Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-02-01
.KECHMOND. FEBRUARY I, 1921.
(FOR THE ENQUIRER
THE RIGHTS OF THE STATES.
10 DE General Assembly Of Viyg.nia.

now Deg leave To offer you few far
thef observations upon the subject whici
was partly discussed in my first Mum
Der.
Let rs suppose that the Congress oil
the u. s. should pass law during pc.
Rod OF the most profound Tranquility
suspending the privilege of the writ ol
Hsbeas Corpus.-Le, us suppose them
passing bills of Atiainder-and ex post
facto laws-graDiing titles of nobilty &c.
= lit cannot be doubted but chat any of
these acts would be manifest infraction
OF the constitutiOn--anda most alarming
attack upon the liberties of the people.
II declsions OF The federal Judiciary, that
such proceedings were constitutional,
should be considered binding upon The
aai;on, then indeed might tina, Cousiiin.
zion which has so long been the boast
and pride of America, be very justly re-
garded az a baspiess fabric" The eases
here supposed. may very possibly be con-
sidered beyond the bounds of probabili-
~. But whilst the past history OF our
country will unfortunately justify such a
suppusiion, and warrant the appreiien.
sion that there can scarcely he any act
CT usurpation of which our Federal Le-
gislaiure may be guilty, that will not re.
ceive the sanction Of the judicial branch
OF The gOvrrnment-commou sense pro.
claims The absurdiiy Of contiding 10 the
latter, latitude OF power which may be
so dangerous.
II Is w0ithy OF remark. that during the
very animated discussions which prece.
ded the adoption of The Federal Consii-
tuiion-when its friends aud oppon -nis
were equally active in advancing every
argument which ingenuity could devise,
an support OF their respective opinions
anu when even. The remoiesi conseGuen.
ces which might attend The various pro-
VISIONS OF tliat instrument, were aniicipa
seh and 6iscussed-we can discover mel
ther 40 the valuable essay of the Federal
lst, nor IN The celebrated debates of the
Virginia Convention, any alusiou 10 the
consequences which actually have result
Ell from the want Of a tribunal. properiy
cOu ,t'uied. 10 adjudicate all cous,.turi.
DUAL questions which might arise. respect
.AS Tie relative powers of the State aud
General governments. Il is fair 10 pre-
snme. then, that neither lis enemies nor
tiends ever supposed il capable of the
construction, which ii has of late years
received. indeed tia amendment TO the
Constitution, which Hunts the Jurisdiction
of HE Federal Court, in gases 10 which IA
oiate may be a pariS-and thereby de-
states upon this subject al former peri.
oi-would TO all inirnis be pugatory. il
decisions of the Federal Judiciary. UPON
censiiulionafcontro invnlvImg the
-ighis OF The States, were submitted 10 as
Supceme and copciuSive
~ perhaps will DE argued, t!la; the frc-
Qeency OF our elections may be CONSIDER
Ell as guarantee against the daug
consequences anticipated from the deci-
eions oil this Court. 1t may be urged. chat
unconstitutional laws even though sane
Ipnea by this tribunal, can in no way
eadanger The constitutional rights of the
people thar the fear of incurriDg the
ceiisure OF their constituents, (eyen i. il
should nof operate "a check to prevent
HE enactment OF such laws might pro-
dnce their repeal, so aeon as The sense of
tie nation could be fairly ascertained.
experience, the best oracle of wisdom.
iias cvInced thai Tie security 10 be deri
Red, from considerations of this nature,
against future usurpaiiops, is vesypreca
rious. The Bank of the u. S. will for
years TO come, be d standing testimony OF
che tailacy OF This argument. However
deseryediy odious that institution NAV be
land however palpably subvrrsive of The
spirit OF the constitution Congress cam
moi with good faith repeal the at b,
when IL IS established. Laws NAV be
enacted OF such character, that they
cannot be repealed, so soon as their evil
tendency Is exposed. BY The constiiu-
ron OF The SENATE, moreover, the mems
eers OF That body are elected for a much
longer tcrm than those OF the House of
Representatives. They consequently feel
themselves less dependent upon popular
favour ihan The latter The same dispo-
81 ion might not be manifested by them.
TO REGAL those acts which had given um
bragg. TyranDical aud unconstitutional
laws might be passed by The legislature
sanctioned by The judicisry-and carried
7, Aiio effect by The execuiiye-before any
repeal could be iDtcrposed for the benefit
, OF The oppressed. A Court, holding its
authority by tenure, so much more du.
rable than either The executive, or the
other two branches of The legislature,
would al all times feel less appreheusive
OF giving its sanction 10 Unconstitutional
laws, than the latter would 10 enact them.
Tie opinions Ola court OF such high hs-
racter and responsibility, could not fail,
IN process of time, TO have their influence,
aud TO make an impression upon the
minds OF The ppop!e, who, forgetting tie
bias under which those opinions may have
been pronounced, would, under the saBcr
lion OF surh lIigiIauiboTiiy, gradually be
come reconclled 10 encroachments, which,
Otherwise, they would have Indignantly
EepeIled. Memo repente fuit furpissi-
mus. With equal truth may i: be said,
that The transition from national pride
and jealous love Of constitutional liner
~, 10 snpine indifference IL insensbility
is by no means sudden. The fortress OF
liberty is in less danger from oprn and
ayowed hostility, than from The silen
and gradual encroacbmepis Of unsuspeot'
p1 enemies IL 10 auoinsf tLa l.ttar ,t,ara