Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1830-10-18

suinmaie, lis will nor The government 10 pro-
coed without n concurrence Of the parts, na-
cessltY brings about accommodation. In DIS
pules between "a State Government, and the
Government ofthr United States, the case Is
practically AZ well as theoretically different;
each party possessing all the departments OF
au organized government. Legislative, Ekeeu.
tive. aud Judiciary and having each physr
cal force 10 support ,is praieasions. Although
the issue of negotiation might so'neiitnes avoid
this extremity, how often would At happen, a
mong SO many States, that an nnaccDtnmoda-
ting spIri in some would render that rrsautet
unsvalling A contrary suppos'iion would
not accord with IA knowledge Of human ma
iure,or the evidence OF our own political h'sio-
ny
The eon,t,iution, not RELYING on any OF the
preceding notifications for its safe and sue
cessful operation. hns expressly declared, ON
the one hand, | " that the constitution. and the
lnws made in pursuance thereof, aud all 'rea-
ties made under the authorities OF the United
States, shall be tho Supreme law Of the land {; 2,
ihat the Judges ofevefy State shall he hound
thereby, any thing in the constitution and laws OF
any State 10 the contrary Notwithstanding 8,
,ha,the judicial power ofthe United States shall
extend 10 all cases IN law and equity arising
under the constitution the lava of the oo'led
States and treaties made under their authority,
&c
On the other hand, as a security of the rights
and powers OF the States, III their individual
capacities. Rgainstnn undue preponderance oi
the powers granted 10 the govei nHent over
them in their united capacity, the constitution
has relied on, the responsibility OF the Sen
al0rs aud Representatives in the Legislature OF
the United Sintes TO the Legislatures and people
Of the UnIied states 2 the responsibility If the
President 10 the people ofihe Upted States !;
and 3, the liability OF the Executive Hnd judicial
fuoctionaries of the uu,red Suites 10 i'm
parchment by the Kepre seniaives OF the people
Of the States, in one branch Of the Legislature
Of the United SIT .. and trial by the Rerresen-
taiyes of the States, III the other branch; the
State hInctiousTies, Legislative, Executive,
and Judicial. being, nj the same time, IN their
appointment and respon sihllity altoge her in
dependent OF the age ncy or authority OF the
United States.
How fan this structure OF the Government oil
the United States is adequate asd safe ior lis
objects, time alone can absolutely determine.
Experience seems To have shown. that "haiey-
er may grow out of tuinre stages of our national
career there is as vel Sufficient conirol ~ toe
popular will over the Executive aud Lsglsla-
tive Departments OF the gaycrnmeot When
the Alirn aud Scditl1n Laws we're passed IN
CONFIRMATION TO the opinions aud feelings of
the community, the first elections that ensued
put nm end TO them Aud whatever may have
been the character OF other acts ia The ludg-
meni Of msns Of US, II isbut true thai they have
generally accorded with the views OF the major
ny OF the States aud Of the people. At the
present day il seems w. understood, that the
laws which have created most dissatisfaction,
have had like sapcilon without doors and
that whether continued. varied, ~ repealed u
like pruof will he given OF the sympathy aud
responsibility oi the Representative body To the
constituent body. Indeed the great complaint
nov, is aRains' the results OF tins sympathy
and responsibility in the Legislative policy Of
the nainn.
Win respect of the Judicial power Of the
United STATES, aud The authority OF tue supreme
Court in relation 10 the boundary Of Jufisdc-
lion between the Federal and thr State Govern.
ments, may be permitted 10 refer to the thirty
ninth number Of the" Federalisi,'s for the
light IN which the subject was regarded by its
writer, ut the period when the Constitution WIS
pending and il is believed that the sama was
the prevailing view then taken Of IL, that the
same view has continued 10 prevail aud that IL
does so ut this time, notwithstanding the emf
nent exceptions TO IL.
But il is perfectly consistent with the conces-
SION Of this power 10 the Supreme Court, IN Gu
ses falling within the course Of its functions, 10
maintain that the power has not always been
rightly exercised. 10 say nothing OF the period,
happily a short one, when Judges ia their seats
did not abstain from Incorporate and party
baraegnes. equally at variance with their duty
and their dignity there have beeH occasional
dec isIons from HE bench which have incurred
serious aud extensive Interpretation. Still il
would seem, that, with but few exceptions the
course of thu Judiciary has been hitherto
sustained by The predominant sense Of the ma
tinu.
Those who have denied or doubted the supre.
macy Of the judicial power of the Uoited States,
aud denOnnce nj the same time a multi, ing
power na state, seem not 10 nave sufficiently
adyrrted 10 the utter InafhcIency of a suprema
cy la law of the land without supremacy IN
The ~ position and rxeGuii IN the law , nor TO
the destruction of all eqnipolse between the
Federal Government and The State Govern
nents. II, whist the iincflonaries OF ,hr Fade-
raj Government are directly or indirectly
elected by and responsible TO tue States, aud
the funcionHrics Of the States are in their up
poin,ment aud responsibility wholly independ.
m of the United States, no consiI,ut onal con-
rol of any sort belonged to the United State.
over the States. Under snch an organization, |
i is evident tina, IL would be in the power OF the
states, Individually, to pas unauthorized laws,
mi t. carry them into complete effect, any
hing ia tho Con sttuiion aud laws OF The Unit /
II States 20 The contrary notwithstanding.
This would be a multiplying power ia it. plena-
y character AID whether IL had It's fual ef- !
scr, through the Legislative, Executive, or Ju-
iiciary organ ofthe STATE, would be equally
atal to the constituted relation between the two
} Governments.
Shosld the provisions of the Constitution, rs
lere reviewed, be found not to secure ihe Gov
rnmenl and rights oil the States. against usur-
,stions aud abuses on the part of the United
states the final resort. within the pufyiew of the
Constitution, lies in an ame ndment OF The Con
tuition, according 10 a process applicable by
he States.
Aud IN the event of a failure of every con-