Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-04-02


the sovereign power of the State having cnt:c and un
conroled jurisdiction, could il 10 be
and effected For none of these purposes or objects
there defect of competency in the State Govern
ments. There were objects, however, of high impor
lance, TO which the States, separately euua
or adequate 10 provide. These specified in the re
commendatory letter issued by the Convention, and
signed by Gen. Washington which accompanied the Con
stuion when presented TO the old Congress for its con
sideraon; the language is, rhe friends of coun
try have long and desired that the power of making
war, peace, and treaties that of evyng money and re-
gulang commerce. and the correspondent, executive
aud judicial authorities, should be fully and ecctualI,
vested in the General Government of the Union .
Here is enumer ration OF the objects which made
II necessary TO establish this Government; and wher
we called to decide whether subject be with.
In our powers, ought not to lose sight Of the pur.
poses for which the Government wa, created. When
il Is recollecrd that all the pow now possessed nv
the General and State Governments belong ed orig
ly 10 tho latter and that the former il constructed from
grants Of power yielded up by the State
the lair and just conclusion would be, that Their
power was conferred, except what was plainly and ex
pressly given But if doubt could exist, the 10Th Ar
tice in the Amendments 10 the Constitution settles this
question. IL declares that The powers not deegat.
ed the United States by the Constitution, nor pro
hibited by 10 the States reserved to the States
respectively, TO the people, The conclusion he
arises, that this Government is enc Of limited, deegat-
ed powers. and only act subjects expressly pac.
ed under its control by the Constitution and upon
other matters may be necessarily and properly with
In the sphere OF it's action TO enable il carry the
enumerated and specified powers into execution and
without which, the powers granted would be inopera
tve This understand to be the good old republican
doctrine, and by will endeavor regulate my con-
Duct
In cases Of disagreement between the Federal and
State Governments, TO their respe cve powers who
Is 70 decide! This /, the que on propose briefly to
examine In cases Of doubtful character, question
WIN probably arise, becau.e Court State FEEDER
al will declare law unconstitu iona uness il is clear.
~ apd manifestly So This is the rule of decision
avowei by all the high judicial tribunals of the
try nor will any State act differently. I admit that
the Supreme Court 1, the final arbter in all cases in
law and equity, arising under The Constitution, and
Jaws OF the United States, ma 10 in pursuance of it,
Sl the care put by Mr. Madison in his port TO the
Virginia Assembly in tho year 1899, is not included
This Alien and Sedon laws, the subject. on which he
was then acting. we're believed and declared by him
and The virginia Assembly to be a dclibTte, pdipab'e
and dangerous exercise Of powers granted by the
compact or Constitution. In such case as that / ask
the Senate shall one party decided 1t will he readily
granted That, in settling questions OF rgh, or power
between diff rent nations party ough, not TO be the
exclu'ire Judge; Otherwise strong i, the love of do
'nnon AMI rue will include within its grasp all the
power possessed by both. This is the very principle
Tor which gentlemen contend, when the subject is strip
ped OF faacy; which at frs, obsructs the mental vi
ion OF The inquirer alter truth. Gentlemen seem to
consider Ito Supreme Court OF the United States as
separate distinct ibun Il, erected by all the parties con
cerned and a'dependent party as on the other
No So; tits portion or pirt of one of the parties:
ated by The Legislative and Executive branches Of the
General Government and responsible alone to that 90
vernnent. The Federal Juici,fy, although the ten
ure OF o'hce be during good behaviour is greatly de-
pendent on the other branches Of the General Govern
mem Burdens may be imposed them, and IN cir la
bors SO increased exp.l them from the bench
from an inability to discharge al the duties required
ny law name The, because effort is making
to compel the present Judges to perform their official
duties in six additional Stl:es, thing wholly imprac-
licable.
Judiciary, the same motives to lead it asay as would
exist in the other departments with this difference
'hsy would be stronger because tn. Judges hold their
offices by tenure OF greater duration IL the position
oil gentlemen be well founded then he
men's have been guilty OF the folly and weakness of
c'e,ung Government which can adudge away all
their sovereign rights AMI powers; creature CONNIE
tent to the destruction Of il. creators ali hi. by the
easiest operations ina gnabe. case il presented TO
the court by the Attorney General; an opinion il writ
ten on few shee's of paper, and Mr. Peters { ne re-
porter Is directed TO put il in hs book and forhi
twenty -four sovereign and nie States are pros
rated and destroyed. Sir. much owe peace s. quiet
ness, before witness this, desire to hear more cIa-
mour about il than woul arise from this .ien ssppng
and undermining procedure am arguing upon the
principle, without reference to the Judges sitting
under this Senate chamber: towards each of Them /
entertain high re'pect; and should any attempt be
male affecting the independence OF the judiciary,
VIII go as Tar as he who farhest in its defence.
lihose from whom differ be right, IN. only .ecuri.
Nv the states have, is in the interity of majority Of
seven men; add The Constitution did drec, hat
number OF Judges should constitute the Supreme
Court could have been placed there's and upon his
VIII alcn", according To the argument the other
side, would depend the fate of twenty !oa sovereign
S a.es.
In all questions Of me,tul and fuum embraced with.
IN Its constitutional urisdc'ion, this Court is the
preme tribunal, and incidentally between ndivi-
duas 1t must decide upon all questions necessary
10 enable II 10 come TO a result final aetermn,-
tion and the decision will he binding upon the parties
This however, by means proves that the Court can
decide upon the sovereign rights OF the States so a..
affect them. The gentlemen have been reuue. ted by
my friend from Kentucky, (Mr R,wan) 10 produce an
instance in which sovereignty has submitted isef to
any Judicial tribunal The very Of doing so implies
dependence and inferorty; and that Government which
admits its adversary to decide in such case ackno
lodges that IL is not Sovereign and independent Mr.
OF the Government as well as any man that ever lived
was opinion that the Federal Judiciary Possessed no
such power Mr. Jeferson the great teacher Of rrpn b.
'icanism, through out his whole life contenIed ains
and fortunately for the American people: heir opn
ions are recorded in National Archives and viii
he pre'eyed for the bcne cf those who are 10 ed
us The necessary result IT, that the power of decid-
ing hnay and concusvely does exist in either Gov
ernnen or any department of either. What then i. TO
be done IL Conere,s pass beyond the limits OF
constitutional powers, and IL is found to operate oppres
sively saw upon Virginia. I name thi. old, leading
champion State Tor the purpose OF illustrating my argI
ment more clearly. Shall Virginia submit No. She
10 oppressed, unconsutonaily oppressed. Tie Cen
erai Government has declared in all its Departments
that the SCI IL binding. The Legislature Of Virginia j.
] NJ different opinion. Has she right to say 10 H.
General Government, we did mt give MP hi. power
which you have exercised! May she not say il is an
authority have usurpsd? Such language has be
heid-it was done by Virginia and Kentucky by their
resolutions in 1913 and l700 and il produced The De-
sired elect Those who had cxctcissd siiution
powers were put down, and The administration Of Mr.
Jeneron succeeded. This was appeal 10 The intei-
e'nce and psro'i'm Of the nation 10 correct The evil
.ltsae. IF 81 IL.