words
againft our bofoms, they may elevate
a chief to defpotic power. But what
danger is to be appr cherided fro m an
armypijudges. -:
Gentlemen lay. recur to the and
ent fyfterri. What .is that fyftein ?
bix judges of the lupreme court to
tide the circuits of America twice a
year, and fit twice- a year at the jfeat
f, government, -; w jtnouc, enquiring
into the accuracy of a ftatement made
by the gentleman refpe&ing the
courts of Kngland, in which, I ap
prehend, he will find himfelf deceiv
ed ; let me afk what would be the
, .effects of the old fyftein here ? - Caft
an eye. over the extent of Our coun
try, and moment's cpnfideration will
fhew, that the .firft magiflrate in fe
lefting a character for the' bench,
muft leek lefs the lear ning of a jut'ge
than the agiUty of a poft-boy. Can
itbepoflible that men advanced, in
"years, for: fuch alone, can have the
maturity of judgment fitting for the
.office tha t men educated in- the clo
fef,"men who from their habits' of
life muft have mote flrength of mind
than of body ; is it,' I fay, pofIible,
that fuch men can be running froiu
one end of the Continent to the o
ther ? Or, if they could can they
find time to hear and decide caufes ?
I have been told by men of eminence
on the bench,; that they could hot
; hold their offices' under, the old ar-
Tangemenfc"
What is the prefent fyftem ?Tou
rhaveddedcnnliHudgesreverr
diftrift, and fix teen circuit judges,
What will be the effect of this defir-s:
ed repeal ? Will it not be a declara
tion to the remainirie iudces that
they hld their offices fubjet to your,
will and pleamre ? And what will be!
rne reiuit ortms ...rxrwiiioie. tnat rne
, check eftablifhed by the conftitution,
willied for by the .people,; and necef-t
ikry inpyer icontemDiation ,6i com
mon fenfe, is deitroyed. It ljd been
faid,: and truly too, that governments
. are n)ade to provide againft the fol
- lies and vices of men. ':tTi For to fup
pofe that governments reft upon rea
fon, is a pitiful folecifm. If man
, kind, were - realonable they would
want, no government.; Hence, checks
are required, in the diftribution of
power among thofe who are to ex-.
7 ercife it for the benefit of the people
Did the people of America ' veft all
powers in the, Iegiflature ? No. They
. had .vefted i$t the judges a chck in
tended to be efficient j a check of
the firft neceffity, to prevent ah in-
; yafibn of the-conltitution by uncon-:
ttitutional laws, a eneefc whicft might
prevent any faction from intimidat
ing . or uannihUatingth tribunals
-themfelves. r,:.,:: -.'k'-v'i i ;:,'V
On this ground,- faid Mr Morris;
cd .over the conftirufion of my coun
try ;r; a vidory,. meditated by thbie
whci wifh to', pfoftfate that conftitu
tioh,?; for the furtherance ;of 'their
own ambitious views -Not of him
who had recommended this meafure,
nor of thofe whoj now ' urge it for
on his uprightnel and their upright-
r riefs I have the fulleft reliance ; but
: of thofe in the back ground who
have further and 'higher t obje&s.
1 Thefe ; troops that "proted" the xmi
.works are - firft to r be difmiffed.
Thofe pofts .which prefent the ftrong
I'f
ttiS?- negtdvecj;- .yes
X The bill wa tben goo'c
179?.
r,
tohavej
.
barrieri J are ; firft ; to be- takenatod
then the cdnftitution becomes an ea'
fyprey. ;i -y:'
i Let -uj' then, , fecondly,' cohfider
whether we have conftitutionafty a'
power to repeal this law. (Here Mr.
Mon is quoted the third article and
firft fe&ion of the conltitptipn,; s I
have heard a. verbal criticimi about
the words ball and i may, which ap
peared the more unneceflaiy to me.
as the fame word, Jbalu is applied to
both members pt thefefion;? For ir
be vefted in bue Iupreme courti'aud
fuch inferior courts as the cohgrefs
may from tltne to time ordain and
eftablifh." 1 he legiflatufe, there
fore, had without doubt the right of
determining ; in the firft iriftance,
wuat interior courts lhould be eltab-
words aie imperative, a part of the
judicial power fhall veil in them
And " the judges pall hold their ok
hces during good behaviour.
