Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-01-26

orders before they execute them, to their fe-
acrai Judgcs, and obtain their Appreciation
Thus differentiation is destroyed and obedi-
ence, the vital principle of an armed furce, is
rendered criminal. fie-u
It is remarkable what strides towards ALSO
lutte power the Judiciary have made since the
adoption of the federal constitution. The doc.
trinc, that sets mp the judiciary as paramount
20 the other departments ofgovernment is new
1t is founded on certain numbers of publicati-
on entitled '1'he Federalis," written by Mr.
Hamilton, whose attachment 10 despotic pow
er Is well known. The power OF government
is properly divided into two brances, the legls.
latnre and the executive. The Judiciary is an
inferior branch of the executive power. That
this is the case in Europe, is acknowledged by
Mr. Tucker in his edition of Blackstone's
Commentaries. In England the judges are re-
garded as advisers OF the king. A law is pas
sed by the parliament, the judges advise that
an individual shall be punished for breach OF
it; the kings other officers execute the SEN
tencc or not, ut the kings pleasure. But here
the Judiciary, from being subordinate
branch Of the executive, have grown in 1S
yesrs, 10 be controllers of the legislature, and
directors OF the President, themselves uncon-
trolablc BY any human power
The judges indeed modestly call their court
co-orILinate branch of the government They
seem to forget that they derive their appoint
ments from the President, and that the power
to appoint implies superiority on the part Of
those who appoint but they are not content
ed with az equal power. By reversing and an
nuliing the acts of the lc ,slature and the ex
ecut;ve, as well as of the inferior courts, they
arfogatc TO the1nselyesshc Seprcmc ruling. pow
err.
In evaming the prpprity of granting Congress
Pnwcr to displace the Judges, it becomes ne
ugNr 20 l.... t...v IL. -.
ofcoltroling the legislature and the Preside,t
Have the courts right 10 dcciar. void cas of
Congress, under retenee thar tley arg aaconstita.l
ogal!2
l approach this question with difidence.
knowing that all ans cr in the Affirmative has
been given by eminrnt Judges, and ably sun
ported will briefly offer my reasons for IN
Ginning 70 be ofopinion. that this question ought
70 be answered in the negative. But will
contend, that answer this question as YOU will
he power proposed by the resolution ON YOUR
table ought to be given Ifthe iu9e-es possess
con'titutionally powcrto declare the leeisla-
tive acts of Congress void, and the political
acts OF the president Illegal, their au hority is
Indeed awful. They may eat the sinrws cfthc
government by declaring void acts Of Con rrs IS
raisi1g revenue, or providing the means OF Ie.
fence. They may utterly destroy s,.h7riinati-
on and obedience III your armies and navies
The national safety requires, that men posses
sang such powers should themselves he under
the control ofthc national will On the contra.
~, /. they are nat entitled to the exercise of
those powers. il they have usurpcd their. the
nation onght to have some way Of removing the
usurpers
contend that the constitution go far rs Il re-
lates 10 the power oflegislatcn, il a law To the
% the breach of which :ae state
governments, and the people are t, judge, and
they alone They are the proner guardians or
the constitution, ard not the inferior branch az
the government established by that consiitusi-
an. The nearing of the constitution is to be
fixed BY Congress, tie p7esia mi. The STATE 20.
vernnIents, and the people, united and ngt by
the ->.rremc court alpne.
Inc rDw"r oi revising the proper acts Ola
department ofthc government, Dug TX not 70 be
entrusted 20 another department Of The same
government but to chose who have Instituted
;hc g7vcrnm cut, and f ON whom, no usurpation
IS to be apprehcuded
For The breach Of every law there is an an
proPriatc penalty. They who infct that pe.
laity are the iudgcs Ofthat law What is The
penalty incurred by members Of Congress for
violating the constitution Ivy passing an act con.
lrary TO its provisions ! They are rot Liable 10
impeachment. The penalty is the loss other
seats. VINO iniicts that penaltvi The peo
pie, and the state goVeTnmr nts. Then tie Dco.
pie and the state governments arc the iudrce
OF VIOLATIONS OF the constitution bv Congress
IL the people and the state governments
are the proper judges of breaches of the
constitution by congress, their decision
must be valid, and conclusive. IF an act of
cGngressis passed, and approved bv the peo.
pie, and the state governments, Shall any
earthly authority presume TO question it (,
According to the doctrine contended for by
the Judges, let an act of congress be passed
by both houses unanimously approved bv
the president, and every man in the nation .
any three Of the judges of the supreme fed.
eral court may declare it void and ureven,
its gong INTO operation, contrary tn the
wishes OF congress, the president, the state
legislatures, and the people IS it reason
able that the Judges should possess a power
to declare that congress and the president
have violated their oaths and the contitution
by passing an act which obtains them the
applause OF their constituents, and for mas
sing which the senator's arc reelected bv
the state governments, and the represents
tiyes by the people Are not The liberties g
OF the nation Frustrated by such a power2
Let this power be conceded TO the en-
preme federal court, and il is not tina,
court alone that will possess il. Ifit +, a
judicial power, every inferior federal court.
every state court, every justice of peace
every alderman, every jury possesses the
power to declare acts OF congress void.
and may exercise it io 10000 cases where