Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-03-23

I.
the State and Federal Governments. As to the true
division distribution of their powers difficulty
exists so long as we speak In general terms dieI.
ences OF opinion arise when we come TO act on parts
cular caSesat presen. we have no case before tho
Scna te and are only discussing the subject for the
purpose OF ascertang the true rule by which TO test
cases as they arse and i'll the event Congress should
transcend the limits boundaries of It's Constitu-
tonal powers, tn ascertain where VIC are to look Tor
the ultmitc corrective tribunal
The States existed prior to this Government Each
OF them possessed all the rights and powers which
appertain to sovereign and Independent nations For
oil the Purposes OF self government, no want OF pow
or, or tile means of using it, felt by any of these
communities. Life, liberty, reputation, and proper
ty, oil found an ample protection in the State Gov
ernnenb. 1t any internal Improvement were ne
oessary ,wihn It's limits the sovereign power OF the
State, having entire and uncontrolled jurisdiction
could cause it to be undertaken and effected For
none OF these purposes objects was there defect
OF competency i'll the State Governments. There
we're objects, however, of high Importance, to which
the States separately, not equal or adequate to
provide tor. These are specified III the recommeT-
daory etter issued the Convention and signed by
General Washington, which accompanied the Con-
stiution when presented the old Congress, for its
consideration; the language is, 'The friends of our
country have long seen and desired, that the power
of making war, peace, and treaties that of levyIug
money aud regulating commerce, and the correspon-
dent, executive, and judicial authorities, should be
fully and efectually vested in the General Govern
ment OF the Union." Here is enumeration of the
objects which made 1t necessary to establish this
Government; and when are called on TO decide
whether subject be within powers, we ought
not to lose sight of the purposes for which the Gov
eminent was created. When it is recollected that
all the powers now possessed by the General and
State Governments belonged originally to the latter,
and that The former is constructed from grants of
power yielded up by the State Governments the fair
and Just conclusion would be, that other power
was conferred, except what plainly and expressly
given Bu' If doubt could exist, the 10Th Article III
the Amendments to the Constitution settles this ques
ton. 1t declares, that The powers not delegated
to the United States by the Constitution, nor pro-
hlbed by it to the States, reserved TO the States,
respectively, or to the people," The conclusion
hence arises that tins government is one OF limited
delegated powers, and can only act subjects eX-
pressy placed under its control by the Constitutions
and upon such other matters us may be necessarily
and properly within the sphere of it's action 10 ena-
bic TO carry the enumerated and specified powers
into execution, and witIodt which the powers gran
ted would be imperative. This is understand to
be the good old republican, doctrine, and by it will
endeavor TO regulate my conduct.
In some cases of disagreement between the Fed
eral and State Governments, to their respective
powers, who rs to decide? This is the question pro-
pose briefly TO examine. In cases of doubtful char
acter, no question will probably arise, because no
court. State or Federal; will declare lazy unconst-
tuionai unless 1t Is clearly and manifesty so. This
is the rule Of decision avoWed by all the high judicial
tribunals OF the country; will any State act dife-
rently. ! admit that the Supreme Court is the final
arber IN all cases IN law and equity. arising under
the Constitution, and the laws of the United States
made in pursuance of it. Still, the case put by Mr.
Madison in his report to the Virginia Assembly In
the year 1893, is not included. The Alien and Sc
dition laws, the subjects which he was then ac-
ting, we're believed and declared by him and the Yir-
GINA Assembly TO be deliberate, 1,aabte and dan,
Serous exercise of powers, granted by the com.
pact or Constitution In such case as that I ask
the Senate shall one purity decide? 1t will be req
Oily granted that in setting questions of right or
power between different nations one party ought not
to be the exclusive Judge; otherwise strong is the
love OF dominion and rule, it will include thin its
grasp all the power possessed by both. This is the
very principle for which gentlemen contend, when
the subject is stripped of allacy; which at first OBJ
structs the mental VISION of The inquirer after truth
Gentlemen seem to consider the Supreme Court of
the United States as a separate distinct tribunal
erected by all the parties concerned, and as depen-
dent on one party as on the other. Not so; it is
portion or part OF one of the parties, created by
the Legislative and Executive branches of the Gen
era Government, and responsible alone to that gov-
eminent. The Federal Judiciary. although the ten
of Office be during good behaviour is greatly de-
pendent on the other branches of the General Gov
eminent. Burdens may be imposed on them. and
their laoors so increased as to eXpel them from the
bench, from inability to discharge all the duties
required by law. name this, because IN effort Is
now making to compel the present Judges to per-
form their official doties in six additional States
thing wholly impracticabe.
In every contest for power there would exist in the
exist in the other departments, with this difference
they would be stronger, because the Judges hold their
offices by tenure of greater duration. If the DO
stion of gentlemen be well founded then the State
Governments have been guilty ofthe folly and weak
ness of creating Government which can adiudpe
away all their sovereign rights and powers; crea
tute competent to the destruction ofs creators; and
all this by the easiest operations imaginable. case
is presented to the conrt by the Attorney General an
opinion Is written on few sheets of paper, and Mr.
Peters the reporter is directed to put it in his book
and forthwith twentyfour sovereign and independent
States are prorasted and destroyed. Sir, much as
love peace and quetness, before witness this de-
sire to hear Glamour about it than would arise
from this silent, sappng and undermining procedure
am arguing upon the principle, without reference
to the Judges now sitting under this Senate cham
ber towards each of them entertain high respect
and should any attempt be made affecting the indie
pendence OF the Judiciary, l will go far as he who
goes farthest in it's defence
If those from whom l differ be right, the only
security the States have, is in The integrity of a ma
w Of Al