Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-01-04


derstood, as our guide. we will examine
those two clauses, by which the 25th Sect.
of the judicial law is said to be completely
justified.
Mr.. Writ is under soue doubt as to the
principle of construction, which ought to
be applied to the constitution. He is at
loss to decide whether the constitution
ought to be regarded as Il compact or
Statute, and seems to think thar the rue
OF construction would vary according To the
character OF the instrument. BE it so.-
But will not stop to engage in tbs eniui-
~, nor enter into a detail Showing in what
parts the constitution of the Unite. States
ought to be cons dered as statutory or con-
ventional. In relation to the present uues-
ton, and in relation to the most important
questions that have occurre', or can occur,
Il is neither the one, nor the other, but a
grant OF hogver-a grant of hozver 6v Tie
he0fIe, for their owR benefit only-aot to
any individual, or class Of irdjyij uals, but
to those among themselves whom til may
think proper TO select, from generation to
generation, for tue administration of their
national concerns. In this view of the sub
ject, it is man fest that it would be ide to
resort TO any of those technical roles of
constructions, which relate To grants be-
tween individuals. The diffe repcc between
TINS case and ordinary cases, is obvious and
essential. In the latter there are two r
ties, neither of whom has a rght to de-
eide. The law therefore must decide for
them. But in this case, there are not two
parUeS-In other Countries indeed, the 60
vernors and the governed form two clas-
ses distinct from each other in situation,
feeling and interest. But here our consti-
tuton recognises no party but the people
and they who are called on to ascertain
IFS meaning, ought TO decide according ts
the real and obvious Intention OF those who
are the source Of ali legitimate power
VINO gave ann Can take aWay--who Crea-
ted and cen destroy
Bpt Mr. Wire himself has repeatedly
conceded the proposition, that no power
ought 70 be exercised. but that which is
expressly gwen, or is necessary TO carry a
given power into effect Ait ia con-
cession Mr.. w. might have spared him
self the trouble, of searching further for
the true principle Of construction. lie has
granted all that the most r 81 cTPounder
of the constitution can require. II has
conc ded the very point contentcd for in
the hrst preliminary remark addressed bv
me to the court--the point 50 clearly sta
ted and SO ably supported in the report Of
the committee of the Legislature OF Vir,i--
MIA, IN c year 1899, in reply to the an
Swer OF tae Legislature Of Massachusetts,
to the resolutions of the preceding session.
L ms report is Sd well known. and know
ledge or the principles which it inculcates
81 widely diftuscd, that it would be waste
OF time, to go through the process by
which, the proposition conceded by Mr..
w. is demonstrated 10 be true.
his being our mutual understanding on
10th
those claims of the constitution on which
the present question depends.
Tue first clause relied on, is, the first
paragraph of the 81 Sect Of the So art.
which IS in these words 50 The judicial
power shall extend 70 all cases in law and
equity, arising under this constitution. the
laws OF the United States, and treaties
made, or which shall be made, under their
authority ; to all cases affecting arubassa-
doris, other public ministers and consuls
to all cases oi admiralty aud maritime ju-
rlsdlction 10 controversies TO which the
United States shall be a party; to Contro-
yerSies between two or more states. be-
tween state and citizens of another state,
between Citizens Of different states, be-
tween citizens of the same state claiming
lands under grants Of different states, ana
between state, or the cities thereof, ana
foreign states, citizens, or subjects"
From these words, Mr. w. contends that
Congress have rightto ersend the Judi
cial power Of the United States, To ali the
specified CAS-. s, according to their discre.
lion. On this subject he advances q posi-
ton, which / ava MT disposed to contro-
vert. lie advances as "a position univer-
saiiy true, Tat where power is given to
Congress, the mode Of eXercisng that pow
er is left to their discretion and he jIius-
irates his argument by putting a case,
where power is expressly given TO Con
sress--to provide for calling out the mill
tia, which power he co1ceives, IS TO be ex-
ere SGD in the mode which they may deem
most cxpedlent. Without stopping to M
quire whether many illustrations rather
more opposite might not have been drawn
from the Constitution, / am ready TO con-
cede every thing which the argument re-
quires.
Now it will be remembered, that on this
very part of the subject, Mr.. Writ spike
with all his usual e. qucnce, and more than
his usual confidence. lie seemed susfi
cious that his opponents would shrink from
this part Of the inquiry. lie therefore cal
led peremptarlly for refutation Of tiis ar
gument, and challenged his advcrslr.c to
attempt It.
accept this challenge, and cfFer, with
out hesitation, the following RECITATION -
His propcst on IS, that where a power is
given Go Congress, they may exercise it
in the mode, which they deem best. This
have already conceled---5ut the con-
cesson is utterly worthless and unavailirg