Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-03-23

From the very fact Of there being two parties in the
federal government, 1t would seem necessary infer
ence that the agents of each party. proper OCCASIONS
must be allowed, ana are required by an official GA h
TO conform TO the Constitution, and decide on the ex.
tent OF IL provisions lar is necessary for the
preston OF their Own views, and Tor the prion ance
OF ther duties. This being TO my mind tn. ration.
ale oil the case, look the express words of the Con.
stitn'ion. as conforming to il by limiting The gran, oil
judicial jurisdiction TO he Supreme Cout, both by the
Constitution aud by the acts oil Cong specific emu
nera,ed objects. In the same way there are limited
grams OF judicial jurisdiction State Courts unde,
mo" oil the State Constitutions. When cases present
themselves within these grants, the Judges, whether
OF TIE State or United States mts decide and enforce
their decision with such as confiled TO them
by the laws and the Constitutions but when question.
arise rot cor dei 10 the judiciary OF the States or u
ned States. the officers concerneI i'm those questions
must themselves decide them and in The end must pur.
sue such course as their views of the Constitution die.
tate In such instances they lave the same author ,
10 make this decision the Supreme Court itself ha,
| in other instances.
| Thus the Virginia Resolutions page l3 av:
However true, therefore, it may be. that the Judi
cin department, il in all questions submitted TO il by
ne forms oil the Constitution TO decide in the last re-
SORT this resort must necessarily be deemed the last in
relation to the authorities of the other departments of
the government; not in relation to the rights of the
parties TO the Constitutional compact, from which the
Judicial as well the other departments hold their del
egaed trusts. On any other hypothesis the delegation
oil Judicial power, would annul the authority deecat-
ing i' and the concurrence of this department. with
tue othc's in usurped powers, might subver forever
and beyond the possible reach of any righu remedy
The very Constitution which all instituted to pre-
serve"
! Thus Mr.. Jefferson says:
They contain the true principles of the revol,ion
oil lsoo Tor that real revolution i'm the prnci-
pies OF our government that of l776 in its form;
not effected, indeed, by the sword that but by the
rational and peaceabo instrument of reform, the suf-
irage oil the people. The nation declared its will by
usnishg iuhcuonaries OF one principle, and elecng
NOSE oil another in the two branches, the executive
thnir ola Al
Judiciary department, the Constitution had deprived
them OF their control. That therefore, has continued
.he reproDaed system and although matter has
osch occasionally incorporated into the old vet the lea
ven of the old mass seems TO as.imiIate TO itself the
news and after twenty years confirmation of the fedc-
raj system, by the voice of the nation declared through
me medium OF elections find the judiciary on eve
ry occasion, still driving into consolidation
- In denying the right they usurp of exclusively
explaining the Constitution go further than you do il
understand rightly your quotation from the Federal
ISL OF an opinion, that the judiciary is the last resort
IN relation to the other departments of the government
but not in relation 10 the rights of the parties TO the
compact under which the judiciary is derived? If this
opinion be sound, then, indeed, is our Constitution
complete feiO dc For intending 10 establish three
departments. coordinate and Independents that they
might check and balance another, il has given ac
eoruhg TO this opinion TO one of them alone, the right
10 prescribe rules for the government of the Others and
10 mat one too, which is unelected by and indepcn
neh' OIL the nation For, experience has already shewn
mat the impeachment it has provided, is not even
sent cautiously out as you Observe also, by detachment
not belonging 10 the often sought for out of it,
as TO rally the public opinion beforehand TO their views
and TO Indicate the line they walk in have been
so quietly passed over TO have excited animal
version even in speech of any of the body entrusted
WIN impeachment The constitution, on this hypothesis
mere tngoi wax in the hands of the judiciary, which
'hey may twist and shape into any form they please
1t should he remembered, axiom of eternal
truth in politics. that whatever power in anv govern
'a'nt s independent. is absolute also in theory onv
rli ia thaa ,tolft,
dre as last as that reaxes independence be trust
ed no where but with the people in mass They are in
herenty Independent Of all but moral law NV con- |
sructiOn OF the constitution il very different ron tba
You quote IL THAT each depai il truly indie
nendent OF the other, and has equal right TO decide
Tor Itself what is the meaning of the contribution in the
cases submitted 10 its action; and especially where it is
to act Ultimately and without appeal"
In confirmation of this, almost every Eastern Con. |
sttutIon authorizes the departments Of Government
not judicial to call on the Judges for aid and ddUice
merely, in questions OF diffculty-st leaving those
departments TO act finally heir matured nior
nation, and their own responsibility But all the diff
hcmfy does not arise here Suppose the State agents
judicial or otherwise, decide wrong i'm the opinion of
the people-or the agents of the General Government
decide wrong in the opinion OF the people, subjects
admitted TO be within their iurisd icon--is there first
no remedy for the people! Are not they supremei
Asl before remarked, he.people in their omnipotence
II the case eXci'e them enough can, and WILL in such
event, always apply most sovereign remedy-some-
times reach the disease by changing the agents who
tenure of Office, in of the Judges generally TO
reach that class Of agents bv elections they can
nv conventions, alter abolish their whole system al
Government and the whole course Of decisions under
them; and improve create anew whatever NAV have
been unoheconahle
Ihs IL fectrGe neitl er revolutionary nor leading
10 ana chy, hut rational and democratic and lies at the
foundation OF all popular governments But granting
this, the argument still holds thai thong the people can
effect chang, yet the States OF the parties the
compact cannot reach correct what they may deem
an erroneous decision by the agents Of the other party
on the powers given by the compact, and especially
that they cannot reach decision
made by the Supreme Court Of the Union. Again. il
may he answered reasoning priO that if this he true
il is deeply TO he lamented az the people seldom &C
unedy or efficiently except through their State agents.
those agents who come frequently and so directly
from among the psopls themselves II this he true il
quite certain that the Supreme Court might if so dis
posed proceed case by case, from year year. on one
'utect and another, in this and that section Of the
Union 10 give constructions TO the Constitution tend
ing slowly hut inevitably TO consolidation of the Go
vern nen and to the utter prostraon of State Rghts
and yet the people, asa people would widely and
at once become enough excited 10 nsrpose nthe pfi-
mary authority and say such
" this be true any Supreme Court entertaining polit.
ical views hostile 10 those Of majority OF the peCp'e
would be abl IN time, by cautious approaches not
citing general and deep alarm, TO defeat the majority
20 render the reservations TO the States and people
into jest, and ride rumphany over all probable and
feasible opp0s'on.
There is wanting in no respect To the members
Of our Supreme Court which their great personal worth
OBSERVER; hut would inquire it, from the case of Mar
berry and Madison in 1901, down 10 that of the Bank