Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-05-25
RICHMOND. MAY %, 1921.
: - fOR 1'hE ENQUIRER.
ON THE LOTTERY DECISION.
IA The People of The United States

-ou the subject ofthe late decision of the SUI
nreme Court, in the case of C0hcns against
The STATE of Virginia. l address you on that
great subject, from no light motives whatso-
ever. Far less have / any vain desire, to ar
raw my self against the very able pennian, by
whom that opinion was composed. APP
proach YOU. on the contrary, with Il heavy
Heart. address you under solemn CON
y;ction, that the liberties and constitution of
our country are endangered deeply and vi
tally endangered, by the fatal effects of that
decision.
Drawn towards you, frl'ow-citizcns; by
every tic which can attach man to man {:
deeply penetrated by al! Those fond endear-
ments, which bind the anc tons of man
IL his native country, ought ! to sit silent,
under such circumstances Ought not to
raise my feeble voice, in behalf of the liber-
ties of myself aud my childrens' children, to
the latest generations ? Ought mot To move,
when your liberties. and those OF your latest
posterity, are in peril
trust that my address 20 you, fellow-cit-
liens, will not ~ deemed presumptous.
address myself To you, because you, alone,
are able tn afford relief. 1 address you, in
Your primary and sovereign character : and
| pray you, In that character, to correct the
proceedings of your subordinate agents.----
1 address you, also, in your peaceful char
irctcr. | want from you, no instructions,
mo- fchsllicns, no revolutions. IL would be
almost a perverson Of terms, to ask the
sovereign people, 10 rebel against the acts of
fir,ir inferior agents. | ask from YOU 10 re-
yointior, but what consists in the prcscrya-
ton OF an excellent constitution. | require
from You, no insurrection, but that of a fire.
fiueut recurrence tn fundamental principles.
My appeal to you, trust, will not be
made in vain. You are the same American
people, who, twenty years ago, put doSn
an infamous seditioD-hw, by the mere force
OF pubic oprion. YEA ! and you also put
down, Herewith, the equally infamous judg-
snents or The federal courts, by which that
atatatc Was enforced. You put down, with
-itaGgnation, and with scorn, those unjust
judgments, which had fined and imprisoned
divers Of our citizens, for exercising the sa-
cred rights OF speaking and writing, guaran-
Tied 10 them, by the constitution. Where
Is Ro,0 that act, and where are now those
Judgments ? Cruciiied, dead, and buried
They have descended, together, to the tomb
of the Capuiets, and peace be TO their
snInes--i am sure that Iay appeal tn YOU,
will not be heard with indifference. You
are the descendants Of That nagnanimous
ssctcd the atnaaimous Judgment, Of f.ceioe
high and erniled judges, in the famous case
nt slip-money. That Judgment had assert
cd the right Of the king, 10 levy taxes, with
out the consent of parliament, and, thus,
had put tte axe to the root OF the cons:itiI-
lion d. England. That Judgment, resisted
by the iirancss and virtue of the illustrious
HANPDEN, cyentuated III tins that some
Of those judges changed their opinions, Others
We're iapeachcd, and the Judgment, itself
was ultimately Cancelled by both houses OF
The English parliament, as well as by the
voice of tie English people. 1t was unani-
mously declared by those houses TO be, con-
trary TO the constitution, subvcrsive OF the il
berries OF the people, and contrary to the pc
tition ofright. (a)
THE Judgment row before us, will not be
less disastrous, in its consequences, than any
vi these memorable judgmcnts.-It COM
pleteIy negatives the idea, that the American
states have real existence, or are to bc. con-
sldered, in any- sense, rs sovereign and indie
pendent states. 1t does this, by claiming a
eight to reverse the decisions of the highest
judicial tribunals OF those states. That state
Is on-entity, as a sovereign power, the de-
cisions of whose courts are subjected to such
a revision. Its an anomaly in the science OF
I'LL lilC tiil5 vi hlucDetf-
dent government, are TO control and reverse
the Judgments of the courts of another.
The barriers and boundaries between the
powers of two sovereign and Independent
governments, are 50 high and so strong, as 10
defy the jurisdiction, Justly claimed by d SUI
perjor court, over the Judgments of such IS
are inferiOr.-Ths decision also reprubates
the idea that our system of government is
that of confederation of free states. Thai
Is no federal republic, in which one of the
parties to the compact, claims the exclusive
right topass finally upon the chartered rights
oianother. In such government, there is
M common arbiter of their rights, but the
people. Ifthis power OF decision is once
conceded, TO either party, the equilibrium es-
tabllshed by the constitution is DESTROYED,
and the compact exists, thereafter, but in
name.-This decision also claims the right
to amend the federal consultation, az the mere
will and pleasure of the supreme court. The
constitution is not the less changed or amend
ed, because it is done by construction, and in
the form OF a decree or judgment. In point
of substance, its effect is the same and this
construction becomes part of the constitu-
tioa, or of the fundamental laws. 1t becomes
50, because it is not in the power of the Ordi-
AIRY legislature TO alter or repeal it, This
construction defes all power, but that oil
the people, in their primary and original cha
racter, although, in effect, it entirely changes
the nature of our government. This assump
ton OF power is the less excusablc, too, fell
s2w-ciiizcns, because no government undes
n Heaven, has provided SO amply as ours, fol
necessary amendments of the constitution
by the legitimate power of the people.-Thii
SECESSION also touches the sovereignty of the
states, in another very tender point. II nul
lilies a statute made by one ofthem, to pro
mote the morality Of her people. II doe'
lhls, at the instance Of the petty corporation
~ the city OF Washington, and the statute o
Virginia is made TO yield, TO an ordinance o
IL a 4 Il Al =.