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

4
have understood the meaning and spirit Of
the constitution, which they had them
selves contributed to establish. This rca--
soning is repealed by many considerations,
| cogent, If not conclusive.
| he Judges OF this court arc bound by
oath to maintain the constitution, as the
| paramount law of this land. III the per-
Torrance OF this high and sacred duty. they
must exercise their ozvn judgment. They
| must pronounce their ozvn opinions. 1t
would be sacri!ege to surrender them.---
ihe opinions and reasoning of other men,
especially OF those who were called by the
| people to form constitution, aud then to
legIslate under it, are certainly entitled to
the most respectful and serious consid- ra-
ton but to no more The presumpti n,
1t is admitted, Is, that they are right but
however obvious or strong the presumption
may be, 1t is still pr sumption only and
OF course may be repelled by evidence and
argument of greater force. The propriety
or TINS reasoning is supposed to be conn
| plcteiy evinc by tic fact, that the 18Th
srcilon OF this very law, so far as it gives
/ original jurisdiction to the Supreme Court,
has been declared by the Supreme Court
! OF the u States to be unwarianted by the
| constitution, aud therefore void. l Cranch,
p. 1873.
From the congressional debates of Sept.
l1Sy, when this law was passed, it does
net appear, that the question now agitated
In thus Court, was ever presented to view.
This law, therefore. cannot, even if any law
could, be regarded as an authoritative ex-
position of the constitution. Il is ct most a
dictum only, and Certainly ought not to be
regarded as of higher authority than a
dlctum, in which all the Judges Of this
Court might concur. What is due to such
: dictum We all know. In the case of Z -
dinger Us. the Commonwealth, this Court
solemnly decided, that the Jurisdiction in
certain criminal cases, which they had ex-
crossed for years without question, did not
belong to them.
In September 1889, the Congress of the
Y. States had great and essential duties to
perform. la the course of single session
they had. among other things, to provide
Tor the organization of the government for
lis support, by revenue to be immediate
iy raised; tor the establishment of the judi
cial tribunals and for the distribution and
execution of the judicial powers of the u.
States, criminal as we'll as civil In the
pressure of business thus thrown upon
them, II ought not to be matter of won
der or even of regret, it, in one or two in
stances, they failed TO measure with perfect
accuracy, the power which thu exercised,
by the standard, by which all they did was
to be regulated.
The force of the Argument under review
is diminished. if not DESTROYED, by that
great principle, which in the state constitu-
tons, as well as in the constitution Of the
y. States, keeps the legislative, executive
and judiciary departments entirely distinct
hose who made the great law, the Con
stitudon are not, according to this fupda-
nj 80, 1
Founders.
There is yet another remark on this
point, which | VIII take leave to sueg St
he political party. to which the majority
OF the hrst Congress belonged, or at least
many OF that party, then entertained, and
soon afterwards openly avowed the doc
trins, that constitutiouaity and expedience
were convertible terms. Congress- it was
SAID, ght constitutionally pass any law,
which they might think calculated to Sc
cure or promote any of those objects, which
are stated in the preamble, as the causes
tor ordaining and establishing the Cons,i.
tuition of the u. States. This hcresy, tho
not dead, is at present asleep and GER
t@lnly 1t is not improper to say, that those
who had thus wandered from the true
faith, ought not to be regarded as orthodox
eSpoundeTs of our Constitution. On this
There is no temerity in saying that the
Constitution is now better under stood, than
IT was in 1889. 1t would be indeed strange,
1t such we've not the fact. We have had
Is years TO examine il in detail, and to OBJ
serve its practi al operation This idea is
very distintly intimated in the voume
OF the federalist, page 243. To that vo-
iume the Court is referred, and will not
therefore BE- troubled with my observations
OF the subject.
There is, however, one fact, afTording so
stirling an Illustration Of the truth of the
remark just made, that will take Ieav. to
state 1t. Mr. Pcndieton, whose name ought
never to be mentioned without the rever-
encc due to virtue and t. talents, ard uni
| rmly devotcdto the service Of his country:
| Mr.. Pendlt ton, who presided so loEg ana
( so ably in this Court, and who was select.
/ cd BY the distinguished citizens who con
stituJcd our State Convention, to pre- side o.
I yer their del berations, even MIR. p is re-
! presented as saying, and no doubt did say,
| IN speaking Of the future judiciary Of the
! u. States, that " the first expcr rnent pro-
| badly would be 70 vest in the State Courts
| the inferior federal jurisdiction" Virginia
Debates, p. 367 The Judicial power Of
the II. States is, by the express terms of
| tie Constitution. vested ain a Superior
| Court. and in such Inferior tribunals as
! Congress might, from time to tire, ordsin
| and establish and yet. according 20 this
| id a. it might, by lar, be vested in Courts,
! not only not so ordained aad establish d,