Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1830-10-28

which might present themselves as 70 the
form Of stating the aPpsai, and as the quo
rum Cor deciding i.
To have frosted TO negotiations for adjust
/ ing Disputes between the government OF tir
United state, and the State Governments, as
bet Ncen independent and separate sovereign
ties. would have lost sighk altogether oil 4
J constitution and government for the Union;
and opened a direct road from a failure OF
that resort, to the siiiRa rsii0 between ma
tons wholly independent of and aiIsn to each
other. If the idea bad its origin IN the pro
cess Of adjustment, between separate branch
es oil tho same governments, the analogy en-
tirely fails. In the case oil disputes between
Independent parts OF the same Government
neither part being able to consumunate AIS
will, nor the government to proceed without
a concurrence of the parts, necessity brings
about an accommodation. Ia disputes pc
tween a State Government, aud the Govern
ment Of the United States, the case ispractl
cally az well as theoretically different; each
party possessing all the departments of an or
gained government, Legislative. Executive.
and Judiciary; and having each a physical
fierce to support its pretentions. Although
the issue Of negotiation might sometimes a
weld this extremity, how often would al hap
pen, among so many States, that an unac
commodatiug spirit in come would render
that resource nnavailiag? A contrary suPpo
sition would not accord with 4 knowledge Of
human nature, or the evidence vi opr own
political history.
The constitution, notfelying or any Of the
preceding notifications, for ITS safe and sue
cessiul operation, has expressly declared, on
the one hand, 4, "sttat The constitution, and
the laws made in pursuance thereof, a2d all
treaties made uoder the authority Of the u.
alted States, shall he the supreme Lave OF the
land; ., that the Judges of every State shall
be bound thereby, any thing IN the constitn
ton and laws of any State TO the contrary
notwithstanding; 8, that the judicial power Of
the United States shall extend to all cases in
law and equity arising under the constitution,
the laws Of the United States, and treaties
saade under their autksIity, ST."
On the other hand. as a security Of the
rights and powers of the States, IN their indt
vidnal capacities against an undue prepondc-
rance Of the powers granted to the govern
ment over them III their united capacity, the
constitution has relied on, /, the responsible
iy of the Senators add Representatives in
the Legislature OF The United States 10 the
Legislatures and people OF the United States;
2, responsibility Of the President to the peo-
pie OF the United States; and s, the liability
Of The Executive and Judicial functiensries Of
fae United States to Impeachment by the Re
representatives. Of the people Of the States, in
one branch Of the Legislature oil the United.
States, and trial by Representatives Of the
States, liz the ether branch, the State funC-
tionaries, Legislative, Executive, and judi
cIal, being, at the same time, in their APP
peintmont and responsibility, altogether iade-
pendent aifbe agency or authority of the u
nited States.
How far this structure Of the Government
of the United States is adequate and safe for
its objects, time alone can absolutely deter
mine.-Experience seems to have shown,
thai whatever may grow. out of future stages
of our national career, there is, as yet, a snf
fcient control in the popular will, over the
Executive and Legislative Departments of
the governinent.-When The Alien and Sodi
ton Laws were passed in centrayention to
the Opinions and feelings of the community,
Inc Ifst elections that ensued put an cad 10
them. And whatever may have been the
character OF other acts, III the Judgment OF
many Of US, it is but true that they have se-
morally accorded with the views OF the ma
jortty of the State and Of the people. At the
present daylt seems well understood, that
the Laws which have created most dissa5siac-
tioH. nave hdu a like SHiriiol 0At u s3bihs
and that whether continued. vaiied. or re-
peaied, a like proof viii be given OF the sym
patty and responsibility of thu Representa-
live body to the Constituent body. Indeed,
the great complaint now is against the results
OF this sympathy and responsibility in the
Legislative policy of the nation.
! VIII respect 10 the judicial power Of the
United States, and the authority of the Su
prenle Court in relation to the boundary OF
jurisdiction between the Federal and State
Governments, I may be permitted to refer
to the thirty ninth Number Of the "Federai
ist, US ler the light in which the sabject was
regarded by lis writer, at the period when
the Constitution was pending; aad it is be
heved that the same was the prevailing view
then taken Gift, that The same view has con
tinued to prevail, and that it does So az this
fine, notwithstanding the eminent cxcep-
items to II.
But it is perfectly consistent with the con-
eession of this power TO the Supreme Court,
in cases falling within the course Of its lunc-
dons, 10 MAINTAIN that the power has not al
ways been rightly exercised. 10 say nothing
OF the period, happily a short oac, when
Judges in their seats did not abstain from
Incorporate and party harangucs, equally
at variance with their daty and their dignity;
there have been occasional decisions from
the bench. which have incurred serious and
extensive isapprobation.-Stillitwoald seem,
that, with but few exceptions, the course Of
the Judiciary has been hitherto sustained by
the predominant cPnSs Of fha nation