Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-02-08

stanus Sione on 'h'S contln2n t--none Other, with
which IL form any compsc, confcde alton, or Union.
Let us suppose the freemcn. or the frecholdcrs on
any other class in whom the exclusive right of co-
vcrnment may DO recognized TO meet together for
the purpose of establishing constitute al govern
u1ent. Jist us suppose them 10 recognize IN each
other perfect ,niiv,du1tty dec unan NOUS
ly, as first truth tho formation of tho
social compact INTO which they are about enter,
that each individual freeman trceholdcr u fco and
lndopoDdcnt OF the rcSt. That he shall not be sub.
Jcct Co any power other than may be delegated hy
thc contemplated constitution aud that th exercise
o. any power not deegSt by any all he tune ION
aries created by that constr uon. shall be Ia
wing laid thus oandatun, they proceed with nc su
perstructure. They delegate Legislative powers 10
make laws; judicial powers, TO interpret and apply
the laws executive powers, TO execute the avs
They deem their work complete and they break UP.
Ihe new government goes into operation How
lung Will 1t continue In operation? The leg .'.tiv.
poA ers have been strictly defined; and he TO-, fla
commence the exercise of those powers with q de
termination TO observe most scrupuousy the pre-
scrioed limits Laws are enacted-These laws come
IN the ordinary course under the Of the Judi
cary Gencgaily, they are uneXcepiIonahle; bat
there is one or more among nm which, - the iut
g s. appear clearly unconditional However hon.
es' the Intentions OF the gsiature may nave been
these lows, according 10 he )udg, s. apprehension OF
the limits prescribed 20 the lee stature tr tnsccu-
those limits. Here, is dill NINA. Shall tie Judges
act N accordance with Htjr We've of the cons,i
iutOuaI limits, or IN accordance with the views Of
icy ioDh INTO thu coISiit they
fad no func;ionary created 20 decide winch Of the
conflicting views II the right one. Here tlen Is
@cul,y inherent IN the nature Ut tnoly creation for
which tie ramers of the Constitution have omitted
provide Bat the nature 9 ta;nss req;5es that II be
surmounted. Tie Judge, arc under on r5solnf. nc
eess%y, or the timc beng, - tn c,oao' avoid
ACTiNG.) upon the one the other o. rr two pr;n-
cPeS mat aGir views shall prevail, or tha those n
he /eyiSi1ture shall prevail. The world cannot TO
made Ia stand sill, until the rancrs of he cors,iiU-
ton shall provide for this dltcuity-tho oreraons
OF nature cannot be arrested and held III su-psns-
I@as wall move on. Suppose man hos brnn inpri-
soncd nndST 4 law Which the judges deem urconsjl-
tutiou7L III" must either remaIn under II h. oprTa.
non of the Jaw, or be relieved from its orets;iSn-
This IS one instance the absolute necessity vh,ch
attends constitutional government. that either gam"
Judge OF constitutional Questions be es'shluhed be
the ga tors OF the governments or If thls has Scen
emitted, that each OF tho unctnnaes under he CON
siHu'ion should ACT tassin say they cannot avoid
rci'aS, upon his views, the Vows Of one Of
his cO-ordInateS.
The above difficulty arises ftom difference Of opn-
ION between oneJRnctionary AMI arotier. But there
IS Gpcond crs, IF difficulties, equally Inherent IN
The subjects and leaning to an dbsOiufs necessity
equally unavoidable. They from differences OF
opinion between one If re ui,riudis parties 10 the
conpGct--one Of TIE Of ne vT,ct,o7r, les
Gd ne JtG1c.,DnGrJss ttsuSeiuct. One Of the sove-
reign freohoiders IS summoned before ;he iudicis.-
Conscicntiousy desning the law which he mas viola
ted TO b Unconstitutional. he holds thera his Ian
scage: This law IS unconstitutional; und therefor
by he fundamental principle OF tine compact o which
am party, cod. have consequently committed
no oiTencc. However different my be vour opinion
as 10 the consttulions!ity 81 the law recognize IN
you no authority TO decide upon The question. Look
into your charter! Ysn WI fn1 yourselves invest-d
WITH authority 20 determine whether hsve violated
the law; but with whatever to determine yntl-
er the law be constitutional OF Unconstitutional
lhis question IF Ihich claim to be the iudsc
for myself The fundamental principle Of the con-
rar 81. - Il II -
De a rnooksry-I should il practical port of Wow
have subjected ny self 10 unlimited powers in your
hands" What IS the judge to dor Act. he u1,lst:
either upon his own views OF the coastitutonahty Of
the law, upon those of the individual party TO the
cumpact. The man must CT her remain IN prison. or
De discharged. The proceedings against him must
either BE- arrested, or go on similar difficulty
might occur between the tegistat,re fanconary and
one Of its creators who should the ground Of I'M
sec fit to prohibit the enactment of
q law IN contemplation,
Here then is another dilemma, ia which the fine-
tionares under constitution will inevitably find
themselves; unless It's trainers have provided a jvdpe
# lhe constitution: not only TO qSestioas srislns
among the fuuoon,ues but ash the questions winch
sill be perpetually arising between those funot"na
res uOd the several individuals by whose Joint act
they called into existence.
This is another obvious fact TO which AIr Webster
pointed such Judge, he termed the key stone TO
The arch, without which il could not for moment
g; and"
have intro 1uced the above imaginary case Tor
purpose very obvious and very legitimate The pnr-
pose OF 6ivesting the subject Of terms and Gssocla-
tons Of ideas connected with preju3ces Of the most
bhnilng power-the purpose OF giving trutb tar play
with the readers mind will now make an spp!icaton
70 The real case Of the flet5 the Incontroye,ublc
facts therein held uD 10 view
For the individual men whom VIC have supposed 10
meet together, and establish constitutional fnctona
RES, let SUBSTITUTE individual S,ales-comnunules
perfectly sovereign g. independent of each other. No
further Substi;uttou--and but diiltiOn-s requ-
site 70 convoy just idea Of the Cow Of the u. s. Of
America. The addition IS tho individual men, as they
do uo consist Of separately existing units oannrt GRE
ate functonsrigg TO act separately the constituent
elements Of tho parties 10 the compact establishing
those funcuonaues. But ndIyousl ales, as hey DO
consist & separately existing units fnsn can esta-
5lsh unctonaries To act separately their conftu-
ent elements. Tha csn be con & this 5as tsea done
The sovereign States who constitute this Union, on
creating certain comrnnh agents for all thc parties 10
tho compact establE hung those agents, authorized
them 90 act separately on tbe individual men com.
posing hose States. An adyouonce 20 jbis feature in