" 'i hey (ban receive a compenfation
which ball hot be di minifhed during
their continuance in office. f 1 here
fore, whether the rematks be appli
ed to the tenure or ofhee, ' or the,
quantum of compenfation. the con-
ltitution is equally imperative. ; Af
ter this expofitibh, gentlemen are
Welcome to any advantage, to be' de
rived from the criticifm on ball aud
may. ... . : :.ri.v- - : 'v
. liut another criticifm, which, but
for its lerious effects, 1" would cail
pleaant, has been made ; the amount
or which isi you ihall not take the
man trom tne orace, but you may
take the office from the man ; you
fhall hot "drown him;" but you may
fink his boat 'under him ; you fhall
not put : him tcCdeath," but you may
take away 'his life. : The eonftitutioii
feeutes to a judge his office, lays he
fhall hold it,: that is, it fhall not ba
taken from him dunng good behavi
our ; the Iegiflature fhall not dimi
nifh, - though thejr bounty may in
create, his falary; the conftitution
provides perfectly tor the inviolabili
ty of his tenure ; but yet we may de-
ftroy the office which we cannot
take away, as it the1deftruct.i6n of
the office would not , as effectually
deprive him of it as the grant to afrV-
ther perlon. it is admitted that ho
power derived from the conftitution
can deprive him of-the; office, and
let it is contended that by repeal of
the law that offiecmay be deitroyed.
h not this absurd ? It had been faid,
riiatwhatever-oneIegiflaturetno
another-can undo ; becaule no le-
therefore that whatever we1 makewe
can deftroy. 1 his I deny 'on the
ground of reafon, and tn that of the
conftitution. What, can a man de-
ftroy his own children f Can yoa an
nuf your own campa&s ? Can you
annihilate the national 'debt ? . When
ydu have by, law created apolitical
exiftence, can you by repealing tt-e
law diflblve the corporation you had
made? When by your laws you give
to an individual any righ' Whareverj
can you by a lublequent law nghtful
ly take it" away? No. When you
make a compadt you are bound by it.
When you make a pnmiile ou mull
perform it. -Eftabiifh thecontrary
dodrine and what follows ? The
whim of the -moment becomes the
law of the land ; your , country will
be looked upon as a den of robbers ;
every honeft man will fly your fhores.
Who will truft you, when you are
the J firlt -to violate your own '. con
tracts ? T he pofition therefore, that
the Iegiflature may rightfully repeal
every law made by a preceding Iegif
lature, when tefted by reafon, is un
true; and it is equally untrue "when
compared with the precepts of the
conftitution ; for what does; the con
ftitution fay ? " You fhall make; hd
ex pajlfactohvi "-Isnot this ZTitxpot
facto law ? -; -'" '"' i ;' " '.
- Gentlemen fay the fyftein 4f the
laft feflion is mere theory. For ar
gument fake it fhall be. granted ; and
what then is the langaage' of reafon ?
Try it,' put it "to the teft of experi-'
ence. What relpect can the people
have for. a Iegiflature - that without
reflection meets biut to undflrthe ats
of its predeceflbrs. Is it prudent, is
it 'decenti' even if the laiw, wrd uh-
wiiej-.inus ro jtoiunut wr, rcpuiauon
44."Ae.pafos . wljy he cpncvcd he motion j f MU"W "m I
through ;ouht to prevail.: ; - . hr fop building. App'y hav.
i andthArsf lA it nbt highly dangerous.
to call upon tne people to decide
which of us are fools j Jor one ot us
mBftbe.'-" - .
