Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-06-22
ICnMOND, JUNE ee. 1&21.
FOR THE ENQUIRER.
Considerations on the OpiR;oR Of Tie ST.
Preme Court, IN The case q ConEYs u.s.
NIRGINIA.

Considerations on The Opia;oR Of the So
Preme Court, IN The case d ConEYs Us.
VIRGINIA.
MOL.
tits notamOng the least alarming SYMPTOMS
of these tranquil times, that a judicial dec-
sion which has struck vital blow nj the in
dependence ofthe states, has by some been
received with adulation, and by Others sub
mittcd TO as Oracular Il is in no degree
surprising that &c A Fcderalist of 17a9.''#
nurscd in the bosom of that state which gave
to the convention the monarchical principles
OF Alexander Hamilton, should hail with ex-
ultation, and applaud with enthusiasm, the
!, boldest, and at the same time the most viz
orous and able vindication of the most
Alarming doctrines of the federalism OF 1895.
1t Is not wonderful that those who were
bred up at the feet of that political CANA
llel who saw in the supremacy of the fe-
deral government the only principle OF safe
ty, and estimated the greatness of the nation
and the happiness of the people in the exact
proportion ofthe degradation OF the states =
who drank in their principles from that
source, from which flowed a proposition TO
vest IN a president for life the appointment
OF governors with veto upon the laws of
the statesf lit is not wonderful that men
with such feelings and such principles should
be cheered by the ccngenal doctrines main
tanned IN the case of Cohens against Virginia.
Federalism is not dead, but it sIeepeth.n
and well may 1T revive when called into life
by the powerful genius of the chief Justice
III has received its succor from n source. IL is
true, whence perhaps chcctual aid might
fairly have been expected. The feeblest de-
partment of the government has been con-
spicuous of late by the energy it has lent to
the principles of federalism. Enlightened.
and no doubt swayed by the superior intclli
Sence, which in the last hours of am expir
ing administration had been placed at ifs
head, the Judiciary has maintained with dis
tnguished ability, on several interesting oc
caslons, the doctrines which were so vi
gorousiy contested by the republican party
OF 1893. The victories too ofcourts of ms
tice, though bloodless, are. generally deci-
slvc. veneration of the law is easily CON
verified into blind acquiescencc in the res
crpts OF those who pronounce it. The Iaud-
able reverence with which the people of this
natIon'habltuaily bow to its supremacy. is
sometimes the source of toe ready credu-
lity IN its oracles The hot spirit which
would boil with resentment at n violation of
the rights of the people by his representa-
tive, retires from the hall of iudicofurc
humbly acknowledging as errors. whatever
has been reprobated by the sages who nre
SIDE there.-And withal-thc progress of
the Judiciary, though slow, is steady and nm
tirIng as the foot of time .NitHa restig.ia
retrOrSunl, is ITS motto, and its avowed prin
ciple oil wisdom to enlarge its iurisdiction.''
The precedents which are set to-day. amidst
conflict OF Earring opinions, are acquiesced
In as unquestIoned aXioms on the morrow
and the ground which has been once gained
lsnever lost, unless it be reconquared by some
rival jurisdiction. What an evidence does
the present moment afford of our confiding
temper Behold how we sink into lethar~V
after all the excitement of the past winter
Then, no language was sufficiently vehement
to convey our Indignation, at the violation of
state rights, and the indignity to the old do
mlnon. But the wisdom of the sares has
pronounced; the powerful mind ofthe chief
justice has put forth its strength, and we are
quiet as If touched by the wand of encbant
ment I'VE fall PROSTATE before his genius
as though we had looked upon the dazzling
brightness OF the shield of Astofo.-Tri-
unphant indeed has been this laost powerful
ehorf OF his extraordinary mind. His follow
ers eXult-those who doubted, have Welded
even the faithful arc found waveriog' and tbe
unconyinced can find no openinr in his ar
NOR OF defence. But they remain mistaken
IN thelr opinions when they examine the
alarming consequences of his doctrines =
tile pest test Tor the errors and the subtleties
OIL renned dialectics They hold fast to the
ialth, when they look back upon the transac
TONS OF these states from the earliest ueriod
when they trace the gradual surrender of
their powers, and from the proneness TO
strengthen the hands of the federal govern
nent, auSur yet more fatal consequences
from the doctrines now for the first time
promulgated to the American people.-We
VINO scarcely broOked the loose bonds of the
coniederacy, have not only submitted TO the
.FdhiineIS oil the federal constitution, but we
nave IVed TO see ITS cords drawn more close
~ IMAM It's warmest friends had cOntemplat-
ed, or the Jealousy of IFS bittcrest adversaries
had predicted Principles which. in the con
VentlOn OF 1888, were disavowed by the adj
yocates of the constitution, are now unhesi-
tatngly asserted ; and that very voice which
was lifted up to calm the apprehensons ex
cited by the warnings of"t the prophet" now
pToclaims from the judgment seat those
alarming doctrines which, before the assem-
bied representatives Of the people, il had re-
probated and abured.
mention not this TO the disadvantage of
the distinguished individual who has pro-
| nounced these conflicting opinions. No man
| can have higher respect for the virtues of
| MS character, or greater admiration of the
| powers of his mind. But it forcibly illus
trates the proneness four nature to strength
EN- the hands of power, and the facility with
when we slide into opinions of which we
DeieYe ourselves incapable. How little did
ne, at that carly day, contemplate the posi-
bility OF his carrying the construction of the
constitution to an extent so far beyond even
what he then renouncedi Could one of the
aged members Of that assembly have assun-
ed the mantle of Elisha could he have
/ predicted has future greatness, and fore
told not only that the venerated state whose