American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1827-01-02

EsGe convention
gress The power which the Judges had assumed
hat of nulliying the laws Of the several states
whenever they should seem improper or ine*pea'eh'
But the proec, was rejected. twas also attempted
To give the power Of abroga'ing such laws 10 INC
Federal Judges; but that proposition was a.so SCI
ABIDE. But The Federal Courts Of the State oil Men
lucky had assumed, without right, and without 'ea'
son, the power which was denied 10 congress ny
the Convention that framed the Constitution. lhey'
in their judicial capacities, have originated an au-
lthorty such as had furnished the name OF BOLIVAR
o The proyisions OF his constitution OF Bolivia lie
repeated. tina, what was denied to Congress had
ibeen fearlessly assumed by the Judiciary OF the
United States and it was no longer cohs'uereo
improper OF immodest for United States Judges 70
declare State laws null and void. 1t was iarthest
from his disposition intention to attempt 70 snake
the veneraton which was generally iet lot tue Ju-
dicial character. No man could respect more than
he, an upright, conscientious Judge. Ana nc re
,pec,ed their decisions, when flowing from pure
motives and correct views. So lar was he from
wishing TO interfere with their duties or throw DIS.
respect upon the character Of Judges, that ne woud
bow to their decisions if he emily were the sieum-
if an individual alone complained Of loss oi properly
and rights But when the assumption was, IS IN
the present instance, one which reached every CHI
zen in the State, and threatened most serious Puo
lie evils. he should his voice against IT. athough
he should do So md it was due 10 his citizenship,
as the subject Of free country. He had introduced
this subject with painful feelings, ard he should
pursue it, without attempting to make hoooy
horse of it, for he believed there was yet too much
respect in the community for the character OF
Judge not to prevent any discussion. in which that
character was involved. from degeneraing into any
thing Of light or frivolous nature But they had
departed from the honorsbc-he would withdraw
he oh
hey never should have forsaken. They had done
what the Constitution did not authorize then TO do
clothing themselves with all absolute power, On
known in our country and he could not allow MS
ps 10 be sealed, and his convictions TO slumber
They had not only taken into their hands powers
~hic had been withheld from the Congress OF she
United States, but they had given to the State Of
Kentucky code Of laws, as though the People mad
chosen Draco or Scion to frame new code. IN
der this system Of assumption, the People had .
code Of laws forced upon them as rules Of court. II
such a system should remain--il system 1t could be
called-he should for enc cry out, as the Jews AID
Of old, Tor King at once, to rid the country OF a
tyranny in disguise, real although not nominal the
power Of which seemed illimilable, as it was unde
fined. The State Of Kentucky was, like other
States new but her rights stood unquestonable
ground. Many Of her provisions for her own 60
.ernment might be imperfect, and some OF he
acts might be erroneous but she had right to be
ruled by her own laws, good as that o. the f" Old
Dominion" her venerated ancestor. And what
would the People OF the Old Dominion say wha,
would Virginians think if the right oil sell govern
ment were pu, under ban, and the power OF chang
ing the laws were seized upon by the Judiciary,
virtually abtogatng all legislative enactments Had
not Kentucky right to complain? Was this not q
great and crying grievance to free peoples Yet
had they not applied in vain for some redress, and
even in Congress introduced resolutions without
effect And had they not seen the evil go on, accu-
mulatng malignant force as it progressed, until
they found the alterations in actions OF capids al
satsfaciendem and feri fccias OF such nature that
he laws relating 10 property were found at last to
rest entirely upon rules OF court
Much jealousy existed, Mr.. J. said, as to the
balance Of power between the State Governments
and the authorities OF the General Government. IL
was the duty Of The citizens to watch the variations
81 this balance 1t had formerly been though, that
Congress had the right to interpose in the State lie
gisatious But he thanked God that the principle
Of responsibility and independent tights had entirely
disspated The idea that the Congress OF the United
States had any light Of interposition in the egi.la
. lion Of the indi,dua States. And whenever Con
gress should attempt any high handed measures
S should such thing ever take place-so firmly was
the principle of independence rooted in the mind.
Of the People, that they would rise sgains. the en-
5 dsavor, and, he trusted. suppress it. Any inierfe
renee Of this kind, let i, come from what quarter il
might, was in direct opposition to the Constitution
c and the People would suffer it to exist. For his
own part, he considered The population oil every ten
! miles square. where it was peopled at all, capable
c Of forming Constitution good as that Of the
United States, far as the definition Of individual
i rights was concerned. 1t might be pretended ,ha
they did not possess sufficient knowledge but he
! did not believe IT, Such was his opinion of the in
'eigence Of the People; and Whenever such PEG
G pie felt the leaden hand of oppression weighing
= upon them, they would rouse from their lelhargy
l. and shake it off; assuming their own righ,s anc
= red'essing their injuries. lie repeated that Their,
j n az ID