Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1830-10-20

ment of the United States is adequate
and safe for its objects, time alone can
absolutely determine. Experience seems
to have shewn, that whatever may grow
out OF future stages Of our national career,
there -, as yet, a sufficient control, in
the popular will, over the Executive and
Legislative Departments Of the Govern
ment. Nben the Alien and Sedition
Laws were passed in contravention to
the opinions and feelings of ihc commu-
mty the hIa elections that cnsucd put
an end TO them. And whatever may
have been the character Of other acts, in
the judgement Of many of MS, il us but
true, that they have generally accorded
with the views OF ma ority Of the States
and of the people. At the present day
II seems well understood, that the laws
which have created most dissatisfaction,
have had ii like sanction without doors;
and that, whether continued, varied, or
repealed, "A like proof viii be given ofthc
sympathy and responsibility of the Re
preventative body to the constituent body,
Indeed, the great complaint now is, IL
ganst the results Of this sympathy and
responsibility in the Legislative policy of
the nation.
With respect to the Judicial power of
the L. States, and the authority of the
Supreme Court in relation to the hound
AIRY of jurisdiction between the Federal
and the State Governments, ! may be
permitted to refer to the thirty-ninth
numbcro of the "Fcdcralist, ,"t for the light
in which the subject was regarded by It's
writer, at the period when the constitu-
ton was depending; and it is believed,
that the same was the prevailing view
then taken of it, that the same view has
continued to prevail, and that it does so
at this time, Notwithstanding the eminent
exceptions to it.
'But it is perfectly consistent with the
concession of this power to the Supreme
Cout, in cases falling wilhia the coufs,
OF It's functions 10 maintain that the pow
or has not always been rightly exercised.
To say nothing Of the period, happily Il
short one, whcn Judges in their seats did
not abstain from Incorporate and party
harangurs, equally at variance with their
duty and their dignity; there have been
occasional decisions from the bench,
whi IA have incurred serious and extern
sivG dlSapprobation Sill il would seem,
that, @i'h but few exceptions, the course
of the judiciary has been hitherto sus-
tanned by the predominant sense Of the
nation.
'Those who have denied or doubted
the supremacy Of the judicial power of
the United States, and dcnouncc at the
same time nuIlilying power in State,
seem not to have sufficiently advCrtcd TO
the utter Incllicicncy Of a supremacy in a
law of the land, without supremacy in
the exposition and execution OF the law;
nor to the destruction Of all cquiposc
between the Federal Government and
the State Governments, if whilst the
lunctionarics of the Federal Government
are directly or indirectly elected by and
responsible to the States, and the lunc-
tionarcs of the States are in their ap-
pointmcnt and responsibility wholly IN
dependent oflhc l.. States, no constitution
al control of any sort belonged to the bnI-
ted States over the States. Under such
an organization, II Is evident that IT would
be in the power OF the States, ,ndlvIdnally, ,,
to pass unauthorized laws, and 10 carry
them into complete effect, any thing IN the
constitution and laws ofthc United States
TO the contrary notwithstanding. This
would be nullilying power IN ITS pl"na-
ry character; and whether it had It's fin
al effect, through the Legislative, Exc
cutivc, or Judiciary organ oi the State,
would be equally fatal TO the constituted
relation between the two Governments.
Should the provisions of the Constliu-
ton as here reviewed, be found not to
secure the Government and rights of the
States, against usurpations and abuses ON
the part of the United States, and final
resort within the purvicw oithc C"nsiltu-
ton, lies in an amendment of the ConSil-
tutlon, according to n process applicable
10y the States.
and in the event ola failure of every
constitutional resort, and an accumula-
ton of usurpations and abuses, rendering
passive obedience and non-icsisiancc n
greater evil, than resistance and rcvolu-
ton, there can remain but one resort,
the last of all; an appeal from the cancel
led obligations of the constitutional com
pact, to original rights and the law ofscli-
preservation. This is the ultima ratio
under all Governments, whether CONSOLE
NO 80. III is true, that IN controversies relating
To the boundary between the two jurisdictions, the
tribunal which is ultimately TO decide, Is to be cs-
tablIShcd under the General Government Hut
this does not change the principle of the case The
L. IL. L.. IL.