'And what , would be the effect on
the injured man who fecks redrefs
in a court of juftice,, and whom, by
tni& repeal, you ihali have deprived
of his right ? you have laved him a
miferable cept, and you have; per
haps utterly ruined hiravi :t. , v
'jBixt' the horiorable rrtdver ofth
yefolution pas told us, not only what:
us not only that fuirs have decreafed
but that they will decreafe, and, re
lying on his preconception, informs
us that the internal taxes will be re
pealed: and crounds the expediency
of repealing the judiciary law on the,
anninnatien ot tnete taxes. Thus
or a law that yet 'exift he infers
from its deftruclibnj and theconfe
quentlconcefiiiori I of fuirs under ir.
the inutility of the judicial eftablifh-J
ment.. . And when he has' carried
.his prefent point, and broke down
the judiciary fyltem, he will tell us
perhaps that we. may as well repeal
the internal taxes becaufe we have nr
judges to. enforce the collection of
them. ; .. .
f But what ; will be the efTcft of
thele repeals.and of , all thefe difmif-
fionirom office ?' I impeach not the'
motives ot gentlemen who advocate
this meafure. In my heart 1 believe
them to be upright. But .they fee
not the cohfequences We are told
the States want, and ought to have
more power: w e are told, that thev
are the legitimatefources trom which
the citizen is tc derive prbtedtiori.
Their judges are, I iuppolie to enforce
our laws - Judges appointed by State
authority, fupported by hfate falarv.
and looking for promotion to State
influence, or depended uoon -State
party. There arc ibme honorable
gentlemen now prefent, who latin,
the convention which formed this
Conftitution. I appeal to their re.
cUietiion, have they not feen the
time when the fate of America was
fupported by a hair ; my life for it,
if another Convention ; be aHembled
theyilfparrwithOTtsddn
thing Nev er in the flow of time was
their a moment fo propitious, as
that in which, the convention affem
bied. '1 he States had been convin
ced by melancholytaperiencc-how;
inadequate they were to the raanage-
mcntx)f cur national concerns. -J he
paffiohs of the people were lulled to
fleep . .State pride v flumbered - and
then it awoke j and oppofition was
-formed- but it was vain. ri he peo
ple of America bound the States
down by this compact. '
r One great provifion of the confti
tution, a provi fieri, that exhibited
the fublime fpeftacle of a great State
bowing before theitribunal of juftice,
is gone 1 Another great bluwark is
now (to be removed.V ' You are roldi
you miift look to the States for pro
tection j your internal revenues are
1. .
4.
10 39
to be fwept away ; your fol e reliance J
muit relt upon commercial duties
la this reliance you will be 'fecejjted,
But what is to be the effea- ofall
thefe changes 1 1 am .afraid to fay
I will leave it to the feelings and con
iciences of gentlemen. But remem
ber, the moment this Union is dif
folved, we;thaUno (onset be. govern-
Examine the , annals of hif tbry,s
look ' into the records : of "timej feej
what has been the ruin of every re
public ? The vile love of popularity
Why are we bear? To fave the peo
ple from their greateft enemy ; to fave
themirom themfelves. - W hat caulf
edtheruih;of the republics of Greece
and Rome f Demagogues; who by
flattery ; gained the aid of the popu
lace to" eftal lifh defpotifrrn -But it
you; will &ut your, eyes to thef ight
of hiftory, and your tars td the Voice,
of experiehce-fee at leaft what has
happened inourowntimes. In 1789,
it was no longer a doubt with enlight
ened ftatesmen, what would be the
event of ,1the! French revolntion"; be-f.
fore the. firft of January, 1790, the
only queftion was, who would be
come the defpot. The. word ; liber
ty; indeed,'from that day to this, had
beejpi founded in OBrjears, bat never
i had any reaT.cxiftence J there is ntw
ming,ieii out tne word. , 4 v
We .are now abppj jo. vrolate the '
conftitution. - Once touch 'ft'wlth
unhallowed bands, facrifife. buy one
of its provifioiii, and .we are eon.
;We commit the fare or America to
the mercy ot time and ehance."'
