Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-10-15
VOL. XVIII. NO. 46
deciding upon the eoO.,u,iouay of all the act. Of i,


own government.
Aud since this last picture has been drawn. hs. no
experience confirmed ia omnous description? Has the
Federal Court kept strictly within the bounds OF the
Constitution? Has not the general current of its decis
ons been too welt calculated excite the
OF the politician! IL is no, only the "occasonsl, but
The pretty uniform effect of its decisions to enlsrge its
own jurisdictions TO extend the powers OF the federal GO
the expense of the rights of the States and
Of the people-And is not this tendency to remove the
landmarks and shift the boundaries of the two jurisdic
tons enc of the very reasons which shave incurred
such) serious and extensive Interpretations" Witness
the decisions i'm the Of McCuock, and i'm the
OF the Cohens.-And wac not this tendency very
strong and alarming, "a 10 draw from Mr. Jefferson
his emphatic declaration: "The Judiciary of the United
Safes is the subtle corps OF rappers and miners con-
s,an'y working under ground TO undermine the ounds
lions OF our confd.rated fabric. They construing
our constitution from coordination of general and
special government TO general and supremc alone.
Ths will lay all things at their feet and they too
well verse; in English law forget the maxim boni
lJudicts est dnipfGre iurisdiconcra.' " Aud in
mu'h we GO upon consequences alone does it seem de-
sirabie to trust the whole ultimate iation OF the
Compact in all aud thus probably The enlargement
OF its powers 10 of the Departments OF of those
governments-a tribunal. made up OF only men,
not directly appointed by the original parties of the
Compact nor with any regard TO the WE light numbers
those parties, but appointed by the Presiden, by and
with the advice and OF the Sena,e-a tribunal
too much liable to the Esprit de corps-and for mere
errors OF opiEon. not under any serious spprehenons
or checks from the re-crow Of impeachment!
Us such the proper tribunal for determining nearly THO
whole shape and the great powers of the Federal Con-
s,ituon? That some tribunal is necessary, TO be
protests in
dvidual States being that ribunalThe Report against
the federal court, being the sole tribunal in the last
resort Mr.. Madison might well have asked, then, whc-
Their no tribunal could be constituted for the purpose
removing disputes, settling claims and producing har-
mony between the Federal government and the States
and between the States themselves. A tribunal nd
Iustcd according TO the federal rule and perhaps atio
and avoiding both extremes of being controlled either
by single State or by the u Stacs.But it is pur-
pose OF ours at TO discuss this question We
tent ourselves with laying the following Extracts as
we promised, before readers:
| ExrRAcTs from the Report Of '0o-lSO0.
IL appears to your committee to be plain princi-
pie, founded in common s>nse, illustrate, by common
practice and essential to the OF compacts; that
where resort can be had TO no tribunal superior the
authority OF the parties the parties themselves must be
the rishtui judges in the last whether the
gain male has been pursued violated The cens,i-
'99n OF the United States was formed by the sanction
oil the states, given by each in its sovereign capacity
adds TO the stability aud dignity, we'll the ar-
hority OF the constitution, that this Ultimate
and solid Foundation. The stacs them being the par
ties TO the constitutional compact, and in their sove-
reign caracy, it follows of necessity, that there can
be tribunal above their ahorifU to decide il, The
last resort, tchehsr The compact made by them be uo
idfed; and consequently, that, the parties it, they
must themselves decide in the last resort, such ques
ITEMS as may be Of sufficient magnitude 10 require their
inerposon.
% 1t does follow. however, that because the
states, as sovereign parties their constitutional CON-
pact must ultimately decide ,cheher IL has been rio-
lated, that such decision ought I've crossed Ell
Their IN hasy manner On doubtful and inferior
oasion'. Even in the Of ordinary conventions be-
tween different nations, where by the strict rule Of
interpretation, breach OF part may be deemed a
breach OF the whole; every part being deemeG coud-
ton OF every other part and of the whole il s always
aid down that the breach must he both wu! and ma
era TO justify an application of the rule. But in The
case III an intimate and constitutional union, like that
OF the United States it Is evident that the nterposon
OF the parties in their sovereign capacity be called
or oy occasions only deeply and essentially affecting
the vital principles OF their political system.
"The resolution has accordin ely gusrled against any
misaPPrehension otis object by expressly requiring for
such an nterposion, the of d.HberGfe pnipa.
Die and dangerous breach Of the constitution by the
exercise OF po,ccTs not granted by it, Ii must be a
case not OF light and transient nature, but OF nature
dangerous to the great purposes for which the consii-
tuition was established IL must be a case, moreover.
not obscure doubtful 10 lis construction but plain and
pdfpdbte. Lastly, it must be not resulting from
partial consideration, or hasty determinations bu, a
stampt with final consideration and deiibernfe
adherence II H not necessary. because the resolution
does not require that the question should be discussed
how far the exercise Of any particular power migrant
ell by the constiinen, would justify the nerpoon Of
the parties TO it, As mig easily be stated which
none would contend ought to fall within that dsscrip-
ton; cases, the other hand might with equal ease
be stated, so fragrant and fatal to unite every opin
| min placing them within the description.
But the resolution has done more than guard a.
eainst msconstrucion, by expressly referring 10
specifies the object of the interpolation which il con.
templates 10 be solely that OF arresng progress of
the eph OF usurpatiou, and of maintaining the author
ties, rights and liberties appeTtaning tho States as
parties to the constitution.
"From this view of the resolution, II would seem
that incur any lust
from those, who laying aside all nome n AIRY impress
sions and receilccliug the genuine and object
OF the federal constitution, shall canddly and accurate
~ interpret the meaning Of the General Assembly. III
the deliberate exercise Of dangerous powers papably
withheld by the constitution, could Justify the par
ties TO it, in interpreting far the pro-
Of the evil, and thereby TO preserve the consu
ton itself, we az TO provide for the safety ofihe par
ties to B there would be end TO all relief from usitp-
ed power and direct subversion OF the rights spec.
fed recognized under all the state constitutions, as
well as plain denial OF the fundamental principle on
which our independence itself was declared
But il is objscted that III: judicial authority is 10
be regarded as bs sole exposition OF the constitutions in
the last resorts and IL may be asked for what reason,
the declaration by the General Assembly, supposng il
10 be theoretically true, could be required the pre-
sent day and in so solemn a manner,
% On this objection il might be Observed first that
there may be instances Of usurped power which the
forms Of the constitution would draw within tho
control OF the judicial department. seeOndY that il the
decision OF the judiciary be raised above the authority
OF the sovereign parties TO the constitution, the deci-
sons OF tho other departments carried by the forms
of the constitution before the judiciary be equal
w authoritative and final with the decisions of that
il, that the resolution Of the General Assembly relates
to those great and extraordinary cases. in which all the
forms OF the consui,n may prove intfeciual against
niraclions dangerous 10 the essential rights Of the par
ties TO IT, The resolution supposes that dang eiOus
powers not delegated, may not only be psurped
and executed by the her departments, but that
uie judicial department also may exercise
lion dangerous powers beyond the grant Of the
sdtutiOn; and consequently tdt the ultimate right Of the
parties 20 the constitution, To Judge whether The
pact has been dangerously violated extend Vio-