Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-05-15

these principles BE received as orthodox
what remains 10 be done towards the
complexion OF tile great scheme of one
consolidated emiirr? II any thing is
vet wanting, il will be mare than supplied
by the loose and Underlined principles oI
construction in winch the supreme court
so freely indulge. II the independence
ut the states Is any thing but name, a
revolution has been effected in our cOun.
'rv, anu we no longer enjoy that cons,i'
tuition which our fatlers have given us-a
revolution NOT the less 10 be dreaded be-
cause u Is accomplished without the noise
ct arms, or because il approaches us IN
The iu>idious shape of construction, and
not in the avoued form of usurpation.
but u is supposed, that the judiciary
are safe ami Impartial umpire between
The states aud federal government aud
ironi this opinion OF their >ancihy, their
decisions. even on political questions,
nave acquired an authority winch is al
most incredible. As blind confidence is
HE most dangerous oi all errors, | Think
] cannOt do better ii,au devote The re-
naming par, OF tins introductory essay,
TO The examination of this prevailing
opinion.
II ought in the frs, place 10 he recul.
NAV 'tNi ~ Uut fHt
only danger 10 be- appi eiirndcd by The
STATES IN airy collision With The federal
governments. Even The honest errors Of
The Judiciary may he attended with
alarming Consequences. The balance of
political pow-. IS ION imporiah; d stake
To hang OIL The wisdom of six mrn....
Besides, il Is hardly possible that they
shnuld come 70 The bench with minds
perfectly unbiased oil The grca, political
questions which may ~ any time divide
The country. Most, II not all of them,
have been actors on The political Stage !;
nav" taken decided parI on one side or
The other and their aft ctious have been
enlisted with party. Unless, therefore,
The ermine can purity The hear, from all
liz human irailiics, wr have no Ipa.on
cxpei Wisdom Without cloud, or virtue
wi,honi alloy.
As the J7diciary ENJOY no peculiar cx
emii'iuu rum the COMMIT u errors oi The
human niIIti. so their errors are infinitely
m"rc dangerous than those OF ANY other
department OF The government. They
are IN great measure placed above con-
troi. Iaeir pnwer is an indeieasIble free.
bald !"r, Heir amepabiiily 10 inlptach
meut IL Tar too distant and rrccariuus a
chrrk, Z" have any Influence un The pre-
senl qnrslinD. Brside-, il ~ an ackuowl.
edged piinc!pie, that this check Gnrs not
apply TO III honeSt errors oi ftr judiciary.
fheir principles of Gecisi.'n loo pre-
c'ude ihe hope al any amrndUeni. They
are governed entirely by precedent. One
error brcnmes The parent of MANY Others
am NAes the law irrcvocabIy for ali FIXTURE
Jnhi'iahes. however they may he dispns~
Ell 10 fr'iace their sicrS. he maxim
%are decT@S IS The presiding star OF cour
OF justice.
Another source Of error which does not
aEect The integrity of HE judiciary, but
"iich oHahi IN diminish cur unbounded
c"hhdence, is The aScrndancy wIlicI, one
man ihi $ gam over his associates, in the
course OF long and intimate intercourse.
iGIs Is law OF hh;nan nature. We see
1t exFnplifie Ell i'll all lie ranks OF society
ah" Ill tile occupations OF man. SUPERB
or talents aud address will for ever al
tract The homage of inferior minds. ii
~ said that There we're but two Instances
oi Division ofopininn in the court ,f
KING bench, during the long period 81
l-ord h!ansfieid's administration in tina,
e"art. When We consider the grea, varie-
~ OF topics contained in tiir opinion of
~" se3rrme court the absiruse nature
az ihe subject ;~-ihe fime!spun thread Of
some of The arguments I'VE cannot well
account iur the perfect unanimiy which
existed on that OCCASION without re sort
lug !" some other supposiion than the
tree exercise of ind pendent judgments.
Surprising the federal and state govern
mems 10 be arrsycd against each other
III struggle for power, {and that period
must inevitably come, II il has not arr
rived ahead! the former will undoubtcda
~ select such men 10: Judicial appoint.
hlcnts. "a will be favorable TO their views.
To suppose thai such a tribunal will be
a lar aud impartial umpire 10 decide up.
on The preienSIons OF The states, is 10 add
mockery 10 wrong. II will be according
to phrase IN The law, gaaSe committere
egnnm iTpo al devOramdum.
Although The independent tenure IF the
JudiclaI "ttlcc secures lis Incumbents from
ihtfm'datTOn, u By uO means renders them
inaccessible 10 the allurcmenis Of hone.
The time has been when Chief justices
were appointed 10 splendid embassies {;
and although this practice has been dis
voninned Tor some years, there il no
reason Why the members oi The iuLicia
~ should not aspire 40 Tile highest no
nors OF he country. The STEADY adler
ence 10 federal sApIeBlacy, will be an
indispensable passport to federal honors,
HE states Cannot enter into any com
petition al she auction OF talents, with tsar
federal government. Tie eciat attached
TO the gr al national theatre, must for
ever cast into the shade the unpreleneinV
dignIiies OF the siaICs.
There Is yet another consideration
whIclI deserves no less attention than
any OF lie foregoing. There is a primer,
pc IN all political aud corporate bodies
which is generally known by tie name
OF esprit dc corps. II is lhis principle siIicl
leads every man TO pursue with zeal the
interest and aggrandIzpmeni # The par
iicular caste or seci 10 which he may be-
long. The individual member parlake,