Delaware journal. [volume] (Wilmington [Del.]) 1827-1832, 1829-01-23

Judges concur in the opinion that it unconstitutional
II this bill shall pass and if according the present
fashionable opinions in the Southern States Virginia or s.
Carolina shall pass an act declaring the Tariff laws uncon
stituonal and vold and subecng to fine and mprison-
men any person who shall in behalf Of the United States
attempt 70 enforce the late actsof Congress imposing
duties on imports, singular question will arise.
revenue Officer is indicted in the State Court for ex-
ecutng law OF the U. s. by selling goods on VIII CHI the
duties have not been paid. He pleads in Justification his
COMMISSIONS his cath of office and the laws and cos tuition
Of the United States The State Court decides that the
law OF the United States is unconstitutional and void and
the man is sent Jail He obtains writ of error from
the Supreme Court of the United States and that court
four Justices only being present decide unaimousy (or
being present decide) that the law Of Congress CON
stitutonathat the State Court shall be reversed and the
accused discharged, &c.
NOW It Congress can require more than majority of
the Court to concur any judgment, or er TO give eff
70 that Judgment which tribunal decides the question the
Court or Congress 'If they give to the Judgment Of
minority OF the Court the force and effect, which thai
OF the whole court would have why may they not defeat
IN any other way any judgment of the Court If this can
pc done IN this may it not be done BY all egsatu
III violation of all Courts and if So where are the powers
OF the Judiciary as coordinate independent department
vi our government Agam-four out of five Judges who
are present. and two who unable to attend Court
slder the act OF Congress constitutional and vadtree
fourhs OF the States and ourfhs Of each House of
gress are OF the same opnion-tnd yet faithful officer
may be immued for years in jail for having executed its
Iinjunctions.
Circumstances it is said alter cases. Suppose then
tha some State shall pass act nt limitations declaring
that any person who shall have resided therein for one
year shall be thereby discharged from any liability to SER
wee to which he may have been subject any other State
Notwithstanding which, southern man. finding lis runa
way slave after the year. such Sate seizes as his
]rghtfu property. The is indicted for false I'M.
|prlsonment other nsdemeanor rhe State court main
tans that this act Of limitations strictly within the sover.
leigh power OF the Staes that by the laws some of the
States, be made bv
naming there for the period and that upon our own
clearly established principles of the rights and powers Of
the siaes' the actin question constitutional 1t there
fore discharges the slave and mprisons the owner The
supreme court OF the United States five Judges present
and one dissenting, reverse this Judgment The reversal
under the bill proposed by Mr. Barbour would be unava
ing The slave would gam his liberty and the master LOSE
his.
Have Congress this transcendant power over the Judi
caryf Before we surrender the supreme court entirely
let enquire if shall have any occasion t. rel,
on its constitutional power, onI its patriotic independence
for the protection of our own rights"
Extract eta letter from Douer, dated Jan. 10.
send you summary Of the business which has occupi
ed the attention of the Legislature for days past
There before the house relative to licenses t,
feers the object Of which is to conae the dut,
to tore sn goods alone.
An act tor esabshnga State Lottery has been indef
nltciy postponed.
petition has been presented prsying supplement to
the charter Of the Bank Of Wilmington and Israndywne
to enable that Bank the value its stock to par
| by new subscription OF the Stockhoders-reterred t,
Messrss Seal, raymond and Tenant.
| petition has also been presented PRAYING supple
men 10 the charter OF the Delaware Fire Insurance Com
pany, to repeal the limitation of the charter-refcrsed te
Messrs Delapiaine, White and Lofiand
petition for the gradual abolition of slaveryreferree
10 Messrs Layton, Tru Iotand aud Newbod.
bill is before the house referring all applications TO
Divorces hereafter, to the Court of Common Pleas,
bill for Lottery for the of aIiddetown Academ,
has been indefinitely postponed.
supplement the charter of the Great Valley Turn
pike Company, combining the exemption from the paymcn
OF toll OF persons going to church, to the Slbbathost
the second reading.
About 1900 petitioners before the Legislature pray
ling for the repeal Of the militia law.
The public business goes smoothly and diligently
never such attention to business Legislature be
FORE The digest occupies every hour otherwise az
proprlated and when completed will be OF great mpor
lance to the public Great cordially exists among tn
MEMBERS during their sessions and of doors is true
there but little speaking. but there ding Tn
Legislature will prooaoy continue in until the 1O
|,r 18th OF February
The Legislature of Maine have elected Peeg Sprague to til
Senate OF the u States for the term of years place
raj Chandler, and John Holmes place of Albion Paris
IN speech OF Mr.. LvNgston New Orr ans, he ST.,
tied that sixty millions Of dollars invested in tn
southern States, i'll the culture Of sugarwhch at ri
tt..I t.,.In t1nCf,, ,F ,tN1