The Arkansas advocate., 1830-12-01
From the Baaner ef the Constitution We have ill this Journal endeavored

~Iot' lic haiiido VI our Tedu- CTS, the importance of the stud, oi po- litical economy, as q branch of knowl- edge absolutely indispensable for every one who aspires 10 political stations, and who would naturally be expected to be eonversant with the principles of co. stitutional law. We have also sug- sested, that although iii Europe, where the powers of government are not re- stricted by specific limitations, and where the right to favor one branch of industry at the expense of another, is not denied, there Is no necessary con nexion between political economy and the study of law, yet that under our form Of government the case is widely different. Thus in England man may be an efficient political economist, with out being lawyer;or he may be agood lawyer without being a proficient in po- itieai economy, aiid may sas such occu- py the most elevated seat on the bench of Justice. In this country, on the oth- erhand, the highest judicial stations can only be properly and faithfully filled by those who are skilled in political econ om3, and for the simple reason, that those who are not so skilful, cannot have the confidence of the whole commun- ty in reference to their competency to decide upon the constitutionality ot laws, with the tendency and nature of which, as regards national and individual wealth, they are unacquainted.
 Every one must know, that the impu- tation of infallibility to any set ot lndl- yiduals, let them be whom tl4ey snay, IS absurd. Men are at best but men, aad as such are liable to err; and the idea, therefore, that there even can exist any tribunal which can be capable of deci- ding without the possibility of being wrong, must be founded upon belief ii the perfection of human nature, which experience has not established. The most that can be expected, there fore, in any court of justice, IS an ap- pfoNilnation of infallibility, ard even that cannot be looked for except where the judges are wholly uninduenced by the prominent political questions which occupy the public mind. The body polltIch has within it moving principle which directs the general mass. This may be called public opinion, and when powerfully excited, 1t moves on like mighty current, drawing within its in- huence all the individuals of tie com muhit5 amongst which it flows. Even judges are not exempt from its power, and, say what we will, chiming in with the received opinions of the great mass oi the people amongst whom one lives, IS, ln greater or less degree, to be look ed for, in judicial as well as in Iegsla- tive and executive transactions. But our present. purpose is not to touch up- on this ground of fallbility. It is to show that no one is qualified to sit in Judgment on the bench of the Supreme Court cf the United States, upon any Case involving constitutional doubt, the decision of which in one particular way might do mischief to the nation, unless he possesses a complete knowl- edge of the effects which such decision would necessarily produce. For, it is reasonable to suppose, that a judge, in making up his opinion upon doubtful power, would endeavor to inquire into the motives which induced the grantors to confer it. If those motives were clearly shown to be, the welfare and benefit of the grantors, he wouldsun- doubtedly construe the power in the manner aOhich, ID his opinion, would ac- complish the end proposed. Let us suppose case. Suppose law to be passedby Congress,appro opriatingtwelve million of dollars per annum to the con struction of roads and canals, taking for their authority one or all of the cIau- ses in the Constitution which declare that the Congress shall have power,
 'sTo establish post offices and post roads,
 ssTo declare war;"
 eTo regulate commerce with foreign nations. and among the Several States ; "To pay the debts and provide for the common defence and general well fare of the United States" and
 s.To make all laws which shall be ne- cessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government ofthe United States, or in any dependent or officer thereof
 ,r,acl ;4 .u...4, 4andnd h.. la rcro