Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-01-11


wantonness of Construction assumed
"t'i,cu, right. Presidents Washington
enh Adams, .ll The ssccessvr members
pi the Csb,pri. ant Congress itself con-
Cured IA lie principles advanced by these
Seu,lemen. Tbey prove thai an exclusive
right Of Causirr, tion III one party Is
GTsradaii"n al the other, 10 a state Of in
'crlanly and dependence. Their afgu
menis might be applied with grea, force
Ia many views 10 our subject. II the
states made the Union, they demonstrate,
tia, the same consent, necessary To ere
ate. IL necessary 10 coustrue. Wherever
The creating consent resided, there we
are directed In innk for The constituting
consent II would be a aiuch grossrr vio-
Iauom ut their principles, iur no party To
treaty 10 usurp an exclusive night Of con
strung u, than Ter one patty To do so.
As neither the erecwtire, Legislative nor ju-
d'ciai depa' tn,entS IF tic state or federoi GO
re'rn1ents haze erer consented 10 The Union.
no one of these departments can hare an erciu.
SIRE ''2M ~ constituting a. But 1t they did
consent, dn'i by that coGscn,. ar parties,
/ stii! the right to conStrHe is mutual. And il
| thcl are AL To be conSideipd a. the co.ord-
maze departments or creatures at the peo
! pie OF the U Safes they derive a mutual
right 0f construction from tke mutual right
] possessed By The states which they represent !"
Instances abound IN Tie judicial hiSlo
ry ot the several states, OF The most solemn
deliberate saHciion aud confirmation OF
| these opinions of which the following
may suffice la The case ofthe common
wealth against Cobdeti, the Supreme
| Court al Pennsylvania by soIemn and
unanimous judgment refused 10 permit
/ the defendant, who was AN alien, 10 ic-
I Il- ted fI..,,
! pending IN court OF The commonwealth:
notwithstanding the positive provisions Of
the Judicial &c; OF the Congress of the
| u States. The Judges OF PenHsy wanna
| declared In the most explicit terms, that
| all powers, not granted 10 The government
! OF tn United States, remained with The
| several states (; iha; ths federal govern
| meTt was s2lean covenant formed by
the individual states, as one party, and
! by all the states as another HAT u hen
| two nations differ about the proper con
| siruc,ion OF a covenant between them,
neither has the eXvlu,lve right 10 decide;
| that when one ufthe states differs With
| the United States, thsre rs ma cOnnlon
umpire between them bnl the people
and that The commonwealth OF Pennsyl-
wanna could u"i be- directed and CONTROLS
| Ell by The federal tribunal without total
prosiraton OF her dignity and indepen-
| d-nce.
In Virginia, the very same principles
we're raised and reviewed by The Court
| oi Appeals "Ith The greatest considera'
lion and ahihty III The very important
case OF Hunter versus Martin aud the
unanimous Judgment Of lhe court was,
that IN case Of difference % opinion be
| tween the general aui the stale governs
msnis as TO the extent of their relative
powers, created by the constitutional
| compact, neither party is competent 10
bind The other ; that The appellate pow
! er OF the Supreme Court of The United
States does not extend 10 The Stale tIibu,
! mails, under a sound construction of the
constitution Of The Uuiied States and
that so much of the 25il section of the
aci OF Congress 10 establish The judicial
courts OF The UnHed States, as extends
The appellate jurisdiction of the Supreme
Court over the stale tribunals, is not IN
pursuance of the constitution OF the UNI
| ted States
From tins impartial view of The siiua-
ton OF The American colonies before their
independence Of The effects Of that in
dependence of The import aud origin of
the articles OF confederation of the true
meaning ofthat provision in the present
constitution which cOnfCrs judicial DOW
ers or the federal tribunals and from
the c@tempOraneous eXpositious of the
fedeTal compact bS our greatest cOuSti.
tutIonal JurIsIs and our purest patriots,
sanctioned aud endeared as they have
been since by many OF our ~ise-t iud ses
and most v'rtuOus statesmen, the Com
miiee think themselves entitled to con
clude, as The result OF the whole, that
there is no righifHl power in The federal
legislature 10 abroga,e taxes imposed un.
der the authority OF Stale nor in the
federal Judiciary, TO arrsign the sovereign.
~ OF Commonwealth before any tribu.
nal, but that "hich resides i'll the majesty
OF the people.
The best restraint upon governments
Of the popular model consists IN The un,
doubted right of the people 10 examine
aud cOntrovcrt before the public the pro.
ceedlngS of those who administer the
I government. And il cannot be forgotten,
that among the arguments addressed t.
those who apprehended danger 10 libtrt v
from the establishment If The genera
! government over the extensive territory
= OF The United States, reference was con
$ stanily made 10 the intervention of Tho
,, stale governments between the pcopl,
! and the general government, 10 the sleep
. less vigilance with which they would DIES
cry mIsgoverumeni al distance, and the
2 steady promptiiude with which tbel
= would com mmnicae it 10 the public ear
: Warned by the prophetic voice Of on
y fathers thai voice, hich AWAY minis
d teri light In the mlud and virtue 10 tn
i heart, aud animated by sincere anl
y sfectionaie zeal 10 MAINTAIN uuimpairet
the costly herltages of their national Clio
r. ry, lie General Assembly commuulcat
} 10 The world The reasons OF their conduct
) Should human folly or Injustice qups
C tioB these homes hear -ie!l te timonIdIs G
= | 1Neefi,.. fnr tl,o I1cion A moe ,,,.,- a.,