Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-10-13

authority of the United States all be the supreme
law ct the land; ?, that the Judges Of every State
shaii oc pound thereby, any thing IN the Constitution
anu laws at ANY State tue contrary notwithsIand
ng; ), that the judicial power ut the United States
shaii OK end TO all cases M law and equity arising
nnaer the Constitution. the laws of the United States,
ana treaties made under their authority" &c
On the other hand, n security of the rights and
powers OF thc States, III their individual. capacities,
against an undue prep)ndNrdncc OF the powers grant
ed to the government over them IN their united ca
pacity, the constitution has relied ON, l. the respon-
siely OF the senators a'd repre-. entaiiVcs in the
Legislature Of the Uncd States to the Legislature
aud the people Of the States = hc responsibility OF
the President TO the pcipe of the United Static.
and ., the liability Of the executive and judicial
fu9ciionarIes ofthe United Safes 10 impeachment
oy the repr"s atiNes OF the people OF the States,
IN one branch Of the Lcglslai uru OF United
States and trial by the REPRESENTATIVES. of the
States IN the other branch: the State lnctiona ries
legislative, executive and judicial, being at the
same time, III their appointment and resp.nsi olty,
altogolhor independents of the agency or author y
osthe United Safes.
How tar this structure ofthe Government .of the
United States is adequate ana safe for rs objects
time alonc can absolutely determine. Exper. euce
seems to have shewn that whitcver may grow out
oil future stages OF our national career there is
yet, sufficient control IN the popular will over the
Executive and Legislative Departments ofthe Gov
ernmcnt When the Alien and Scdliun Laws were
passed IN contrav en,on to the opinions and feelings
OF the community, the first elections that enSucd pat
an end 20 them. And whatever may have been he
character of other acts, in the Judgment Of many
of IT is but true that they have generally accorded
with the views OF maJo;l'v of the Suite; and the
people. At the presen, day II seems wen under
stood that the laws which have created most dlssa-
isitctIon, have had like sanction without dooIs; and
that whether continued, varied, repealed, a Ike
proof WI be giTcn ~ the sympathy and rcspuus5 lay
ortne r"presen'atve body tn the cuasJuEcn; b5!y.
indeed he great complaint Is, ag3lnst nr re-
suits OF this sympathy ana responsibility the ltgs
iativr policy of tho nation.
Win respect TO the judicial power Of h. United
States, and The authority OF the Supreme Court III
relation TO tho boundary of Jurisdiction between
the Federal uni The State Governments, may be
dcrmtcd tn refer 10 the thirty ninth number OF Inc
"EederalIst, for he light IN witch tic subject
was regarded by lis writer, The period when be
Constitution Tas depending; and Il IS believed, that
tho same vas the prevailing view then t.k"n If 4.
that the view h,.' continued 10 prevail, aud
that It does a this time, notwithstanding the
eminent exceptions to it.
But 1t Is perfectly consistent with the concession
of this power 20 the Supreme Court, N cases fall
ING wihin the course Of It's functions, to MAINTAIN
that tae iwe- has Mt always been rirh ~ cN.r-
ciscd 10 say nothing OF the period, happily short
one, When judges IN iher seats did not abstain
from Incorporate and party harangucs. equally al
variance with their duty and thcird gnY there have
been occasional decisions from the bench, which
have incurred serious and extensive d.saplruha ION
Sill It would sccIa, that, with but few except ons
the course OF the Judiciary has been hitherto IS
tanned by the predominant of the nation
Those who hive denied or doubted the supreIaa-
cy OF The Judicial pow uf the UnUed States and de-
nounce at the same tine a nuihfying power II
ale, seem not To nave sufficiently adver,ed 10 the
utter neflicency OF supremacy III law crthc land
without q supremacy i'll the exposition and execution
OF the law: the destruction OF al eonIpoise
between the Federal Government and the State
governments, II, whilst no tunctIonarics of the Fed
cral Government directly or indirectly elected
b., and RESPONSE bio to the States, and the function
aries OF the States are thc. sDpo!ntmcri and
responsibility wholly independent OF tie Untsd
Sta es no cuEStUt 0na control Of any sort belonged
to the United States. Under such an erpaniZa Isn
II Is evident that 1t would oe IN the power of the
states individually, to pass Unauthorized laws and
to carry them into complete effect, any thinr IN
the Constitution and laws Of the United States TO
the contrary notwithstanding. This would be n
notifying power IN ITS peIary character; and whoth
er 1t had its final effect, through the Legislative
Executive, or judiciary organ Ut the State, would
ne equally atai TO the constituted relation BETS cen
the two governments.
Should the provisions Of the Constitution as here
reviewed be found secure the government and
rights of the States against usurp7tInns and abuses
on the pari OF the United S'atc-, tn inoi rosoti
within the pnry.ev of the Constitution lies in an
amendment of the Constitution, according to a pro
cess applicable by the States.
Aud IN the even Of the failure OF every constilu-
tional resort and accumulatiOn OF usurDat0ns and
abuses, rendering passive obedience and non-rcsls-
lance greater evil than resistance and revolution
there remain but resort the last Of allan
appeal from the cancelled obligations Of the COMPACT,
to original rights and the law of self pToseryaton
This IS the uf,IgH ruth under all governments 8.
whether consolidated, coHicdcratcd, or compound
Of both; and II cannot be doubted that SINGLE mem
Der Of ihc Union, IN the extremity supposed. but ~
th1t only, would have righ, extra and ulra-
constitutional right, 70 MAKE the appeal.
THIS brings rs 20 the exqedi ant lafcIy advanced
which claims Tor sDgio State a right 10 appeal
against an eyorclso Of power by the government or
tic Bore States, decided by The Sfa,s 10 ~ uucg
st'U'ona 10 the parties 90 The iors c,mp4c
the decision Of tine S'atc have Tue cHoc, Of ngiy-
.ng inc act OF 10. Gogcrnmen u TO I'a ~ j.atcs
Unless tie decision VI The State be reversed By three
fourths OF the parties.
The dstIngIisncI names and high authorities
which appear 20 nave asserted and g.gcn PRACTICAL
scope 10 this doctrine eulitls % 70 respect winch
It might be difficult otherwise go feel 'rf D..
Il me loctr.ae we're 10 De- understood o. requiring
the tErecOurhs -, ths States ~ sustain instead VI
that proportion % revere t4, son vi le appeal
Iuz State, the deCfsOn ID Jc without eH..t durug
the appeal, 90 wOI,1 Js sIiir.n. ~ rctI.f. i. tl
extra constitutional course 40 ght well g.ge way u
That marked or BY i,- constellation WINCH 7g.s,,f,u.
tYo-thrd5 OfthC States ID institute aud tr.e-.J.HL.
20 ..isctlo 'c 0nsHImcut OF fhe co..,,4t..u. e.
tuJl-hug pr. naEcu RUE % the uIrhcs. ag.uaI.y.
10 place Of irregular precedent " C,uslic. I..