Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-04-23
Communicated for The .Nerc,mthe ldreriiserl
ro TIE EDITORS OF THE uNoUiREs
CONSTRUCTION OF THE CONSTITUTION

Communicated for The .N+rc.ultIe .ldreriiserl
ro TIE EDITORS OF THE rN0UiREs
CONSTRUCTION or THE CONSTITUTION.
No. 3.
GfNTLEMEN: If the arguments we have noticed
drawn irom consequence ne admissible one side,
arguments from the same SOURCE he equally adj
m'ssic On The other side. The constitution provides
that no stat" shall coin money, emit bills of credit
make any thing but gold aud silver coin "a tender IN
The payment OF debts, pass any bill Of atIainder, ex
post iaco law, or law impairng the obligation OF
Coniracts &c
In d scussions concerning the meaning Of the con-
s''nl'on 18th regard TO particular OF difficulty
anu Inconvenience as they arise in practice, we 100
frequently overlook of the important reasons
which produced the adoption oil the constitution
ihe restrictions which have quoted from the
construction, were hnposed by the people OF the u
States upon all the state governments for the common
'ehchi ana protection not only OF the people of the
several states against the of their parc uiaI
governments, hut also for the protection of all the
people oi the I. States against erroneous unjust
legislation and decision by state, upon the sab
Jrcts specified in the constitutions By the creation
81 me general governments, the people of the differ
ent states were no longer 10 he considered strangers
and aliens tu each other. They were To become nv
this more pe,eci Union really fellow citizens
Ipon every one who should DE legal citizen of any
siae ~ the Union, the constitution would confer i'm
iortani privileges and immunities in every par Of
ihe Union TO which he might remove The CONNER
cIHi intercourse, and other important interests and
connections, which were expected and intended TO
s"'Sis' among them, rendered tie people of all the
IS.
CESSATION and policy OF each and past expert
enre had shewn them how they might he affected by
u. hey mad seen most OF the States on particular
occasions, driven 10y the pressure of circumstances
To adOpi tcmpori>ng policy, in violation of some
sIea' P.In,ipe of political justice and sound policy
1he people al the states The errors which had
been committed, and sensible Of the mscheIs which
nad been produced by Them, wished 10 guard against
heir recurrence. Bat 10 have left the power viii,
each state government Of deciding finally upon The
extent ana application OF these restrictions, would
al ..T
Intended to he protected, The least on TOO pre-
car'our iouidation. Indeed, such principle or
sIch construction o. the constitution with regard To
these r"si tons, not less unreasonable than
would he lie conduct Of a legislature which should
Itohibh tie commission of certain criues but leave
~ TO the paty accused Of them 10 decide finally upon
ms own guilt or Innocence.
But has been said, that the officers of all the
departments OF the state governments are required
60 take an oath or affirmation 10 support the consttu-
non and is asked, why are they I0 Ice trusted?
We have sheNyn that the trainers of The constitution
du not III INK IL proper To leave wuh them the final
construction and execution OF the compact The uues-
ton is answered. The writer Of this article iec sin
cere and great respect for the persons who fill and
nave h!ie the departments Of lie governments
generally as lar as he has had opportunity Judge
81 Their merits and with regard 10 the constituted
authorities OF this state, III which it is his pride and
boast 10 ha'e heen born and bred, (no matter low
RIDICULOUS this pride may appear others it Is II i,st
subject of pride not only that they have always been
distinguished by ample abilities, but more especially
tha the Official integrity and pUy of legislative
eHecuiiYe and Judicial depaI menIs have never been
a5salied even by the Impotence of discomfort, the
blindness II faction, or the OF malignifv. But
ohci1I integrity and abilities could not reasonably he
relied ON 10 protect against of the misc iefs
winch must nave arisen from power in the separate
State authorizes 10 pronounce linal constructions on
the constitution. IL is as probable that twenty differ
EN- states, IN constituting the constitution, wo rs
give twenu different constructions upon any one i'm
porant aud d fiji u question, that they would all
agree IN the same construction And Int Indeed
l,e.a 4
the land, Which might be finally construed and car
RED inio actice, IN twenty different and opposite
ways IN as many dl0ereni parts OF Gru land And It
cannot bG doubted ,hu this might, and would he the
Case, II there weIe tribunal preserve uniformi-
Was weil as cor cotgess of decision.
IL ms pe'" "a d, ant reiterated (but we think In
uec'im"'orl2 fatier iinn afgumeniative language0
'ha ih people, and the peOpio ouy can make final
constructions on the constitution, and by the energy
OF tHe elective franchise, cOndne the different 90
yernmenis and departments of these governments
gu their proper spheres. We allow 10 this argument
all the real iOrce TO which IL possibly be entitled
ana wisi respect 10 the acts of the general govern.
men'J 81 Is entitled 10 much lOrce. But suppose As
Die constitution ,as Supposed that "a stute aud The
people OF i"e state Though tn elective 4nch;se
should Violate the federal constitution how could
Tire elective 1rancuye IN he other states operate 10
bTin& hem back to due Observance Of il, If each
sia-r mad Tie right 10 cOnsirue and ex ecue H. with
OUT Inability to control from any other 0uarer2 The
people OF every state have rsh to require that the
constitution be duly Obeyed not 0ny by the general
t'Fti'ui'Hl hW W NV government dnu people OF
each state But the people Of the other states IS hose
rights aud interests mIghi be deeply effected by trs
CO. Oncous construction, could exercise 40 control
Whatever UVcf the cring state, lhro' the elective
PRINCIPLE, because they cannot he represented IN her
lpcdl councils. But should the people Of any number
oi states violate Tue compact through irir represent
t'lVcS ~ the general government the people of The
other states could met then furry on tic political
areta, and cOnlcnd With lhcm IN tie maaucr, and up-
or tie terms, pr Nidcd Ia the actual compact.
VI q VII GOT detain ilc reaIcr long upon the last
IUpic wca y -rIii notice, which IS the power OF
fire United ouIe- exercise judicial auit1rif, iII
cdsfs 80 wG'ch State may be parry and We will
c1miut ourselves 10 iiai particular case which has
breU selec,,I ~ dhor'ng the most decisive instances
oil usu'p. lion and abuse Of Judicial power by We.
courts IT the United States
Tie j.dciHl power ofte Uaed States extends TO
aii cases 10 Ia" and cPny arising ubder the couslitu-
ton, the lave OF the Uhued Safes, &c. and the
eleventh amendment provides, that this power siilI
HOt he constr az 20 cNtcmd ans suit commenced o.
prosecuted s4ut one Of the Unils ajes hy citizens
d another stlt, Sc The gOund eli orr opJoncut,
viii cci ttH,y bc weakened by considering th. a.
TDfniutHt .> lt had SAID, The Judicial power Shall
f.lt tHtru. any suit commenced or prosecuted t.
fau STATE by any individual J; aud y viii o con
Il it,
Ii may indeed appear somewhat III, presumption
ls 81 NEEDLE With this a.Fuse professional topic
after tue calculation which has been gtscn g. Il b.,
.ie highest legal uiDuna Ia ihe United Stues. Bur
iiiis Vssi'y commenced with the exppr t1, OF fi
il D.sht perhaps meet tie eye Of some tcsdrr. WHO
a. as in tac hbi " Studying The reports VI Legal