1 1 hope the honorable centlenfcn
from ' Maryland ' will pardon me, if
Hum ura. icwlivu. ui me , jaw- wnicn
he hjfs cited, Tdediice ah kifefence'-
diametrically oppofife;, to that' tor-
Ayfticn he? has toBtendedA " HeTjai
told us,: that ' the laft congrens in rc
idu'cingr the ju'des of'the. furetne'
pat from fix to five, have exercifed
jthe fright 'which'is'now to be ufed,
and made i letdflative conflruitlon
of thisclaule ini'ticomtution." '
But look at the Jaw - It declares
that this redudiortJEhallnot be made,
until by death; att reltgnationKOiniy
five judges fhall . remain ThuVin
the very moment when they.expfefs'J'
the opinion, that 5 judges are f lifEc!
ent, they acknowledge -their Incom-,'
petency to remove-: the fixth udgei
and .thereby make the legiflativede-'
cIaration,that they had hot the right
now contended fo'jtJfi :
iivir. Moris nre noticed Jarne, o-,
ther remarks which had fallen from
the gentleman iroouMaryland Mrw
Wright, on. the confttuclion ofihe
conftitution. But as thejr,re ;.fub
itantialiy tomprifed in the preced
ing ftatement we omit them, j
He concluded by recapulating his
argumehts. A cbntracl:, faid he, is
made between the government and f
the judge -1 he Prefideptappoints
The Iegiflature fixes his falary -He
accepts the office.'; The contract is
complete. He is then under the pro-,
teclion of the conftitution, which
neither the Trefident 'nor Congref
can infringe. The, contract is afo
lenui one. Can you violate it? If
you can, you may throw' this confti-"
ution into the flames -it is tmne.it
is dead, r: :
:? FOR SALEi 'Aiv?
A Quantity of vciy good LANDCt
uatc?bout two end I lislf milci from
Faytteille, on t!ve" north taft of Cipc Fcir
For Urms, &c. apply to 'h.s.rt wr
ARCHIBALD or 1 ,
T. TERRELL.- f
Faytttcv'tlle, Jan, 18.
Scheme of a tottery, ,
A U T H O R I S E D by a law ot tfic
. State, for the poipolc of.rafiog Six"
-Huiidredr'iifillars,- "tdwUr4ipictirIg:lfcii
EJcntwo Academy. .' : , -
r.: ' "" ' - Dollar,, 1
I Prize of nelhouranddoHart. . 1000 ''
of cob dollata to be.
'1- the firft drawn ticket on t ,
rii drawn ticket on j -ill
day's drawin?; I
theie ihall be but L
the U
3TB'ea.
ny ticket! ; in. the .
"- wheel. .' .Ht ,. , , 1
01 bree hundred dolla.
Si r ; 30O"
of turn hunrlivit AMar "
to be laft drawn ticker. I
?i ii'tncirjed 'dollark , ,' apo .
;Vj of twcDiy five dolIatir ajO,,
,. pf, ten- dollars, f.i 'ftTz.y-'.j$tj:
1; ' oC four doilara, " c ; v i 1200
??5 Prc'zfl, 1
66 1 Blank,;
Amount of Prize, 4000
iooo ; Tickets at 4 doBari each, oeo
- Alt Prizea Ihall be punQuaHjrpaid, (fub.
jeft to deduction of (5 per ceut.) in tea
'days after the drawing it finilhcd. . r
f The drawing is expeflcd to commence ott,'
tle Sib day , of April . nex? it Edcrtton,'
afi (hitjf be 'finiflitd.. to two weeks after
cuininerjcing.'';;;.';;' ''''''; ''' ihti' :;Y--:;
li fill Prizea not demanded io 'three months
aftrr the drawing is fitiilh'ed, iliall be eonfi
derecf as relinquilhed, fof the ufe oi the
Academy. '; ;,.
4rVZ7?$: . Matters
appointed
htbe
Trufteet.
"N BTTiekets for faleT) the Managers,
. fr.tM nut; . : i ; 1
' -Eliha Itorflett. ' J
arid by Hodge if Boy tan. :; 'V ' ; '
, LJeoton, Sept.'7, i8dt." -v . 3
For fale at this office,
e ''fie
an s
,( ,1
Q.RTH- QAROL IN A
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For the rear ef turtcra', 1802
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