Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-12-04

Which, Congress has exclusive jurisdiction, by
| supervising and CONTROLLING the decisions OF
| cue STATE courts upon municipal regulations of
| tlicir own, intended To preserve the morals oG
their citizens. Although il is admitted that I'M
ger thc provisions OF The particular act of Con
;s'css authorizing inttcry, for the benefit of
snc District of CO!snbi,, the vendors of The
ucketS were not protected from a lial,ii-
ny /" punishment for attractions of the state
! laws prohibiting sale of them in ih,. resl;ec-
ave states, 1t h.,s intimated It's opinion in 4
manner which admits of little doubt that even,
IN support OF regulations framed by Congress
Tor the District of Columbia il may dispense
with, or overreach the municipal lws of =
state whic!, are in conflict with them.
! The principles thus contended for nv the
supreme court, are manlfestly calculated to
impair most essentially the sovereign rights
retained by the states, and utimatelyto change
the charactero fthe government from constitu-
tioh of limited and defined powers, to one in
vesting unlimited authority. The supreme
court OF the Z. States has long attributed TO
Congress discretion To use any means they
may Judge expedieot TO carry power speci-
led In the constitution into effect. Ii AFRO
gales To Iiseli, always, the high authority to
Judge exclusively in the last resort, how far the
federal compact is violated, and to arr;,ign be-
fore 1t no, only the decisions of the state
courts, but the states themselves.
As the states are parties 10 the compact il is
.he'r duty 10 exercise properdegrcc of yisi
lance and energy To prevent It's violation. In
d difference oi sentiment as to the authority
conferred by the federal constitution. il surely
cannot he pretended to b. an exclusive right of
one oi the parties to decide whether Il power
is conferred or not, and particularly not the
party who claims lis exercise.
II the principles plainly upheld by these opin-
IONS and decisions are successfully maintained
tits manilcs that the amendment To The cons,i-
tuition intended To guart! the sovereignty oi the
states has no longcrany force, and the adoption
oil IL has proved a vain measure. The definition
ofpowers granted is no longer of any use the
limitation of those powers and the reservation
oil all remaining powers to the state govern
ments which before possessed the whole. are
no longer ofany avail. If Congress can pass
all laws which 1t may ever ON any occasion
| deem necessary to carry any power imputed
to It's government into effect il is evident that
thot government is one of unlimited powers by
| construction, Whatevcr may appear on the
face OF the constitution to the contrary. lfit
can go 10 the outer limits of the field OF le,is-
iaiion, presented to it by the States, IL will
eventually soon occupy the whole field so full
| ~, that no decision can be made i'm a state
| court, which may not be construed to invol, Q
some law of the q. States. and be therefore
reversible ut the vii! OF the federal Judiciary.
The state courts will then be virtually anniki-
lated Tor their proceedings VIII he sub iects oil
jealousy until they brcomc useless c,,ren,o-
mics.
The constitution of the United States is a
| durable monument of the wisdom and harno-
ny OF times past. lis very impericctons cons.i-
tlte an impressive memorial of the necessity
Tor good faith IN the passing and liz future
Times 1t IS not mystic writing given ia
| charge to The federal judiciary as 10 "A priest
hood to be cnvrlope,- in studied ohsctuily.
consulted through gnazes, and made 70 give
such responses as may suit the peculiar INV
OF political eNpediency, OF incuinbents of an y
political sect, at any period. But to argua
against the unconstltutonaty of the jurstiic-
tioI asserted, and the pretended consrrvatiy va
powers.assumed, after the dignied and en-
! phatic declaration made by the last Legislature.
Is useless, and can produce no good couse-
qucnco.
The only legitimate remedy, whether sur,
and lasting time will sIiew, agains, the ccr,ai,
effect of this elferyescence of judicial ambition
which il disayowed by the present enlightened
Congress, may hereafter be tolerated or en-
couraged by some other, is unqucstionablv n,
amendment To the constitution. ceniiniue, boil
the power claimed and the Jurisdiction assert
ed, within such well defined limits ms may
make the state governments SECURE against th,
fatal consequences of . right existin,: in othe,
tribunals, to revcrss the decisions Of theirs
upon matters of Their own internal policy, an;
iii tribunal created by one party to .he com
pact, TO declare in detail what that compact In
tended
i Antcipations foil ofdespair for the fulur
welfare Of the Union must nnayodably accom-
Pany the harsh supp0siti0n that the alarmin,
assumptions IN ques ton can have hnd thci
origin in wllfui error, induced by motives o
political eXprdiency connected with views O
government very different from those Of TN
trainers of the constitution. IHey must hav,
had the same understanding of the dilercn
clauses of the instrument at that time ii no
) similar intentions when they assembled, o
views in the discussion. III then gave So
Tenn pledge to support it, rs il came from
their hands. All declared il TO be the bcg
contrivance they could make to hiring TN
whole power and influence of all the states [,
bear, in mass, upon foreign nations, in peac
as well as in war, without diminishing their in
tcrnal means OF preserving tranquility, Of en-
couraging virtue and knowledge and promo
ting prosperity TO any of them. If all did no
deprecate consolidation, as much rs disiniO.
it was because a few had not the foresight +
Z discover that corrupt, magnificent eXtraya
giant, inpoVerishing and cnsaviug government
J must be the consequence OF it. II IL be sal
{, that the minority then has become the MAORI
ty noc, let it be put to the test by another cor
vention. The highly distinguished citizen
VINO compose the supreme court at this tim
are far above the inputation of had faith. eve
poorly defended by any consideration Of eg
pedlency, hut they are all certainly too learn
r ga to have unintentioual error attributed t
them without painful doubt. The Gloom &
tins prospect is not little deepcncd by fh