Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-08-17

cur under this law-and therefore SO few H.
ducements to combat its provisions, or 10 OBJ
tain their repeal.
But, even give 10 the Intenigencer MI the
authority " hich itclainis for this Judicial act
allow that the constitution does grant the DOW
er To the federal court to 'overhal aad an
null'% the decisions of the state tribunals dnes
tins come up 10 the conclusion which the IN
feiiiSeiicer would draw from It : That in all
eases the federal court Is Supreme and that
the federal government may exercise a supru-
macy over The states in cases OF collision Is
the Editor Of that paper SO rash rs To rush TO
this illogical conclusion: Suppose lor instance
a law is passed which violates the most sacred
rights OF the statcs-Are they quietly To Wild
to this law, although the supreme court has
enforced It Ii that court passes the ituhicon,
are the states To bow in silence J., that
court. in fact, authorized ultimately to dcciti,
upon the dearest rights of the states : from
their unconstitutional decision is there no ap-
peal To the state legislatures or to the people /:
I-Suppose, az IN the case ofthe Coi,cls the
supreme court should go So far, IS not ONLY TO
bring a case before them, which lad been before
astaie tribunal, but case here state iiS,ifis
party is that state to be " draggedto the bar of
the federal court, without one protest against
this assumed and alaf.ung jurisdiction ? and
IN the very teeth OF the declarations OF those,
WHO duopLcU l;ie consultation
" MIR. Marshall. IN the conv cntion an,p ia In dec led
This against his present opinion He denied that
even IN controversies between stale and citizens of
"roihel state the states could me dragged the bar
OF the federal court. He said tla the express pro,-
sion iii the judicial article, in atoa to tl.;s case
| could not he cxpoundej aS 10 make i sovci ugi
state dcfe1doH, in the federal courts. The opiu on
oil thus vcryab!c man, was tep governed by sub~talce
ana not ny orms. Great principles tiem operated on
MS luminous mind, not harsplitiing qiDblcs. and
verbal criticisms MIR Madison said thai il was not
III he power OF even citizens OF cHor state 20 call
amy state into the federal That the only opera
ton the clause could have would be thai state might
sue citi>ea, plaintiff and that a state should
co'"esoed 10 20 into the federal court plaintiff, tie
court might 'a"c eosnizancc of tic ease.
Yield then all the weight which is claimed
Tor the Judicial act say that the constitution
has actually given This power tn revise the
state courts, how far short is this OF the broad
ground which the lnteliiSenccr would hold
route, ne say, for in no place has il clearly
iaid down its own proposition. Its whole
statement IS confused ; and We cannot clearly
| perceive what X is driving AZ. l-Ifit It's proposi-
ton, however, be, that IN all cases, the SIT
preme court has authority TO decide ulti-
lnately and il il draws this conclusion from
the precedent Of the Judicial act, is logic is as
UNFAIR as lis principle Is untrue. 1t would sill
remain to be proved, that wherever the ST.
prcme court dragged state before IL as a par
ty or wherever it violated the rights of the
states; or trans5rcsscd in auy respect TIE pro-
visions ofthe constitution. that we were bound
hand and foot 10y its decision. 1t could not
follow, that because 0ce power was granted
all were granted and that where any power
was usnrped to the dctrinent OF The states.
! they were bound by tie decision as bv the
| decree OF fate.
On the other hand, we maintain our own
doctrine TO be the true one lis the ONLY one
which accords VIE, the constitutional with
the Rcpubican doctrine Of '9G, aud 'g9-Wc
viii not multiply authorities unnecessarily uu-
on this point. TIE following are sufficient TO
show what were the doctrines Of the republi-
can party:
In the case of Cohbcys Pcnns, yania i was na-
Him0"sfy rcsOvciby the supreme coultur PcuusyIy,-
nia that alipowers granted ilc government OF The
United States, remained with the several states hat
the ie'ie';d government was iedeEc treaty made
by the individual state, party and All die states
as another that ncpr of the parties, has tie cxci
sNc right o consuc il, TO the eNiemt of thcr res
ljccuNe rights ana thai there i 40 commi1n lmn;yc
! between theni, hut the people. The Legislature OF
the same great and patriotic stale, ayoy,cd precisely
similar sentiments la then act in.iuCiiag their Srn-
tors 10 Noic against the Laik law proposed IN Iill
ana added, tha the gcocra! government was NOT con-
siutc.l the exclusive Of hitI nudge OF the mowers
II was 10 exercise for thai ,,cn rs lad ,reuf and
not the constitution would I've the measure. If lis :u-
" tloniy. in the cvlehracd rcrort OF Mr. Madison,
anu WhtCn Wa riilic0 ~ the ia'gi lttllc of Nr
sina Ia 1872 ii Is stcd;hat IL Is essential 10 the ma
t''re OF comparts that when resog; can he had TO no
tribunal superior 10 tie authority OF the ll:tCS. ;he
P'es Themselves nust be the riqhiul iudgcs vlicti,r
II has been violated: aud dat thls was The pricipc NJ
on which Our Independence established IL was
luther resolved therein that tie JUnICIAaY i NOT.
III SUI eases, a comprteml tribunal, for that there
MA be cases OF uSu:paon, which cannot he regular
~ brought before il that il one OF thc PARTIES in such
eases, Is mot amimpartal and competent Judge neither
can ITS subordinate departments be so that in truth
| the uNurpatiou may be made by the jaiiciary HselF
aud That the la,l resort rs the judiciary, is not in re-
lauon Ia the rights Of the parties under the CONNECT
nader which llat judiciary i derived
p" close tins long list OF authorities nv one which
cannot be heard by tie sons Of freedom vii imther.
encc Ii is the authority OF Our mi1.. distn ru she'd
sage and F0troi. HOAlAs JEFFERsoS.-iu DE re 90
luiions adopted by the legislature nj Kentucky in ihe
year li5, AID admitted Ia haze been written h, bin
tits resolved, that the several stitcs couDosDc
tie United States Of america are not united on the
! " principle oi unlimited submission 10 their generr
" government bus t!ia' by that compact, uley corst
inied general government lOrsj ;s.2 p pasoS, dele
gated 10 that government Ccrn'p deffe uJirc s. Pc.
Serr'ng eicl size tn beifPe resi- arr, H,tis ofrigh
" to He" crHae CorcrH2ReE; and ,iai Vhcnsotyci III,
| " general government assumes H9aee~ac{ Powers. IL
are nanthOriiatiyc, r0H and ire force Iha (,
this compact each stale acccdcd as siRe ami is "a
integral party, it, coslatcs forming, itself the
- otIcI party that tire goVcrame created bv This com
pact was Eo' made me ctclpsiie rr fri jgdgc of lh
erieH 0fHe poWcrs dskgcd Dit.l( since thai " oul
pave made lis discretion nnb rot the constitution the
measure oi IT, powers but iai.ns in all oicrcsrs
" OF compact among parties hgsng no common Judge
egci Par'g has on rIR right i,jYdee(or rslC las vel
OF Iniraciions as OF the measure oi rcdress.'
iA-.rDon S5o,y
Such were the doctrile Of Jefferson and
Madison, and tic Republican party, "at those
times which tried mems souis''-; such wcr.
the principles maintained hy that party. whcr
it came into power. Has Jefferson cIaugct
his opinion 10 this day what does mis- letter
scarce one month ok" ,ay Or himi
That il j. fatal hercst 10 suppose tint ciihci