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

.sA>'ai Coart may ceciare, that 4 law put
snS stop to commerce is not necessary
anu proper tocarry into execution u power
ito regulate commerce with foreign natl
ons, that therefore ,he act of Congress and
the Presidents Instructions, are merely pie
ces OF waste paper, of no force or validity,
ana Your revenue and naval officers NAV tie
ruined by suits for damages The Judges
could justify themselves in such case lust
as Piansioly as in any case wherein they have
heretofore declared void, the acts Of Con-
gress, Or orders Of the President.
In kngand,t he acts of Parliament bind
the King. He cannot dispense with them.
Consequently they bind his advisers, the iud-
ses OF the several courts. ) The power Of
congress differs from that of Parliamcn, in
inns, that they cannot change the constitution
without the consent of the state legislatures.
nut the mutual relation and difference of pow
ers, between Congress and the federal Judges
Is the same as between the Parliament
and the English judges. Although the
powers OF the legislature is here more
restricted, yet that of the judiciary is not
therefore enlarged WHAT'S taken from the
legislature is not therefore added to the iudi-
ciaFy. Do the English judges exercise the
power OF contoling Parliament, and declaring
VOID Its acts! Far from it. Blackstone saws.
fnaf were 20 set the judicial power above
rs 'PAosUC, WNICN 7VOk{Q De SH6Ier-
sfue Of all government" We have here
seen the trial made of setting the iud;o;arv
above the legislature. and find that the con-
lecture made by Blackstone was right.
But It seems to be contenfied that In .
,nuch as our constitution is ssfiffen, therefore
u becomes the duty of the courts to compare
WIN 1t the acts of congress, and to declare
them void, fin the opinion ofthe courts. thew
contradict it. Sir, if a state has a constitpti.
on or fundamental laws, the obligation of
shose fundamental laws is the same whether
.ney are s01Hen OF nnzrrftten. Reducing
the constitution OF state to writing cannot
chanse the relative powers Of the depart
ments OF the government, or NECESSARILY
make the inferior branch absolute and uncon.
trolaole. Constitutions can exist without ne.
cessarily comforting on the judiciary power
20 control the legislature, and executive
waiter says the constitution of the state
ought to be liked and since that was frst
established by the nation, which after
wards trusted certain persons with the Ic-
6 slativc power, the fundamental laws are
excepted from their commission He adds
i tnere arises any dispute in a state. on
- the fundamental laws. the public admins
tration, or on the prerogatives of the differ
emf powers, of which it is composed, it is
the business OF the nation alone, to nudge
" and determine according to its political con.
q stitution."
The oaths taken by the judges, one {" 70
support the constitution of the u. States. -
prescribed by the constitution itself. another
20 discharge the duties of the office of n iudpe
agreeable to the constitution and laws Of
y the u. States" prescribed BY an act of
congress, are considered as proving the now
or OF the federal courts to decide against the
validity OF acts OF congress: But surely the
Judges will not contend that oaths encrease
their powers, or even their duties. They
are only solemn promises to perform duties
whlch exist Independently of the oaths. If
the oath "to support the constitution of the
United States" contains grant of Dover
every man who takes it must be a grantee of
the power; and it that is to declare void acts
OF congress, every constable may declare void
the acts OF Congress. As Qualification for
office, taking this oath may authorize one
man to exercise more power than another.
But the grant of power must be looked for
elsewhere, in the laws, or the constitution.
AS to the oath prescribed by congress- hada
congress granted the courts negative on their
acts, subsequent congress would not be
bound thereby. And the oath requires the
judges to respect the Iasys of the II. States
as well as the constitution. AS the iudpes
speak OF their oaths and morality, will ask.
does he support the constitution of the u. s.
VINO encroaches on the other departments
established by that constitution or who de-
ciares void An act passed under the consti-
tuition, and in the manner prescribed there
in i; when the constitution declares "it shoH
4" become iazs," and that it shall be, =" the
supreme law of the land" 1t seems to me
that such actions are no evidence of attach
ment to the constitution of the u. S.
let me not be understood as meaning m
impair the obligation of the constitution as a
law, when say it is not in court
paramount law. Ills gross insult to the
congress and President to suffer the judiciary
to say to them, "you have violated yotr oaths
and the constitution, and your act shall not
become law" 1t is requiring the con-
currence or the Judiciary in the passage of
every law. 1t is better that ALI act, the con-
stitutionality of which may be doubted should
operate until the nation by its representatives
perceiyes the objection, and repeats it than
that we should not know what acts are laws.
until their validity has been questioned in
the supreme court Does any gentleman oe
ieve that congress will Intentionally and pal-
pably violate the constitution by passing acts
contrary thereto Judge Chase says % No
" citizen OF knowledge and information, I'M
" less under the influence of passion or pre-
" JUDGE, will believe, without very strong and
" indubitable proof, that congress will, inten-
d" tionally, make any law in violation of the
" federal constitution, and their sound trust"
hen it is not essential to the preservation
OF the constitution that it shall be regarded