Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-07-15
2s6c1paesoaau 9ga 9e5o.
FRIDAY MORNING, JULY IS, 1895.
ON TIE JunICIARY-

me right OF the Judiciary declare an act Of the
~ '"'"' "nen 1t contravenes the provisions of the
mas recently undergone very elaborate dis
c"son at the bar of Supreme Court Of Penusv,,i
ana Judge Gibson, the only member of the Court whose
opinion has been published, after an able and p,o
found investigation of the question: expresses the c;ad
convection OF his Judgment, that such authority is vested
" or can be ieg'tmately exercised by branch of the
government 1t is, unquesiionabiy subject of the cenos
interest and Importance, and deserves the most seos
deliberate considerations In decision re involved prc
pies of higl, aud solemn mon,unt pl vita,
iect the liberties of every citizen best interests
communy;-for If the Judiciary the only farm, ,oe
which, laws touching the property, liberty and life of
individual IN society, be properly examined and caIn,
and severely scrutnisedwi all the lights too that can
be derived from the laborious extensive learn
ing OF the proiessonhe compelled cuorce, aud in all
' 10 submit 10 the Legislative will, decar in its
enactment then the grand object for which written
utions were framed guard protect and secure our o
by restraining within limits clearly and distinctly defined
that authority, which, from nature of things he in
trusted by the people to public nctonares will be
pctey defeated; and the Executive and Judicial depar
ents OF the governments instead being distinct indie.
pendent and coordinate branches intended by the fun
"amHntai law at any time, deprived of their po
cal existence, by legislative usurpation The Legislature
'hey nneither be questioned nor controlled arbitrarily as
sumo all the functions which has been the peculiar pro
vince OF the Executive and Judiciary dsGha nd in
vest itself with supreme and absolute power Sovereiantv
and legislation will them in fact the boaes sense of the
expression become convertible This conclusions we
conceive necessarily and irresstiby follows, from the
denial of the right of the Judiciary, to declare law uncon
situtional and furnishes objections conclusive and I'M
answerabie g the advanced hv Judge Gibson For
it can never be admitted have intention of the
people, VIXEN they adopted the constitutions to confer on tho
Legislature authority dangerous, alarming and so
liable abuse.
AS we have not had opportunity of closely inve stga
ting this subject and intend its discussions
in cur next paper shall conclude remarks with an
extract from the powerful Argument Judge Patterson in
the case of Van-Hornes lessee VS. Dorvance Cd Dallas.
pSge 308
"lVhat Constitution 1t is the form of government.
deIneaedby the mighty hand of the people, in which cc
tain first principles of Fundamental laws are estabshcd-
The constitution is xed the
nent will of the people, and is the supreme law of The land:
1t paramount to the power ofte Legislature and ca be
revoked or altered only by the authority made it. The
ie-giyns principle and the deab-dong stroke must pro-
coed from the hand What Legislatures Crea-
lures Of the Constitutions they their existence to the
constitution: they derive their powers from the conu-
ton: 1t Is their commissions and therefore, all their acts
must be conormabe to it, they are void The
Constitution is the work will of the people them
selves in their original sovereign, and political capac-
ty Law IS the work will of the Legislature, in he
dervatve and subordinate capacity The work
of the creatorthe other the Of creature The
Constitution fixes limits the exercise Of legislative au
hor and prescribes the orbit within which must move
In short, the constitution the sun the political system
arouad which all Legislative, Executive and Judicial bo
dies must reyove Whatever may be the case in otbs
Countries yet in this there Doubt that every Ac
Of the LEeIsLATURE repusnant the CONSTITUTIONS,
absolutely VOID"
The Judge then enqures whether the Legislature cou
annu the articles OF the Declaration Rights respecting
Religion the Rights VI Conscience, and the Trial by Jury
and proceeds observe, "he Constitution State is sta
bic and permanent, worked upon by temper
the times, rise and fall with the tide Of events
Notwithstanding the competition opposing interests an
the violence Of concndng parties, it remains firm and
movable as mountain, amidst the strife Of storms or
rock IN the ocean amidst the raging Of the tax
1t to be clear position, that If Legislative oppugns
constitutional principle, former must give way and
rejected on the score Of repugnance. hold it to be posi-
ton equally clear and sound, that in such case, it win