Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-01-05

tits the province ofthelegislatureto prescribeth the
rules OF property, contracts and conduct, and
that it is the duty of the courts To regard
them and that il does not belong to the Judi
cial department, to make the rule aud adju-
dictate upon il.
Much of the reasoning of the court is pre-
dicated upon the possible hardships and con
sequential nconvcninces which may result
from the operation of our laws and il il he
sound, there is an end To legislation. II would
seem, indeed, from this opinion, that Virginia
intended by the terms and conditions of our
separation, to form those landholders vino
could trace their titles to her laws, into a
select Independent corps, free from the bur
deps and operations of this government.
1t may be proper TO notice. another part of
this opinion. The count say, if the legislature
of Kentucky had declared that the owners Of
lands should not recover them, without pay
ing moicty or the whole of their value, or
that they should sell at one half or one third
of their value, such laws should be unconsti-
tutona. In the language of Il distinguished
politician, these suppositons Ofthe court, are in
the opinion of your committee, unconstitutional
and void. The cases supposed, do not prove
any thing on the question before the court
Would II he Il fair argument in this legislature,
to say that the court have done wrong, because
they might do so Can one department act
upon the suppOstion of an abuse ofpowcr by
another The people, in convention, to
guard against the possible abuse of power,
with regard To certain cardinal principles, have
imposed restrictions on Legislative power but
The different departments of government
ought TO act on the presumption that each
will do its duty. The question before the court
was not, whether Kentucky might or might
not abuse power, but whether she had exceed
ed her powers.
upon deliberate consideration Ofthe whole
subject, your committee are satisfied, that the
opinion ofthe supreme court was the result of
;ln erparfe and mistaken view of the principles
and justice of our laws .and the true intent and
meaning ofthc compact and the high respect
your committee eniertain far that enlighten-
ed and dfgniiicd tribunal, induces strong con-
Huence, that upon an unprecedented review,
IS having an eye to the real circumstances of This
country which produced the laws i'm question,
they will change that opinion. The ma gni-
tude OF the question and its consequences
demand, ln the opinion of your committee,
me interference of the general assembly, and
they submit to the consideration of the house.
the following resolutions
1. ResO!ued Ly The General .fssemblu of Mc
Commonwealth Of atucky, That they con-
sldcr the opinion of the supreme court of the
United States delivered al their last term. i'm
me case OF John Green plaintiff against Richard
BldS.le defendant, Incompatible with the CON
sltutlonal powers OF this government, and
dangerous TO the best interests ofthe people
ana thereiore,dO hercbyn the name of the com
monwealih of Kentucky and the good pco-
pc .h'reoi, solemniy demonstrate and protest
against said opinion
:. heSotced, That the governor of this com
monweath he requested TO transmit copies of
Inc foregoing report and resolution To each of
our senators and representatives in congress.
.. heS0tctd, That two commissioners be
appointed on Tie part of this commonwealth,
who shall have full power and authority. if
'hey shall deem ii necessary or cxpcdient, To
repair to the city of Richmond, in Virginia.
ana open communication with that govern
Ment concerning the meaning and execution
u, me compact between this and that state, to
obtain, ii practicable, from Virginia, a declara-
non OF her satisfaction with the construction
ana performance of the said compact ON the
part oi tins commonwealth and il such de-
cafation cannot be obtained, to invite discus
SION oil her objections and with view TO a
hi'i adjustment, to cooperate with Virginia
IN constituting a board of commissioners, as
provided for in the 18th article of the com
pact.
H. Resolped, That the said commissioners
DC requested 10 attend the supreme court of
:, .'':u Suites, at tue next tenn, and resist
me opinion of that court in the case of Green
against Blddle, in such manner as they may
deem respectful to the court, and consistent
miil the dignity of this state.
JOHN POPE Chairman.
JAMES CLARK,
THOMAS FLETCHER,
HORATIO BRUCE,
MARTIN HARDIN,
JOHN III. TODD,
BENJAMIN DESHA,
SAMUEL BRENTS.