Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-01-08

The only security Is in the moderation OIL Far-
lament itself, and representative responsibility.
The case is far otherwise IN America. The
stale and national constitutions form the su-
pyeme Ia,p OF the land, and the Judges are sworn
TO maintain these charters OF liberty, or rather
these special delegations OF power oy the pco>
ME /who in our governments are alone the de-
p,os;+.ries of supreme authority and sovereign.
~. in their. original vigour and true intend
ment.) 1t matters not, how popular statute
NAV be. or how commanding the majority by
which ii has been enacted; it must stand the
test OF the constitution, or il falls. The huns
blest citizen may question its constitutlonali'yi
and its final fate must be settled upon grave ar.
pument and debate by the judges OF the land
"Nor is this the mere theory OF the conslitu.
ton tits function, which has beeh often
performed; and not few acts OF state as well
as of national le gislation have been brought TO
this severe scrutiny; and after the fullest CON-
sideration, some have been pronounced to be
void, bee ause they were unconstitutional. And
these pigments have been acquie seed in. and
obeyed. even when they were highly offensive
10 the pride and sovereignty OF the state itself,
or affected private and public interests to an
iucalculable extent.
"Such, in America, is the majesty of the
law.-Sucb is the horhage Of a free people to
the institutions, crested by themselves Such
is the consciousn ess Of every citizen, that he
holds his life, his liberty, and his properly
t. by The Judgment Of his peers, and the SOY,
ereienty Of the constitution. What, sitter all,
is the mos, wonderful in this political machin.
cry, is The simplicity Of its structure, and The
ease of its operation. a foreigner would sup
pose, that the accomplishment OF such mighty
Effects would require The aid Of every sort OF
external means Of influence to guard it, and en-
sure its success. He would imagine, that :he
| func,ionaries fsuch duties must have the ;ad.
van,ages of noble birth, Of hereditary right, Of
great wealth, Of extensive patronage, and Of the
command Of military resources. How great
| would be his surprise 10 learn, that the JUDGES,
who are to decide these questions in the last
resort, are few in number, rarely wealthy, with
moderate salaries, with no patronage beyond
| The poor appointment Of the clerk Of their own
courts, with no array of military force, living
unos,t ntatiously among their eflow-sHizens,
and having no means Of inf1yencc beyond wha;
their talents -aI,tt pubic services and private
virtues might command in amy other station
Yet they perform the duty fearls ssly and indie.
pendcntly, and often under circumstances Of
the most painful and trying responsibility, in
the midst Of popular prejudices, party triumphs
| state strifes, and national dissatisfactions We
speak here, not partie ularly of the Judges Of
the Supreme Court OF the United States, but
also Of The judges Of the highest state courts in
the Union. The whole power possessed by
all or any Of them extends not for any practi.
cal purpose, beyond mere naked moral pow
eF, the pe~er Of solid reasoning, just EXPOSE
ton, and sober appeal 10 the good sense Of
honest and intelligent minds Their strength
is in their arguments, ard they speak law,
which is obeyed, and followed, and respected,
simply because the profession in It's learned
ranks approves ii, and the community compre-
bends its justice and conservative authority.
Whoever reflects deeply must perceive, that
this is the balance-wheel Of our political sys>
tenn, the regulator,which sometimes aceeera,es
and sometimes retarGs the public movements,
but always works 10 ensure the general safety.
| Suspend its operation, or weaken its exercise,
and we may sill remain federatre govern.
ment; but il will be one enfeebled and distract,
ed by its bad adjustments, or hurried on 10
dsspo.ic excuses ~ the common plea of ty-
rants, the consciousness Of power and the plau-
sibe pretences OF necessity.
"Ths topic is so copioHs, and of such ever
lasting consequence Of the well being Of this
Republic. that j, furnishes matter for volumes.
and We must escape from j. with The brief hints
already suggested, to resume the subject Of the
constitutional labors Of Chief Justice Mar
shall. We empbatically say, of Chief Justice
Marshall; for though we would no, he unjust
to those learned gentlemen, who have from
time to time been his associates on the bcnch,
we are quite sure, that they would be read to
admit, what the public universally believe, that
his master mind has presided in their delibera-
tions, and given 10 the results a cogency Of
reasoning, depth OF remark, persuasiveness
Of argument, clearness aid elaboration Of il
lustration, and an elevation and comprehen.
siveness of conclusion, to which none others Of
Ter . parallel. Few decisions upon coDstitu-
tional questions have been made, in which ne
has pot delivered the opinion Of the Court and
in these few, the duty deyoIyed upon others to
their own regret, either because he did not sit
in the cause, or from motive. Of delicacy alb
stained from taking an active part"