Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-06-22

iauce, anu sound the alarm To the people
Another writer entitled I'd consideration
has also said, that IN case of attractions
OF the constitution, blythe gene, al govern.
ul"n'. The stale legislatures III sound The
, alarm as MAS done hy thai of aIassa.
chusei,s, IN relation 10 wiiai has zen
called the stability of sta,es(F)
la the Virginia convention, il Was said
by MIR. Randolph. that If congress should
attempt an usurpati"n oi power. The in
nnence OF The state governments will stop
u M The bud of hopNgg); and again, thai
the, states can combine, 10 insist on a .
meud,ns the ainOiguilies In the consti-
tuiion(hkl.
In the celebrated report OF 1890 il is
stated, as before has been said, thai the
authority OF consultations Is paramount
over thai OF soyernmenisliO: that IN case
Oi AN iufraciion OF the constitutions, The
states have right to iDicrpoSe, and arrest
Tie progress OF the evil(kh); aud ihdlit Is
essential To- the mature of compacis, that
when resort eau be had ~ no tribunal
superior 10 the -ati liosiiN oi iie parties, lie
parties themselves Wust be The rishtitI
Judges, whether the compact has been
violated, and that, in tins respect, there
can be no tribunal above ,heirauibori,>( On.
II is further stated, in the said report,
that ii tiis cannot br done, Their, would
br auend of all rel.et from uSurprd pow er,
and that the principle OH which our iade.
prudence was established, would be viola
laied(nun). II is further said, iha, The
judiciary Is mi. IN such cases, competent
tribunal, Tor that there ma, bemany cases
of usurpaiion, which cannot he regularly
brought before il: that it one of The par
mel IL nt m ttal. al
competent Judge, nr.ihrr can lis Snbordi-
nate departments and that, in truth, the
usurpalion may he made. by Tie j,:tiicia,y
itselfnn}.-lt is further sad, thai The lasi
resort by the judiciary, is in RELATION TO
The authority Of the other departments of
the government and not la relation 10 the
rights OF tile parties 10 The compact under
winch the judiciary is deriveu(0o); and
That on amy Other hypothesis, the delega
tiun oi the jndIrial power would o,aui The
authority dclcgatiug n, and lis concur
renee IN usurpalIOn, might subvprl, fore
ver, that constitution which all we've in
lensied TO prescrve(pp).
II Too, SAYS the report Of l799-pa 10
the acts OF ilIe judiciary be raised above
the authority OF the sovereign parties To
the CONSTITUTIONS, so may the decisions Of
the other departments ofthe general go
vernment, which are not carried before
thr Judiciary, by The forms of the consil-
tution.--IhIs would subject The state
rights Ia violation by the chief erecutire
magistrate also, wiiliont appeal
There nave been some judicial decisions
III full accordance viii, these principles. In
the court of appeals Of Virginia. in the
case of Hunter v. FairiaN(gG), that court
deemedii lis duty 10 declare an ACT OF
| congress unconstitutional, although II had
been sanciloned by The opn'on of the
supreme court of the Uuiicd States. III
| made this decision, on behalf of what il
deemedihe reSe,Uedr'ghIs of thai state I'm
| der The federal compact. In the state oil
Pennsylvania, IN he case OF the common
| wealth v. Cobbrii(,r), the supreme courl,
with the learned and venerable NJ keau
al lis head, resolved III the most explicit
TERMS that all powers moi granted 10
The government of the Uniied States,
| remained with The several states That the
federal government was league orireaiy
made by The individual states as one
patty. ani all the states AZ another; ane
that when two nations differ about The
| construction Of league or treaty existing
| between them, neither has the exclusive
right to decide il /; and that # one of IN,
states should differ from The United STATES
| as 10 the extent of the gran, made I,
! them, there is no common umpire betwecI
| them. but The people and went on. IL
| render a Judgment botlomed on iiies.
| principles. and in opposition to The pro
Visions ~ all act ut congress.
| The legislature of that state, also, by
all act uisIrncting their senators, 10 oppos,
| The proposed bank law of lSi l(Ss), has
slIrwn It's entire accordance III ihrsr priu
cIples. The terms of that act are 81
| enpliaiiral and appropriate, that mus
| beg leave to quote part of II, III lace cerbt
| viz.
| EN- tie general assembly IF The common
g weafM Of Pennsylvania The peop!e o
" The United States. by the adoption o
/" the federal constitution, established th'
general government, furspecifed purpo
" ses, rcServing to themselves, respective
"ly, il4e rights aud authorizes not delega
"icd IN that instrument. TO the co1ipac
thereby created, each state acceded init
character as state, and is a party, IN,
Unncd States forming as ioli. Tie othe
party. The act ot union THUS entered
iDto, being to NIL iniehts and purpose
n treaty bctWeen sovereign states, tn
general government, 10y Tins treaty, va
not constituted the exclusive or tina
judge OF the powers u was 10 eXercI e
Tor fiji were so TO judge, then It's jnig
meut, aud not The constitutions, would b
The measure of lis authority. Shoul
The general government, III any of i,
departments. violate The provisions q
the constitution, it rests with the state
aud viii The people to apply suiiahIert
mcdies.
With these impressions. the legisla
ture of Pennsylvania. ever solcii0us I
secure an administration Of The frder;
aud state governments cnniOrmabiy Z
:" HE true spirit ol then respective const
"tuiions, feei ii tlleirdui 10 express the
; Sentiments, upon an important snbie,