The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1820-12-05

tion. II Congress fails Of performing its duty ia
this instance what security can there ever be for
its performing il in any other Or Of what i'm
portance is the controul which belongs TO it to
exercise over the constitution, of WHY admit
ted States
The idea therefore of renting the question
now in agitation OF the conformity of the provision
contained in the new Consultation of Missouri
Tor the exclusion of free blacks and mulattoes
rom its confines. according to the recommenda-
ton OF Mr.. Lowndes TO the judiciary, is not con-
sonant to the constitution of the nation.
In the first place il is a political regulation, a
measure OF state police not proper for judicial
cognizance. Congress alone is the tribunal COM
petent to its determination. The courts Of the
United States, II is true, may vindieate the cv,l
rights OF citizens ia cases for which their laws
previds remedies. But how can they prevent
the violation of poiiecl rights or enforce them in
cases of this kind Can they issue mand ,n,us to
Missouri to admit this odio is class into her pop
uation Can they instate these Obnoxious in
dyduas in the privileges to which they are en-
titled as free citizens of other States! II 10 OBJ
vious therefore that tho action of the judiciary il
Inadequate TO the object of the constitution. and
that the remedies II can afford are althogether
too imperfect for the rights which may be infring-
ed. How can this fee best arm Of the copstitu.
ton break the Gordon which Missouri NAV think
proper to draw round her frontiers to preserve the
purity Of her population The Legislature Of
that state In willing obedience to the prescription
ofis constitution, will feel itself urged aud will
probably want no Involvement to employ all the
elective means in its power 10 accomplish the OBJ
ject. Its ingenuity will be strained and all its
energy sxsrted ts invent efpedients for the as-
complement Of its purposes and 10 avoid the IN
terpos,ton Of the judiciary. whose lame and lin
tied powers will be fatigued and its be ne VIOLENT
agency frustrated by the incessant activity and
interchangeable perseverance, CT ths Proteau spirit
OF state legislation.
But IS II wise moreover to create occa sions for
judicial isterferance with the operations Of the
other departments II has here tofore been con
sldered desirable TO avoid collisions Of this kind
as far as possible, aud te preserve the most re-
spectful department among the coordinate
branches ofauthofity. These different d.po,ita.
fies are undoubtedly inten ,iea as mutual check.
aud limitations upon each other; but while the
exercises of this power by the President the Seu-
ate or house OF Representatives. are almost
always popular, there arc no practice. of
this KIND permitted by the public to pass with 90
little impunity ~ those attempted on the part II
the judiciary, which is ked upon rs per nanen.
s-istocratic body having no,immediate sympathy
with the present suferings, feelings OF opinions
Of The people. -
And how shall this questi N BE- determined by
the judiciary. 10 what ms, ner shall, it construe
the constitution eli Missouri in CONNIE xiou with the
act of Congress! How can it interpret the one
from any extrinsic source except the other. The
report will be laid out Of the question. The text
will survive the comment. The speeches will
form no exposition OF the act, which will be re-
spected as the unanimous and incontroyertib.e
opinion Of Congress on the subject. Can il be
expected then that Missouri will aceuiesce in
any different determination of her claims from
that thus established by Congress Will not
her advocates be instructed TO oppose with all the
proverb'a antipathy Of the south any such con.
s,ructon iverss 10 the proud pretensons of state
sovereignty And would not any such interior
enoe be first resisted and then renouueed as usur-
pation? II may be matter of curiosity TO inanire
how far this pretence resertng to the Judiciary
~ THIS emergency comport. with the ordinary
opinion, OF the Missouri; politicians, even now
feekng from the recent effect Of the Mammoth
Bank decision and IL may be intere sting to an.
t,cpatc what will be the tone OF Virginia IN this
topic. What will be the strain o. the inquirer.
Aud what will be said by Mr. George Hay, or
the venerable John TAYLOR Of Caroline =,
II is vesy certain that those politician. who
now seem aisposed to attribute this exerbit ant
faculty to the national judiciary, have not hereto
fore been remarkably ambitious Of aggraadixing
that sphere Of authority, at the expense OF the
other depart nents. Bat either the claims of
Missouri or the rights Of the ron.tit alton must be
compromised. The mountain must come 10
Nahonet or Mshomet TO the mountain. Yet IL
was hardly TO have been expected that person
Of Mir. Lowndes's exalted reputation and repub.
licansm should become the advocate of such a
composition Of constitutional principles. II may
not be proper to lnputa to a statesman of hrs
ele rated character any SINISTER purpose Ia sur.
prise public opinion or TO suspend its saluiary
operatIon--in proposing TO postpone the consid-
GRAFTON Of the subject. But il The object of his
sugges iion is really 10 court the Specification Of
popular sentiment, il may be sorrowiuly pro
nounced for the instruction Of this eminent indi-
v,dual, that il he is TINS capable Of compromising
the integrity Of the constitution to suit tho IN ad-
vised snd upconsecratod policy Of a section, even
his excellent .ndowncuts and important ibflu-
ence are in danger Of being lost to the nation.
II is To be remarked that MAINE has been
generally friendly to the political system Of the
South. Ia the late war she supported the gov
eminent and on he question respecting the
controul Of the militia she has disc,nnec CT, her.
sell from the enand set up by Massachusetts.
She was also impellei TO separate her condition
entirely from that Of Massachusetts. But AT the
imminent hazard Of her independence and with
her cordial concurrence 49, three fourths Of her
representation voted against the admission Of
Missouri without restriction. Yet when the crisis
was past, this state had the magu anmty TO cleo
= senator of the oent ~ no vnt cd againsf