Virginia free press & farmers' repository. [volume] (Charlestown, Va. [W. Va.]) 1827-1832, 1830-11-03


| support its pretcnsions. Although the 10.
sue Of negotiation might somehaes avoid
thss extremity. how often would il hap
pen. among so many states. that an ueao.
commodsiing spirit in some would render
that resource unavail,ng? A contrary sup-
position would NOS accord with know.
ledge Of human nature, or tho evidence Of
our own political history.
The constitution. not relying on any of
the preceding nediiic atoms. for its safe
and successful operation, has expressly
declared. on the one hand. I. that the
constitution. and the laws made in pursu.
ance thereof. and all treaties made uader
the authority Of the United States, shall
he the supreme law Of the land; ?. that
The Judges Of every state shall DO bouad
thereby. any thin: in the constitution and
laws OF any state 20 the contrary notwith-
standing; J. that the Judicial power Of the
United States sbsll extend 20 ell cases in
raw and equity arising under the constitu-
ton. the lave Of tho United States. and
Treaties made under their authority, Sc
Tn the other hand, rs q security Of the
rights aud powers oil the States, in their
individual capacities. against an undue
prepon'ierance Of the powers granted to
the government over them in their united
capacity. the constitution has relied on, ! .
tue responsibility Of the senators or repre-
sentatives Ia the Legislature Of the i;oi-
ted States 20 the Legislatures AID people
OF the United States (; ,, responsibility Of
the President to the people Of the United
States; aud J. the liability OF the Execn-
tive aud Judicial lunc tion aries Of the u.
States to impeachment by the representa-
yves oil tho people Of the states. in one
branch Of the Legislature Of the United
States, and trial by representatives Of the
states, IN the ether branch; the state
lunctionaries. legislative, executive, and
Judicial. being. At the same time, in their
appointment and responsibility, altogether
independent Of the agency or authority Of
the United States.
How far this structure Of the govern
mcnt Of the United States j. adequate and
safe Tor its objects. time alone can ALSO
lutely determine. Experience seem. TO
have shown. that whatever may grow cut
OF future stages Of our national career,
there is, rs yet, sufficient control in the
popular will, over the executive and le gis-
lstive departments Of the government
When the alien and sediiion laws were
passed IN contrsventiou TO the opinions
and feelings Of tho community. the first
elections that ensued put an end 70 them.
And whatever may have been the charsc
ter OF other acts. in the judgment Of many
of us. il is but true that they have gene
rally accorded with the views Of the ma
ljority ofthe states and Of the people. At
the present day il seems well Understood.
that the laws which have created most
dissatisfaction, hare had a like sanction
without doors; and that whether contin-
ncd. varied. or repealed. "A ike proof " al
be gwen Of the sympathy and respon sibili
~ OF the representative body to the constitu
en' body. Indeed, the great complaint now
is against the results &C this sympathy aud re.
sponsib'lity in the legislative policy Of the
nation.
With respect to the judicial power of the
United States. and the authority Of the SUI
preme court. IN relation To the boundary of
jurisdiction between the federal and the stat
governments, l may be permitted TO refer Ia
the thirty ninth number Of the Pedcralis,,' %
for the light 10 which the subject was regard
ed 10y ia writer. at the period when the con
s,itu,ioa Was pending; and !, is believed tia,
the same was the prevailing view then taken
'iof Il, that ihe view has continued to
prevail. and tina, IL does so at this time, not.
outstanding the eminent exceptions 90 il.
Dut ~ perfectly consistent with the con.
eessiOn sc this power To the supreme court,
IN cases falling within the course uf it, func.
tions, To maintain that the power has no, al
ways been rightly exercised. 10 say nothing
of the period. happily 4 short one. when
Judges IN their seats tliI not abstain fio,n in.
temperate and party lsrsngue, tqoslly ~ VA
rance with their duty and their dignity there
have been occasional decisions from the
bench, which have incurred serious aud 'ex.
tensive disspprobatior. still il would seem.
that, With but few exceptions, the course OF
the Judiciary has been hiiherto sustained by
the predominant sense Of the nation,
Those who have denied or doubted the s.,-
premncy Of tic judicial power " the Tinted
states. and denounec % the same time . null
Efying power 30 state, seem no, io have sat.
lc'ently sdveried TO the utter inc fIicienov If
supremacy IN law ofihe land, withou, a So.
ptems-y IN the exposition and execution 81
the laws nor TO the destruction Of 81! equipoise
between the federal government and the
state govsTnnents, u, whilst the functionaries
Of the federal government are directly OF in.
directly elected by and responsible 20 the
states, and ilse functionaries vi the siales IN
their appointment and responsibility sholl,
iade pendent &c The Caiied states, so eonsi,-
,intionai control of any sort belonged TO the
Tinted States over the states Under suci,
81 oFgsaization, Il - evident that Il would be
7 ~ tie power &c the states, individually. 90
pass usaa'hot'zed Laws. NBd TO cary them IN.
To- complete eli, e.. any thing in tie cons,itu.
Ton a"J laws Of the Uaited state TO ghe con.
-
I - Nc y. u ltf'ie, d,sf ~ coidros erses ria
~ 20 tn buUn.lary b,twc,n tie tso inri-lis-
lDosN, uic 'baos sl,3eb - ultimately g. sEeidc.
- o. l'e c,tshllshsd unsier ti.e gsscrli g,,cl4-
mont DO this dos MA chang uie priseiilf a
We ces' The dssi.ion isto IT, ,uspatiiaiiy " ds
sfe"finT o. The rules q The consultation ADD Oh
t'c usual and ilinsi ~ ,tusi precautions an, tak,s
/ ~ lfeuIe tsis iu,iariisiity. Sonsc such trliisi
- clearly ga-cuii-i o. prevent "a ariscsi 10 ~.
.woff, md = cis~ilstirn ~ iiIr clflpast a,.d
hoi y o'igit - b. csfsblishes ssIdor de- atf.cf.i
raihtf lim uCdef he local governmental or, g.