Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-04-20

decision of political questions! have mo references 70
the present incnnbents, they are SOME of them IA.
Tented, and lrespccable men. They have INV resnec,
aud they possessed the pow er of controlling
they ought to be worshipped, because their likeness
would not exist beneath the But would ask again
III any reasonable man can suppose that th.re Ia more
safety 10 the rights OF the Union or of the States in The
wisdom and patriotism OF the who compose that
court han In 'he wisdom and patriotism Of the million
ah' o' people who compose the State of n. York or
ei even the fifty sixty thousand no compose the lille
S'e oeaware! Must the saying Of the wise man be
reversed IN favor OF that Court? Is longer true ho
there Is safety IN a multitude of counselg'
Does The gentleman pretend to have discovered that
inc converse oil the proposition Is true. am sure that
nc wan prefer no such prctensons for il has been long
the known belief of arstocras of mon,rchs and of les
pots. With them it has been, and always will be a
cnershed truth, truth sustained by their voaries and
enforced by themselves, at all times and every where
Inc monarch who proclaimed "ha there was safety in
multitude oil COUNSEL did himself act upon the
principle which he avowed This principle, dear to
republics asserted under piraton of that wis
uon which distinguished the Monarch of Juea from all
other insn, Of that wisdom which is from above. Nav
not conclude, then, tht argument in favor of the
power asserted Tor that Court justly be drawn from
the paucy OF its numbers? and that every argument
which can be drawn from the number of the Judges is
against confdng to them control the States? Sir
we refer TO what may always be supposed to be the
wsdom purity patriotism OF the Judges of that Court
we cannot suppose that there will be time when
even the smallest State i'm the Union. will have en-
goSed misunderstanding its government much greater
number OF mcnany OF whom will in these respects be the
equals of the Judges They will only be their eq,a,s
IN patriotism, intelligence andntegry, but greatly their
Supporters, in an intimate practical acquaintance with
the condition OF tho people, their habits manners
customs, wants and enoyments. And i'm addition to
these, there will always be in the State great many CT
uzens as enlightened and puro either the Judges
or tho State iunconaries, whose vigilance will be
poyed In checking the officials, and restraining them
within the sphere of their Duty
And let me ask, il the enig enei functiona-ie. Of
the State aud its enlightened citizens will not always
be a much interested in tho aministr OF
the Governments. General and State in the Happiness.
OF the People, and in the perp-tuty and prosperity Of
the Union, as those same Judges can be supposed to
De! by what reason, then he supposed the fra
mers Of the Constitu ion were Influenced TO have
corded such power to the Juiges' 1t is expressly
given in the Constitutions: II il presumed to have bee
given by implica But how AN we obtain the pow
er by implication from that instrument unless
reasonably suppose that ho-e who framed it,
confer liz But, when consider that thi, Court forms
one Department Of the Government, which Govern
ment supposed have encroached upon the
y oil State, can we believe that the States, in form
ing the Constitution, int nded arm the Court W tn
the power oil deciding upon the Legitimacy Of is
entertainments? With the power of secratiny its
own usurpa'ions by its decisions? A law If Con
gress, made in pursuance Of the Constitution, is admit
ted on all sides to lie supreme, ami will be scque
IN and ccn.ormed to by the States. The question is,
whether law in violation OF the Constitution Is SUI
preme, or can he made 50, by the Court! Whether a
State cannot form opinion to its invaity. and in
rpose Its veo, where its operation goes TO deprive the
STATE ot It's sovereign power! content that neith-r
weakness or diocy can he ascrbed TO sovereign State
and therefore, that State may both think aud aci
III The maintenance OF its sovereignty.
Who ever before though, that OF the parties
contest, was competen, judge Of the matters in dis
puie! For, although the General Government
party TO the constitutional compact of Unonthal hav
ing been formed by the Safes who the only parties
10 t--yet, the Government which created by that
compas', when encroaches upon the sovereign power
oil Ste, may justly be con'dere', qHoad the dispute,
party TO the contest, with the Staie and there tore
unit 10 decide the matter in controversy. The case,
il would seem to me, ed but be stated 10 secure with
all intelligent men, the reprobaon Of the doctrine
tended for, the part of the Court Even in
between school children about their toy', or their
musemens neither will agree let Tie other decide
the matter in dispute. Sir who does perceive, that
the specification of the powers be exercised by the
General was entirely useless, il il was in
tended ihat those who were 10 exercise them To
be he exclusive and FIN judges of the extent aud lie
gitimacy Of their exercise But the power asserted for
The Court by the Hon. Senator in other
views.
If. then. those who formed the Con stution had in
tended to invest this Tribunal with the political power
OF checking and regulating the Legislative AMI Execu
tive Departments of the General Government, ard OF
imposing certain saiutary rest ants upon the
Ties OF the States they would not only have expressed
mat Intention but would have adopted and suited the
forms OF the Constitution, 10 the full and cient
else OF that power. Have they done so! This que son
must he answered in the negative by all who have paid
the slightest attention to the sp Of the
allowed TO be exercised by the General Government
and to the powers reserved to he exercised by the
States Let US suppose that the House Of Representa-
lives were to refuse TO permit the MEMBER portion
OF them from particular State, to take heir
the Legislative Hall of Congress: and, suppose the Sc
nae TO do the like in relation to the Senators from
any OF the States, that any Of the n
majority OF them, refuse elect Senator'S
Congress, or that State make Treaty with
orelgn poweror were TO coin money; or let suppose
further that person charged in any Of the States
with treason, felony, other crm-, to flee TO
other, and that other refuse upon the dem md
oi the Executive authority OF the ate from which he
He'd, to deliver him up TO be removed for trial the
State having jurisdiction OF the crime. BY what forms
OF the Constitution, can the judicial power OF the Uni
ted States, interfere in any Of these cases, in hun
dred hers, which might be named? Sir, this mighty
Sate-con'ervng power will be found, when subjected
TO the scrutiny Of reason, to consist in the fame
OF those who are DESTROYS to splendid central
government supply the place Of the sovereign States
than in The nature and genius Of Governments.
in the intention OF the States, in forming tn, con.ttu
tiOnAl compact Of union.
The great error, which lies at the root Of thi.
s'rous doctrine, is, in the supposon, that
the States when they formed the Constitution Invested
themselves OF, and delegated to the General Govern.
mem, all the sovereign power, which may be right
y exercised by the latter and that they less
reign, by SO much power may be thus en-
ercised That this sovereign power, so delegated by
the Constitution, IL mysteriousy lodged In that in
sIrumen', and exercised by the General Government
in virtue o! that Judgment (Sr, let just say. that
sovereign power ia an article that will keep cold
Others think, hat This power abides in the uncona
rics OF the Government; and almost all believe, that
let tbe lodged where L. o2t OF the States and
bs'Ongs 10 the General Government That those who
formed the Constitution cut the sovereignty OF each
5 ate into two parts and much the largest portion
TO the General Government. | hope that have, in
previous past OF my argument sufficiently reuted these
erroneous, and, "a think, mschievous notions; and
proved, that sovereignty cannot exist in divided state
that its unity, anil its life, nseparsbe; and let
Il