Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-11-05

lengsd Tor cause Mr. Justice story-ths second Dan.
ie again appears reads the writing and gives the in.
depreciation thereof Will Il be possible for hat
Judge to eace all his former forget the
opinions he had formed and avowcd, and the doctrines
to which he bad shouted his appauses and give an i'm
partial and unbiased Judgment. And il he could nos
.oiy do all this, can he make any but himself believe
that he has done liz viii "the Presidents and Princes
TO whom this Daniel Is to be preferred submit with entire
respect, to preference thus declared, Can II DO ex.
pected Of the opponents OF Mr. Webster and his doc.
trnes, that they should be satisfied with a decision
which they have had 10 leave the hackers and bottle
holders OF their antagonist,
There Is another circumstance which makes il doub.
y indelicate and undignifed-hat you should be seen
among the supporters OF MIR. Webster and his consitu
tonai views; Mr. w. constructs the constitution you
you do by taking its tcoe sense and by taking the
spirit which gives Il le" As n part of this tuhsle
creation of this spirit he has given to the
supreme Court supremacy Of power. which some
disposed to question, and which may lead 10
quences not fully oreseen by the trainers of the Cons
tuion or by the States that adopted it, Whether this
high tribunal was intended to be vested with such pow
ers, shall not enquire But If Mr.. Webster be right
and the exercise of this power be consistent with the
constitution, and necessary for the of the
Government, there must be great dignity and modera-
ton on the part OF the Judges in assuming II. They
must receive H. as sacred trust; not seek il,
as the prize of ambition. The politician who advo-
Gates this power OF the Court, must be cheercd
by Judicial huzzas, their praises of himself
and his doctrines. Where the of their own pow
crs is in contest II does become them nterpose
And IL the tchoie sense Of the constitution shall be
exclusive right OF settling the constitutional powers of
all the Departments Of and all tho deren
ces and conflicts OF opinion to such powers. Of rival
pouca parties then Is II most essential that the
bers OF this High Court who finally decide these
controversies should descend to Join In the strife
with the combatants.
There IL another subject upon which YOU stand COM
United the record of this unfortunate festival The
Indians are toasted with plain nmaon of the feelings
ana opinions oil the company upon the questions agtat
been Ignorant that IL publicly avowed and generally
believed, that this controversy would be brought the
determination Of the Court of which YOU are a member
Its decision necessarily involves portan
questions Is it your usual practice when controver
sizes arise, which may probably, possibly
before you as Judge, TO encourage either of the -
giants by an inimaion of your opinion! DO you feel
quite competent to sit in a which this encour
agement may have brought to you! where you have
avowed that your feelings and opinions in favor Of
one OF the parties? Or Is il only in great cases. where
the peace and honor Of the Government or of State
are involved that you think it necessary for your de-
cision to precede both the case and the argument
Upon this subject you have been well understood
The Indians have employed learned counsel to bring
their cause before your Court-and Mr. Writ, in his
letter to the Governor Of Georgia. proposing to make up
for the dec,on Of the Supreme Court tells him
that Sin the Supreme Court Of the United States they
shall find tribunal impartial and enlightened as
can be expected this earth: If partiaty can be sup
posed to find its way into that high tribunal on any oc
cason, II is not such this. that the Cherokee
nation have right TO expect in their favor. To them
the Courts Of the United States foreign Courts while
they are the domestic tribunals Of the States of the u
nion."
Now, If this shall ever find its way into the
Court, what an agreeable disappointment awaits Mr..
Writ and the Cherokees There will certainly be one
member of the tribunal whose Partially they need not
deprecate.
Not content with committing yourself on these topics
with your entertainers you have further and join
ed them in an attack upon the Chief Magistrate of the
nation, indecent in them, and inexcusabe in you.
After the nine cheers to Mr. Webster follows this
toast
"The Presidency of the United stases-whom the
people will, they set up--We rejoice that whom
they will, they can set down."
After this, the party in opposition to the
may well claim you as an avowed confederate in the
whole war AS SUCH are you acting with fairness and
proprety towards the Executive Department Of the Go.
verpmen or fit for the discharge of the duties OF your
own! The President has been constituonally se up
by large majority Of the American people. As the
Chief Executive Magistrate, IL is his duty 10 execute
the constitution and the aws-He is also propose for
the consideration Of Congress, such as in his
Judgment, the constitution warrants, and the public
good requires Ii his acts, the adopted on
his recommendations transcend the constitutional limits
they according to Mr. Websters doctrines and yor
own (Which lam not disposed to question: be brought
before the Supreme Court, as the supreme expounders
OF the constitution for adjudication. When such a case
occurs, 1t to be horne that he shall find there among
those who to sit the Supreme Judges of his
ures who have been seated among his open rever
Can he be impartally edby any who have been re
mending it to the people to "set him down." unfit to
govern, & unworthy of their confidence? Would Won NOT
under such circumstances, feel constrained leave the
bench, sit there at the hazard of doing inusce?-
Now, you have right TO place yourself and the co,in-
try in this predcament, every of your brethren has
the right.
II may happen that the party in opposition 10 an adj
ministra'on dare not bring the they vsh TO
condemn, to the test Of such adjudication NAV bet
ter answer their purpose to get judicial opin-
ion from one Judge, il they cannot succeed with more
and hight the battle before the people in the strength
that opinion. This is exactly what has happened You
have given yourself and your opinions the present op.
position, and they are making the most of YOU You
have undertaken 10 dictate TO the people their uty
| l..o.. CsI. a.
decorum 10 be Observed (whatever may be the opin
ions and preferences of men Individually between
The coordinate branches Of Government Is il desi-
rabe state OF things that they should be seen reyIine
each other and thus destroy public confidence in ali!
Or is only the high judiciary that is be allowed to
pronounce its anathemas! This il it be the branch
which is finally TO give reversble judgment upon the
acts OF others, is, from that very circumstance less
TO be tolerated in such unjust to the Others
derogatory 10 itself beg you, sir 10 endeavour 20
suppose that the President OF the United States had
far forgotten himself, TO have expressed in sent.
ment at public diHner, his Of confidence in the
Judiciary, and his wish that il could be "set down ("
Suppose he had said this OF the whole bench or of any
particular judge and ask yourself what you would have
thought and said of such an outrage l need ask no
severer sentence TO be passed your act than such
case, you would pass on his. And, yet, IL you NAV
be called 10 sit in judgment his measures which he
cannot be as to yours the outrage your part is far
beyond that which have supposed in him.
sball now only call your attention TO another 80 MI
meni -" The Judcisry-Msy the storms Of party
violence never shake the Tempe Of Justics-If tina,
fall. great will he the fall thereof"
regret that your address, which IL said 10 have fol-
lowed this toast IL not given in the record OF
ngs. shooId like to have seen how YOU thought the
frpnI AfI nsts, L. 49,