Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-07-06
No.

Considerations on the Opinion of TIE Sa-
preme Court, IN the case Of CoHENs Is.
VIRGINIA.
come next TO the consideration of some
OF the difficulties which are supposed to arise
our OF that construction of the constitution to
which incline. And here will remark that
TINS is species OF argument, of which a mo-
nopoly would seem to be claimed by advo-
Gates for the extension of the powers OF the
federal government. The danger TO the in-
dependence OF the states, the evils to which
tie state institutions will be exposed by par.
hcillar construction, weigh but as dust in the
balance against the most visionary suggestions
of embarrassment or difficulty I'M the admin
lstration ofthe affairs of the federal govern
ment The possibility of its encroaclnnents
seems not to be considered an admissible pro-
position THE exalted character of those
VINO I'LL It's various departments, their strong
state partialities, their purity and disintefest
edness their exemption from the frailty of a
love OF power, or the influence of an Espris
az corps, and the galaxy of virtues by which
'hey are adorned, are sufficient security
against an usurpatlon of powers, not granted
by the constitution Besides all these yalua-
Die safeguards, the Judiciary possess the addi-
tional advantage of being secured by the pcr-
manency and inyiolability of their affairs from
the influence of the opinions of the nation.
ana we have tie happy assurance that lis
members viii always fearlessly promote their
notions oil the true theory of the constitution.
unn'oved by the lnurmurings of the discon-
tented, OF the spccious objections of tbe far
tious state politicians. If their view Of the
character OF, our government is favorable 10
the preservation of the powers of the states II
is vel But it they should originally have
possessed, or should have acquired, by being
ioentltled with the administration, strong
!eailhS I'D FAVOR OF ITS powers, and an. alarm
ing conviction of "the tendency of federal
governments, rather to anarchy among the
members than tyranny in the head's: The
state authoriies- though they might venerate
the purity oil their motives. and admire the
powers OF their understandings, and acknowE-
ense me independence OF their spirits, would
YET make no reason TO congratulate them
serves upon ITS effects. The time has been,
when this Independence of TEMPER. and y
laudabie desire mo doubt y to support the con-
stltuted authorities of the union, led the fede
raj Judiciary to pronounce the sedition law
constitutional, and to enforce its provisions
even IN 4 state which noursShea a party that
deserved to be "humbled in dust and ashes .
1t was an instance Of the exercise of AUTHORITY
which did not tend indeed to support the "a
yorIte aphorsm of {" tendency rather IN
anarchy among the members, than tyranny in
the head ;" hut which has nevertheless not
weakened the confidence reposed in its truth
Accordingly we see, that although the virtues
are likely to abound sufficiently in the general
government to secure us from encroachment
yet there are not enough left for distribution
among the Legislatures and judiciary of the
state governments, to assure lis of the obliga
lions even OF an oath on their consciences or
10 preserve us from the anarchy conseouent
upon lcentious violation of the constitution.
Hence we are told by the supreme court, thar
the denial of appeals from state decisions in
prosecutions against individuals would pros
= trate the government and its laws at the
ieet oil every state IN the union. What pow
or OF the government ii is asked could
be executed by its own means in any state
disposed TO resist its execution by a course
OF Legislation" If the individuals acting under
federal authority are exposed. without anneaJ
TO Judgments for penalties imposed by the
state legislatures for executing the duties of
their office ?-lf in the federal convention.
which formed this constitution, there was so
little calculation made of the virtues of the
members OF the coniederacy as is implied in
TINS enquiry, 1t would not have been surprisinr
Ii they had taken away the right of legislation
itself. Ono member indeed did desire If. and
boldly suggested what was equivalent. Gen
cral Hamil.on's plan ofgoyernment, which is
now before the nation,1 did propose, " in order
" to prevent the passage of laws by particular
states, contrary to the constitution or laws
OF the United States that the governor Of,
president Of each state should be appointed
{" by the general government, Nth u negatire,"
mot even gualihed) "upon the laws about TO
be passed in the state of which he might be
governor or president" The proposition
seems not to have been countenanced. The
convention provided that all officers of the
state government, whether legislative or Judi
CARY, should take an oath TO support the con-
stitutOn. This oath Of Office was the only
bond, besides the influence of public opinion.
on which they relied for security against vio-
lations ofthe charter Of government, even by
those whom the temptations power and the
ailurcments of ambition might lead TO an
abuse Of their trust and an extension of their
authority. executive, the congress, and
the judiciary Of the United States, were to be
restrained alone by the same oath of Office,
and by responsibility TO the same public opin-
ion.-If sufficient for them, why should we be-
surprised that the convention confded some
what to the influence of the same restraints
upon the officers ofthe states On these, 9th
or wcighty considerations conspjre to produce
yet greater solicitude to keep within the pale
ofthe constitution The powerful influence
of the general government, the dangers of a
serious conflict with il by one of its members.
the responsibility of breaking mp this happy
scheme ofthngsby the introduction ofanarchyy
and confusion, the appalling fear of being hand
ed down TO posterity as the base incendiary
who had applied the flaming brand to the fair
temple of our liberties, are considerations that
must have been duly weighed as likely to for
tfy the respect ofour people for the oath TO
support the constitution. m the momentary
nrrifn,,nnnf Of ,,nrfu znnI or from fIn o,,..r.,