Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1802-04-05

but their mighty power has broken the
bonds of the contribution, and fettered
the authority Of the court. / am not,
fir, dilpofed to vaunt, but fanding on
this ground, | throw the gauntlet to
any champion upon the other Gde. |
call upon them to maintain, that in a
| collifon between law and the confi-
tuition, the Judges are bound to Gupport
the law, and annul the contribution. -
Can the gentlemen relieve themlelyeS
from this dilemma? Will they fay, tho
Judge has no power to pronounce a
law void, he has a power to declare the
contribution invalid
The doctrine for which | am conten-
ding, is not only clearly inferable from
the plain language Of the contribution,
but by law has been expressly declared
and elfablilhed in practice Gnce the ex-
itence Of the government.
The I'd fiction of the Cd article Of the
contribution expressly extends the judi.
ciai power to all cafes ariGng under the
contribution, the laws, &c. The proyi-
fion in the I'd claule of the 9th article
leaves nothing to doubt. e i'his con
ititution and the laws Of the u. States
which lhall be made in purfuance there
Of, &c. lhall be the fupreme law of tbs
land" The contribution is abfolutely
the lupreme law. Not 10 of the acts
of the legilature-Such. only are the
law of the land as are made in purluance
of the contribution.
! beg the indulgence Of the commit
Tee one moment, while | read the fol-
lowing provifon from the 18th feet. of
the judicial ad Of the year 1889; GA
final Judgment or decree in any fuit in
the highef court of law or equity of
fate in which a decifon in the fuit
could be had, z0bere is dra70n in qne/2ion
The Validity eta treaty or fatute Of, or an
authority exerdJff under, The u. States,
and the detjfOn is agaigIf their voldity,
&c. may be re-examined and reverted
or affirmed in the fupreme court Of the
United States upon writ of error" -
Thus, as early as the year I78o, among
the hrlt acts OF the government, the le-
gilature explicitly recognized the right
of fate court TO declare a treaty,
a itatute, and an authority exerciled
under the United States void, fubie6 to
the reviion of the fupreme court Of the
United States and il has expressly
given the final power 10 the fupreme
court to affirm judgment which is
againf the validity either of a treaty,
itatute, or an authority of the govern
ment.
hunbly truf, Mr.. Chairman, that
| have given abundant proofs from the
nature of our government, from the
language ofthe contribution, and from
Legislative acknowledgement, that the
judges Of our courts have the power TO
Judge and determine upon the conltitu-
tionality of our laws.
Let me now fupPole that in our frame
of government the judges are check
upon the Legislature that the confitu-
ton is depoited in their keeping.
Will you fay afterwards that their ex-
iltence depends upon the Legislature
that the body who they are to check has
the power to defroy them VIII you
fay that the contribution may be taken
out Of their hands, by power the mott
to be diltrufed becaule the only power
which could violate it with impunity ?
Can any thing be more abfurd than TO
admit, that the judges are a check up
on the Legislature, and vet to contend
that they exit at the viii ofthe legiaa-
ture' A check mutt necedarily imply
power commemorate to its end. The
political body deligned to check anoth-
er muft be independent of it, oDerwife
there can be no check. What check
can there be whenthe power defgned to