Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-07-15
. FRIEND or THE CONSTITUTIONS.
No. TX.

reasoning against luc
court. than in his authorities.
Having finished his quotations, ne ex-
elaims.-How after all this. in this con-
test between the head, and one OF the
members of our confederscy. in this vital
contest tor power between them, can the
supreme court assert its exclusive right to
determine the controversy
The court has itself answered this ques-
lion. II has said-"On the supreme court
of the United States, has the constitution OF
our country devolved this important duty"
Such a question cannot assume form
for judicial investigation, without beng
ga case arising under the constitution -
and to alp such cases "the judicial pou-
sr"is expressly extended. The right as
serted by the court, is then, expressly given
by the grea! fun, amenlal law which unites
US as "a nation
live were now making, instead OF con-
troversy, constitution, where else could
this important duty Of deciding questions
which grow out Of the constitution, and the
law. OF The union, be safely or wisely
placed I? Would any sane mind prefer to
the peaceful and quiet mode OF carrying
the laws of the union into execution by the
judicial arm, that they should be trampled
under foot, or enforced by the sword =
That every law OF the United States should
be resisted with immunity, or produce
civil war not, what other alternative
presents itself? Hampden suggests the ar
bitratien of some foreign potehtate-bri-
fam. France, or Russia, toI example. Is
he sure that the parties could agree IN an
arbi er? Is he sure tina; such arbiter would
be influenced entirely by The principles OF
right aud not at all by those OF policy Is
be sure that such ar5iler would understand
the constitution aud laws of the United
States Is he sure that this intrusion OF
foreign poentate into our domestic vital
contests for power would not give that
poienlate an uEdue influence over the
weaker party, and lead to ntrigues which
might toment divisions, animate discord,
and finally produce dismemberment IL
heisnot certain on these and many other
points which suggest themselves, ana
ought to be considered how Can he think The
submission Of these controversies to such
an arbi,er, preferable to the submission OF
,hem to domestic tribunal, composed OF
American citizens. selected by the man 10
whom the American people have reposed
their highest confidence, approved by the
representatives of the state sovereigntIes,
anu placed by the people tn, mselves IN
situa ion which exempts them from all un-
due influence
Bul tnis is not now question open Tor
consideration. Tie constitution has deCl-
ded it.
Alter expressing some doubts respecting
the pnpri.tl o. that great American pin
eipic, tne Judiciai right 10 dec!te Oh the
supre".aoY o. the constitution, arlsh'which
Is iusepaIablt from the idea OF pafanIouht
Law, q Wlittet COu>tltuuUn he ADDS, but
.he D. sent ctalm on tie part OF the judicia-
~ Is 10 give unilmited powers II govern
memt oniy clothed DJ the peope with those
which ale nulied. q CLAIMS The night, IN
effect, to change The government, 10 con-
vert tede raj into Consolidated govern
ment."
Hamuden leaves us to search for that
parl OF the opinion III which this claim Is
asserted. Is in II the following - his
government is Acknowledged bS all 10 be
one of enumerated powers. he prlpcl-
pie that il can exercise only The powers
granted TO ii w ould seem too apparent, &C
Ii not in this, OF in such as this, for the
opinion abounds with them, IS 1t lnsepaFa-
bic from the power OF deciding IN tue last
resort, all questions "aris'ns under me
cons,itution and laws" OF tue United
Sta,es =? Ii he contends that 1t Is, answer
Ma, ,he constitution has expressly gwen
the power, and the exercise OF II, cannot
BE the assertion vi right to change that
Instrument.
Hampden again demands the clause IN
the constitution which grants this JurIsdic-
tiop. IL be necessity" he says, "of
showing an express provision for right
Slammed by one OF the contracting parIles
topass finally OH the rights or powers OF
anoiher"''is increased when the right Is