Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-06-11

breaN Gown TIE barriers OF lie cOnSliitl-
ton. by general act declaratory OF their
power. That measure was too bold for
these epheneral deputies ofiIie people -
That people hold them IN check, by "a
short rein, and would cousign them to
meriied iufamy, at the next election.
They have adopted safer course. CreScit
Eando is their maxim and they have sue
ceeded IN seeing the constitution ex-
pounded. not bywbat il actually contains,
hut by the abuses committed under il. A
new mode of amending the constitution
has been added to the ample ones provid-
ed IN that instrument, and the strongest
checks established In IL. have been made
to yield to the force of precedents The
time will soon arrive, If ii is not already
at hand, when the constitution may be ex-
pounded without ever looking into ii by
merely reading the acts Ola renegade con
gross or adopting the courageous doctrines
Of Pickering, Lloyd, or Shelley !e)
The warfare waged by The Judicial bo-
dy has been Ola holder tone and charac-
ter. Ii was not enough for them TO sane
ton, in former times, the deteslable doc
trines of Pickering IL Co. as aforesaid I:
II was not enough for them 10 annlhilate
the freedom OF the press, by incarcerai-
| ing all those, who dar,- with manly
freedom, 10 canvass the conduct OF their
public agents :(h) it was not enough for
the predecessors of The present judgcs(i)
| topreach political sermons fromthc bench
OF justice, aud bolster up the most upcon-
| stitutional measures, OF the most abAn-
dosed of our rulers ii did not suffice 10
| do the business i'm detail, and ratity, one
| constitution. That process would have
been TOO slow, and perhaps too trouble
some. II was possible, also, that some
| Hamplen might make Il stand, against
some ship money measure of the govern
ment, and although he would lose his
! cause with the court, might ultimately
gain IL with the people. They resolved +,
therefore, TO put down all discussions of
the kind, in future, by judicial coup de
main: 10 give a general letter OF attorney
10 The future legislators of the union and
TO tread under foot all those parts and ar
ticles of the constitution which had been,
| heretofore, deemed to set limits 10 the
power of the federal Legislature. That
man must be deplorable idiot, who does
mol see that there is no earthly difference
between an unlimited grant of power,
and grant limited in lis terms, but ac-
cOmpanIed with unlimited means of carry
ing II into execuiiOn.R)
The supreme court of the United States
have not only granted this general pow.
er OF attorney 10 congress, but they
have gone out of the record TO do it, in
the case IN question. 1t was only neces.
| sary, III that case, 10 decide whether or
not the bank law was necessary and
proper" within the meaning Of the cousti-
tuition, for carrying into effect some oil
the granted powers; but the court have,
| I'm a..
constitution. There is 10 essential differ
ence between cxpunging words from all
instrument, by erasure, and reading them
III sense entirely arbitrary withtbe read
! er, and whiclithey do not naturally bear.T
| Great as Is the confidence Of the nation in
| all It's tribunals, they are pot at liberty 70
| change The meaning OF our language.
might therefore justly contend, that this
| opinIoD oi the court, in so far as II out
| goes the actual case depending before IL
and SO FAR as il established general and
abstract doctrine, was entirely extra Judi
cial, and without auihority.-I shall not
| however. press this point, as II is entirely
merged iuanolher, which Ibelieve will be
found conclusive namely, that thai
court had no power 10 adjudicate away
The reserredTighis OF a sovereign member
OF the coniederacy, aud vest them in the
general government.
! Ii results from these remarks, Mr.. Edi-
tor, that my opinion is, that the supreme
court had no jurisdiction iustifying the
! judgment which il gave, G. that il decided
the question wrongly. The power of The
| supreme court is indeed great, but il does
moi extend 10 every thing il is not grea'
| enough To change the constitution.
These points shall endcavor TO maintain
| in
| shall also briefly touch upon the bank law
| of the United States. Thaiaw is neither
| justified by the constitution. nor raiifeC
| by amy acqulesceuce.
Had this opinion Of tho supreme court
how ever, not been pronounced, shoulC
not have deemed il necessary 10 addres.
| the public, Oh the subject. j should no
have been moved by any particular mea
sure OF aggression. know full we'll thai
however guarded our constitution MAY
be, we must submit 90 particular infrac.
| lions of I'll know that our iorefathers
OF glorious and revolutionary memory
submitted TO many particular arts of op.
| preston, inflicted upon them by the Brit
isli parliament. / know that "all expe
| renee hath shewD that mankind ere
more disposed to suffer while evils are
" sutferable, than 10 right themselves by
= abollshing The forms TO which they are
accustomed: "(m| -aud know that il was
only the general declaration by the Bri-
tlsh parliament, OF their right al TO lrsis.
" late for us in all cases whatsoever" (n
That combined The American people
Us one man, against the expressions d
the British ISraui.
Such declaration is now AT hand. Il
exists, lnthe opinion Ofthe supreme court
al al \
\ verntBeni, by the constitution, are stricken
| OFF they have Tfer0IiU fhe uoupr IN Ie ,,is