Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-04-10

noie sueoe eSipiiy sustai~ iueif Ia the exsei,-
lion OF such purposes. Let aus. instead Of the
stats legislatures, from whom gentlemen seem
10 appsehead so mnch evil, suppose. that
Congress should improperly suspend The ha
beas coipn', should pass bills of attainder aud
ex pest fscto laws the favoiite engines of
tyranny, against prominent individuals in
states. who should first sound the tocsin
against federal nsurpation shontd impose a
direct tax, rot according 10 the census
should impose an export duty shonid, by
commercial regulations. give preferences TO
tue ports OF some states, to Conciliate their
favor, over those of others, which they wished
TO Cypress. Gentlrmen will see that here is 4
pictute frAugbt with as much mischief as any
which they can paiat, in relation to the
siaies These 1 grant are extrema cases. So
mast all te, in relation to the states, from
which SO much evil is appfehended. The
truth il. they ought to have 10 weight on
either side The constitution has provided
no remedy tor evils of this kind, because
whenever the people shalt have arrived at
this point of corruption, tho body polite
mnst perish. A government may remain de-
hneated upon paper, hut for every purpose of
practical effect, Il will be .aDnihilated. IL
would be a. useless, therefore, for the consti-
tation to attempt TO furnish a remedy in this
cass. az for physician TO administer medicine
to patient who Is dying.
And will tell gentlemen, that whenever the
states shall he determined to destroy fI,e Fee
derai Government. they will not find il Deces-
eo' W uCt, anu 10 tCt IN VlCIdtlOu OF the
constitution They can quietly and effeciuaily
accomplish the purpose by not acting. Upon
the state legislatures. il depends 10 appoint
the senators and presidential eieciors, or to
provide for their election. Let them met civ
not act. III these particulars, the executive
Department., and part of the Legislative ceases
to exist, aud the Federal Government Tins
pefisies by sin of omission, not OF commits.
sion. But will end ca vor in another way TO
shew. that Whenever the states shall have
reached that point either of corruption, or
hostility TO the Federal Government, which
they mnst arrive at, be fore any Of the extreme
supposed violations of the constitution could
occur, the jurisdiction now claimed for this
court. wonld be utterly inadequate as a renee
dy Let us suppose one of the most g!arinc
VIOLATIONS OF the constitution a bill Of ats
lander or ex post faoto law, for example,
passed by state, aud that the state Judiciary
proceedsto constctinn Sftke party prosecn;.
ed. Let us suppose that this conrt clainiin.
an appellate jurisdiction, fsrbids the execu-
non or the party but the tate court, orders
us Judgment 10 be executed, and il il execut-
ed, by putting TO death the prisoner. His life
cannot be recalled, that is beyond the reach
~ human power can you prosecute the
Judges, or the officer for murder2 twin MOI
be commended for of what avail i.,sD. the I'm
ri'dictioD commended for, even foi the pn,-
pose for which it is claimedl answer, of
none at all:
10 conclude if all or either of the posi,
tons. which 1 have endeavored TO sustain. be
correct, then this court has not jurisdiction OF
the case, and consequently the writ of error
ought to be dismissed.