The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-12
mo. 81

4 - An SH'i.ii Hiilso VIC PrpPrictv CT grailtia !.
congress power to displace the judges, j
becomes necessary to consider their Claims
TO the power OF controlling the lcgisiatn.
and the president
Here me courts right 10 declare vo:a
acts Of Congress, sf'fder Hretezce ;sat thcs
are unconstitutional?
approach this question with difidence.
knowing that an answer in the affirmative
has been given bv emine mt iudtes and abIy
supported Iwi!l briefly offer ny reasons for
inclininS 60 be OF opinion, that this question
ought be answered in the negative Butt
VIII contend, that answer this question as
you viii, the power proposed BY the resoluti-
on on your table ought to be given. IF the
iJudges possess constitut;onaily power to de-
clare the legislative acts Of Congress- void.
and the political acts of the president Illegal.
their authority is indeed awful. They nav
cut the snewS of the government bv decia,'-
iEE void acts of Congress raising revenue, or
providing the means of defence They nav
utterly destroy subordination and obedience
IN your armies and nayies. The national
safety requires that men possessing such
powers should themselves Dc under the con-
trout OF the nationa! will. On the Contrary.
u they are not entitled TO the exercise Of
those powers, # they have usarred them, th>.
nation ought to have some way u removing
the uScrperS.
! icoatend that the constitution 50 fan as
1t relates to the power of legislation, is a law
to the legislature /; Of the breach Of which.
the state governments and the people are to
Judge, and they alone. They are the pro
pergi?r 'ians Of the constitution, aud not tie
'1'G'4o% p:"pSh o. the government establish
eH y. mat c.hStltGtion. The meaning ofthe
Nstliitlon IS L. bc fixed by Congress. tbs
president, estate governments, aa;l the pue.
re- united; and not By the supreme couYs
alone
| me power Of revising the proper acts q
department Of the goernmcne, ought n6a
10 DC entrusted to another department CT the
same goVernnient; but to those who have ill.,
S'itHteH the g2I eminent, and fi'oia whom l.a
u.s., PATTON is tobe. apprehenoed
For the breach Of every law there is So
Appropriate PENALTY. They who ina:ot that
rena'ty are hejudges Of that law WHAT'S
tic rena!t!' incurred b. members ofconsre:s
'HT Violating the constitution By pas.ine. an
iact contrary to n provisionsa They are net
htA'c to impeachment. Tile reaaIty is til.
loss {, q, heir seats. Vino inficts that penal
~. ne people, and tls staee governments.
are thc yai.Ges OF vioiatlops Of tie CONSTITUTE.
ON b. congress. &c.,.
II the people and The state governments
are the proper judges of breaches Of the cor
shtiitcn by congress, the;r decigiop must he
TIaiid, and conclusive. ii al oct Of congress
rs passed, and approved by The people, ana
/ &C stale governments, shall any earthly au-
tnoilty presume to question it? ACCORDING
To the d0cl Inc contcndeCi fer by the ;neraSF
Jet a. act q congress be passed g., bon
hcuaeS unanimously; approved BY TIE pre-
Siacnt, and every man in the nation; any
OF the Judges Of the supreme federal
court G;ay declare it VOID and prevent ;+s
going into operation, Contrary to the NyisheX
iof congress, the president, the state lez,isia-
lures, md the people, Jsit reasonable: ti.at
thcJuHBes should possess a power to declare
that congress and the president. have yiolai.
en- tier oaths aitd the c0titution b. ,,assi1,r
an act which obtains them the atr;,anss =
t2e'r constituents, and for passing which the
senator's are reelected by the state governs
lhc'}ts, ami tie representatives bv the nee
I pie Arc not tho liberties Of the na.io, pros
tTated by s,.ch power
Let this power be conceded TO the Sill
( premc 2cier9l Court and it IS not that Court
/ atone that VIII possess it. IF it IS a iutc-
/ ~ power, every inferior federal court, every
state court, every justice Of peace, every FL
/ acr;la', cvclY jury possesses the powc1. TO de-
| S!arc acts o. Congress void, ard may exer-
Csc 1t III 10000 cases wherein there lies no
! appeal On this oroond the counsel for Ca
i-i5c,' ln'iatcd that the ju 2 had RIGHT 20
conHider v.d q" act Of congrcss. The claim
! was prone1l made on the part of the urg.
/, u tue CONT E2S the night. Judge Chase IN
tac case "f Fres very correctly laid it down.
that " the constitutional dcrnition Of treason
was question Of law, aud that the Jury
" are TO Ge0'r Ia all criminal cases both the
-" la~ ard the facts" In criminal case the
ccttt may O. may nos instruct the Jury as to
the law aud II they do, the jury may. or
may net OBSERVE their instructions. To nv
Tnl"d Vt IS clear that if a Court car, in a cri-
minal case, compare Tic constitution ard an
act OF Congress, decide that the act of con
sresSis void, and instruct the jury it is not
llaW ;; the jury have a right, without those in
strnctions, to decide it is not law The in
strctions Of tie court cannot enlarge tho
4 power o. the jury. IF 7oi4h the courts in
strrctions they may disregard the acts or con-
gress, 7,ffty!iH the courts Instructions they
may disregard it. They are to decide what
tho law IS. and whgt the facts arc, and in de-
Gliding what the law is their power is cock
tcrsice with that of the court. But judge
Chase rcpc ed the claim made on the yart
LOT the jury. he said it had direct tendencyto
de3oyc the unicn. II seems to me that If Il
had such tendency, to make the claim on tie,
part ct all the courts has the same Tendency
For il might equally happen that the same
law Of Congress might be respected and ct
forced III ore part of the nation, and declar-
I'd void IN another From this case II seems
that althc' the federal judges arc disposed "a,