Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-05-25

having the necessary parties. II claims 20 dc
this, i'll all cases whatsoever; or which is
nearly the same thing, in all cases i'm which
the constitution, laws, and treaties of the
United States may come in question. II
claims that right also, at the suit of citizen
of that state; a right utterly disclaimed by
our conventions, and prim1val legislatures
1t claims this right in the teeth Ofthe eleventh
amendment To- the constitution, and of the
enumeration contained in the third article OF
] the original constitution, which specified the
cases in which the states consented to bic
sued, in the federal courts and in which spe-
ciiicatioI the present case is not included
1t claims il, also, in defiance of the tenth
amendment TO the constitution, which pro-
| yides, that powers not delegated to the United
States by the constitution, shall be deemed
| to be reserved 60 the several states.-To cap
| the climax of this absurd picture, the court
| has sanctioned the right of the legislature of
| the district of Columbia, To act by deputy !;
| and has exalted to the dignity of statute of
| the United States, an ordinance of the Com
mon Hall Of the city of Washington. 1t has
| given a force to that ordinance, in every state
| in the union, which is to supercede and re-
! peal their most iindoubted and s;,lutary
| laws power, which statute of the Con
! gress ofthe United States has not which
the acts of no state in the union have and
| which is not reciprocal in favor of Virginia,
either within the territory of this favored dis
| trict, or that of any other state in the union.
| This most monstrous and unexampled de-
! cision, is without the apologies which may
be offered for the judgments of which l
| have spoken. The judgments upon the Sc
| dilion law, might, in some degree, be palliat-
| ed, by being bottomed upon an act of the
| federal legislature and that i'm the case of
| ship-money, was expressly predicated upon
the supposed necessities of the Kingdom
| But the decision before U.S. finds no support
from any statute and is adopted in the most
| prosperous epoch of our existence, as a ma
ton. 1t processes to give a true exposition
of the constitution, and does not deign to
seek Il shelter under the pressure of any cir
cunistances. IT can only be accounted for,
! from that love OF power, which all history
informs us, intects and corrupts all who pos
scss it, and from which even the high and
ermncd Judges, themselves, are not eX-
| emptcd.
| Ii is of 10 account, tina, the Judgment in
question was rendered for the state of Vir-
| gina. That great and opulent state is, in
deed, permitted to retain the paltrv sum- Of
one hundred dollars but this permission is
only grounded, if / may so say, upon the
defectiyeness of the plcadings. Whenever the
actual provisions of an act of Congress, and
Of the ordinance consequent thereon, shall
shew an intention that they should operate
within the territories of the states, different
decision would be given. In that case, the
| supremacy of such act or ordinance. would
be asserted, and the most salutary and ndti-
| bitable provisions of the laws of the states
must .succunb.-It is impossible that the
people of any state can be thus gulicd, by
any decision. The case is, most emphati-
! cally, decided against them. 1t is so decid-
ed, on grounds and principles which go the
full length, OF destroying the state govern
nlents altogether, and establishing on their
ruins, one great, national, and consolidated
| government.
Before go into this subject more parti-
ciilariy, | must be permitted again To re-
mark upon the pretensions-allow me TO say
| the extrayagant pretensions, -of those, by
whom the Judgment before us has been
| rendered. While in other countries the ju-
dietary has been said to be, the weakest of
the several departments of government, and
| has been limited to the mere decision of the
causes brought before it, ours has aspired to
! Il far more elevated function. 1t has claimed
| tive right not only TO control the operations
of the coordinate departments of its own
| government, but also, to settle, exclusively,
| as aforesaid, the chartered rights of the other
! parties to the compact. Being one, only, of
the departments OF the general government,
ii has claimed and exercised right not pos
sessed by them all-that of Judging, deiini-
| lively, in its own cause, in the case of pow
ers contested between the parties to the
compact. 1t has claimed the right to destroy
the compact, by which the states are confe-
derated tosethcr,by constituting that compact
to be, whatever it pleases to make it. In a
government admitted to be defective, all IFS
defects are cured by applying the rule of
PTocruSies, or are amended by the constituting
power of the supreme court: power, which
is equally unnecessary, under the actual pro-
visions of the constitution, on that subject,
and dangerous, as it knows no limits but the
arbitrary discretion of the udges.-Whc that
high court will scarcely allow that any other
government, or any other department of its
own government, can do right, it acts upon
the principle, that itself is in the wrong.
| While it is profuse, as we shall see, in ascrib-
ing the most unworthy motives, to other gov
ernments, and other departments, it arrogates
to itself degree fpurity, scarcely equalled
by the white erniine with which it is invested.
1t challenges degree of infallibility, scarcely
claimed by the arrogant pretensions of the
former Popes of Rome. There is but one
higher grade in this climax of arrogance and
absurdity and that is, to claim to hold its
powers, by divine authority, and in utter
contempt Of the sovereign power of the peo-
pie.
With respect to expressions, or violations
of the constitution, committed by the other
departments of the government they can be
easily corrected, by the elective franchise
and that franchise will be graduated, by the
degree of oppression which is inflicted. But
the court in question claims to hold its autho-
rity, paramount the power of the people. Ii
is not elected by, nor is anenable to Them
4.