Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1830-04-12


which the judicial power can be- extended Il
the former class of controversies. there Is nom
20 extend IL 10 the latter class, nr any casa
which single State may consider MS prcssn
tug an iniaction of her own power. Iht
gentlemen from Kentucky mir. Rowan and
other Senators have contended that State can
not surrender any portion OF her sovereignty
and we have been asked 10 produce an instance
~ which sovereignty has submitted itself To any
Judicial tribunal. Those who formed the con
slhoilon, IN their recommendatory letter signed
lhy Washington ON the l1h of Seplember
1887 informed us that" il is obviously nnprae
tirable IN thr federal government OF these
States 10 secure NIL the rights ot Independent
sovereignty 10 each, aud vet provide for tho
interest and safety of all The gentleman from
Tennessee, in order 10 explain aud oonst,nc h'
constitution, referred 20 the briel enumeration,
contained IN this letter, Of tho specific objects
which made IL necessary To establish this gov
ernmen NJ. refer 10 the sumo auth 'rip 10
| overthrow the doctrine which regards all the
rights OF independent sovereignty IN each oil
the States, aud 10 prove that some ot those
rig hts were, in the view of the convention
cededto provide for the general welfare.
State ATE noI self existent they are created by
| he people for their benefit. Those who have
| conferred state power, can take II away aud
Tor then own good they have uanNrred u
portion OF this mysterious principle of sOveI.
eignty, which troubles gentleman so much, Ia
another place. They have transferred n por
lion OF TIN Judicial power To the Supreme
Court, which acts IN an impartial umpire, and
NOT as an adversary party deeriing his own
ause, Ms N enormously supposed by some rea-
'nners here. The gentleman from Tennessee
says HE Fedes Judiciary Is, when qheh-'
iIon OF State ilghs Ia before IT, n portion
parry ufone of the pnrlirs, created by the LIE.
Rislative aud Executive branches Of the general
government, responsible 10 that goVefnmen'
alone aud liable 10 the imposition Of desi' ua
NV burdens by that party. Even II all thls
were coruec ~ would he a sufficient answer 10
I, when discus ing this question, To reply TINT
ihr State had agteed that the afbiier should In
'nns created and thus responsible, having signed
Ihe arbitration bond deliberately ana with iull
knowledge Of the consequences Bat when We
look into the instrument we Gud that IN.
States, bv their representatives Ia the senate,
must consent IN the appointment OF The nrbiteI
o. he is not lawfully chosen. They eni
challrnge Tor cause, aud they can challenge
peremploIiIv. By refusing 10 consent To az
'Ointm.nts, tbey might IN time ynchie every
seat on the whole tribunal. by the Legislative
power Of their immediate representatives IN tn
Srnnte, responsible 10 the States MS their oniY
,na.tcr,, they can always prevent the imposition
nf oppressive burdens by The common aibrefs
They alone can try these nrblters on impedcp-
meni for miSbehaVlor, and without impeach-
menf these arbIlsrs cannot be removed from oil
fee.
The Senator from Kentucky objects 10 the
Federal Judiciary, that majority IN Congress
may b, law increase the number OF Judges
aud mus Cypress the minority when they
please II has been sn,d TOO, that large States,
with a great representation IN Congress such
ms New York and PeunsJ wanna, combining
with others, may by their superior vote 80 far
GREASE The number on the bench as 10 op-
prrss a6d destroy the sovereignty oil the lesser
Sutrs II the objection has any weight, II l.
,nr which could be made TO our whole system
,f,epublcan government, We are ruled hy
majorltles aud II the MINORITY OF this nation
hpud become radically corrupt, admit thai
the Government will soon tall Bn Ia, sui
icnnt reliance on the virtue and go ID sense n
,he people. whether living IA large or smnll
states. 10 believe that no attempt will ever be
deliberately made by majority in either, TO
dc,troy the independence and legitimate pow
ers Of The othrr Aud feel no approhensions
on this subicci, for other reasons Let US IN.
qure into the mode Of operating Surprising
now Go mike out TIM gPntleman's cnse) tina
the large states wckedly conspirc 10 rum the
small ones New York, Kentucky, Ohio,
Pennsylvania, Virginia aud North Carolina,
briug las would he so pr0bableD unlled for this
end, carry n bill through the other House 10
double the number Of Judges suppose, too,
thai they had by their votes elected "A Presl-
dent who would second their vlews.--When
the bill comes before the Senate, II the small
States understand THEN object. they, having
an equal representation here, secured by the
f.. a.. ~. .,sl.
brrs can never change, vote you down at once
and your combinations Gas other Comblhu.
tons may be) Is consigned 10
-" that same ancient vault,
Where all The kindred OF the Capules lie
But suppose the Senators representing the
small STATES here, not suspecilng mischief, bnl
relying On your integrity, snliur The bill 10
pass Your President being N the plot, ms We
will for the sake of aTgemeut suppose, II be.
comes a law. What then ? The beech is mol
vet filed. The " modus operandi' requires
that he should nominate, aud we should con.
sent 10 the appoiotmenI of the men who are 10
adjudge away our independence. We might he
slow 10 suspect our old friends Of dishonest
PURPOSES but we can learn some things If you
give rs time. When you bring oni your nom
nations, we cannot fail to understand your
plan. You are caught nj once. fdgrdntc dedcs
10, and we check you in the Senate, by reject
ing all nominations which do not please US.
We have Two chances TO put an Elf ctual ref0
on your plot and our Ueto - very different
affair from your State Uei0 on an act oil Con-
gress However thankful, therefore, We may
be Tor the kindly appre Extensions expressed Tor
our welfare, we say that we are not yet alarm
ed We cannot see, with the honorable gen
tcman from Tennessee, that the States have
been guilty Of either folly or weakness IN cred
ting such a tribunal as we conceive the Stu
preme Court Of the Unitrd States to be--nor
do we think with him, that by the easiest ope
ration imaginable his creature is SO competent
10 he destruction Of its creator.
But whatever may have been, IN the opiniou
of honorable gentlemen, the folly OF the peo-
pie of these States 10 creating such a tribunal,