Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-03-22


division distribution of their powers. difficulty
exists long We speak general terms; differ
ences OF opinion arise when We come to act ON parti-
cuiar cosesat presen:, we have no case before the
Sena to- and only discussing the subject for the
purpose of asccrtnning true rule by which to test
cases they arise; and in the event Congress should
transcend the limits boundaries OF It's Constitn-
tona powers, To ascertain where we arc to look for
the ultimate corrective tribunal.
The States existed PRIOR To this Government. Each
OF them possessed alt the rights aud powers which
appertain to sovereign and independent nations For
oil the purposes of self government, no want pow
er or the means of using it, felt by any OF these
communities Life, liberty, reputation, and proper
~, all found ample protection in the State Gov
ernmcnts. II any internal improvement were ne
cessary within lis 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 in the State Governments. There
were objects, however, OF high Importance to which
the States separately, not equal or adequate TO
provide for. T0cse specified III the recommen-
datory letter issued by the Convention and signed by
General Washington, which accompanied the Con-
sttution when presented To the old Congress- for It's
considerations the language is, "The friends OF
country have long and desired, that the power
OF making war, peace and treaties that of levying
money aud regulating commerce, aud the corrcspon-
dent, executive, and judicial authorities, should be
fully md eifectuaily vested in tho General Govern
mcnt of The Union." Here is an enumeration of the
objects which nude II necessary To establish this
Government; aud when we called on to decfdc
whether subject be within our powers, we ought
not to lose sight of the purposes for which tho Gov
eminent was created. When it is rccocctcd that
all tho powers possessed by the General and
State Governments belonged originally TO tho latter,
and that the former is constructed from grants OF
power yielded up by the Stale Governments, the fair
aud Just conclusion would be, that no other power
was conferred except what was plainly and expressly
given. Blu If doubt could exist the 10Th Article
the Amendments to the Constitution settles this quos-
ton. IL declares, that Tho powers not delegated
to the United States by the Constitu,ion nor pro-
hlbtcd by 10 The States, or reserved to the States,
respectively, or TO the people," The conclusion
hence arises, that this government IS one OF limited,
delegated powers, and can only act on subjects eX-
prcssy placed under control by the Constitution,
and upon such other matters may be necessarily
and properly within the sphere of It's action, TO
bic 1t 10 carry the enumerated and specified powers
into execution, and without which the powers gran
ted would BE- imperative. This is understand to
be the good old republican doctrine and by it will
cndeavor TO regulate my Conduct.
In some cases of disagreement between tho Fed
erul and State Governments. as to their respective
powers, who is TO decide? This IS the question pro-
pose briefly to examine. In cases Of doubtful char
acter, question will probably arise, because no
court. State Federal; will declare law unconsti-
tutona unless 1t is clearly and manifestly This
is the rule of decision avowed by all the high judicial
tribunals Of the country will any State act di-
rently. admit that the Supreme Court is the final
arbiter 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 10 the Virginia Assembly in
the year 1929, is not included The Alien and Sc
diton laws, the subjects which he then ac-
ting, we're believed and declared by him and the Vir-
gina Assembly, to be deliberate paipabie md da,,-
gerous exercise of powers, not granted by the
pact or Constitution In such that, ash,
the Senate, shall one party decide? IL will be
Oily granted that in settling questions OF right or
power between different nations one party ought not
love of dominion and rule, 1t will include Within its
grasp all the power possessed by both. This Is the
very principle for which gentlemen contend, when
the subject stripped Of lailacy; which at first OBJ
sructs the mental VISION of tho inquirer after truth.
Gentlemen seem to consider the Supreme Court of
the United States, n separate distinct tribunal,
erected by all the parties concerned, and as DEEPEN
dent on one party on the other. Not so; it is q
portion part of of the parties, created by
the Legislative md Executive branches of the Gen
eral 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
erhment Burdens may be imposed them, and
their labor5 increased TO eXpel them from the
bench, from inability TO discharge all the duties
required by law. name this, because an effort Is
now making 10 compel the present Judges to per-
form their official duties in six additional States O
thing wholly impracticable.
la every contest for power there would exist in the
judiciary, the motives to lead astray, would
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 po
eion of gentlemen be well founded, then the State
Governments have been guilty of the folly and weak
ness Of creating Government which adjudge
away all their sovereign rights and powers; crea
ture competent to the destruction ofs creators; aIC
all this by the easiest operations imaginable. case
is presented TO the court by the Attorney General
opinion is written few sheets Of paper, and Mr.
Peters the reporter Is directed To put it in his book
and forthwith twenty-four sovereign and independent
States protrasted and destroyed. Sir, much as
love peace and quietness, before witness this de-
sire TO hear Glamour about il than would arise
from this silent, sspping and undermining procedure
am arguing upon the principle, without reference
10 the Judges sitting under this Senate cham
Der; towards each Of them entertain high respect
and should any attempt be made affecting the indie
peDdonce Of the Judiciary will 60 as far as he who
goes farthcst in it's defence.
IF those from whom / differ be right the only
security the S have, 10 in the integrity Of
lVTy Of seven men, and Bs the Constitution did
not direct what number OF Judges should constitute
the Supreme Court, one could have been placed