Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-10-15

States; the responsibility OF the President 10 the peo
pie OF the United States; and g. the liability the Exc
cu,ive and Judicial fuuciioRares Of the United States
to impeachment by the REPRESENTATIVES OF the people
OF the States in branch Of the Legislature of he
United States, end trial by the Representative of the
States. in the other branch the STATE functonares Lee
gsla've, Executive and Judicial, being at the same
time, in their appointment, and responsibility, altogether
dependent OF the ncy or authority Of the United
States.
How far this structure of the Government Of the
United States is adequate and safe for IL. Objects time
lone can absolutely determine. Experience seems TO
have shewn, III" whatever may grow on, of future
stages Of our national career there H. az vet sufficient
con'to IN the popular will. the Executive aud Le
gisiauve Departments OF the Government. When the
Alien and Sedon laws were passed in .n,ion
to the opinion and feeling. Of tho community the first
elections that ensued pu, an end to them And what
ever may have been the character IF other in the
Judgment OF many Of il is but true that they have
generally accorded with the views Of a majority of the
states and OF the people. Al the present day seems
well understood, that the liws which have created
most Dissatisfaction, have had like sanction without
doors; aud that whether continued varied or repealed
IKE proof will be given OF the sympathy aud response
oity OF se Representative body, the constituent DO.
dy Indeed the great complaint now IT, against the
results OF this sympathy and responsibility in the Legis
Iative policy OF the nation.
With respect the judicial povyar of tho United
states and the authority OF the Supreme Court in
laon TO the boundary OF jurisdiction between the Fed
ersi ana tha state Governments, may be pcrmited to
re'er 70 hs thirty. ninth number OF the Feicratis
Tor The light in which the subject gardod by its
writer, at The period when the Con. was depend
~
view Then taken OF 1t, that the vie has continued
TO prevail, and that il does at this time not this and
ing he eminent exceptions TO IL.
But 1t Us perfectly consistent with the concession Of
.ns power TO the supreme Court in cases falling with
IN the course OF its iunctions, maintain that the pow
er has not always been rightly exercised To say no.
thing OF the period, happiya short one, when Judges
10 their seats did not abstain from incorporate and party
barangues, equally at variance with their dnty aud
their dignity, there have been occasional decisions from
the BENCH which have incurred serious and extensve
disapprobalou Still il would SEEM that with but fe
exceptions. the of tie Judiciary has been hther
to sustained by the predominant sense of the nation.
| Those who have denied mr. doubted the supremacy
oil me Judicial power OF the United States and denounce
at the same time nulifying power in a Safe seem
not to have sufficiently advered the utter inc
cy oil supremacy in law Of the land without a SUI
p'emacy in the eSposion and execution of the law;
nor to the destruction Of all equpoise between the Fed
eral Government and the State Governments it, whilst
the functionaries of the Federal Government are d
recty or indirectly elected by and responsible the
States and the fnctionaes OF the States are in their
appointment and responsibility wholly indepen dent of
the United States no constitutional control OF any sort
belonged TO the United States over the States Under
such an organization ii is evicn, that il would b. in
me power OF the States Individually, to pass unauhor
zeu laws and TO carry them into complete effect, any
thng IN the Constitution aud laws Of the United States
TO the contrary Notwithstanding. This would be null
uying power in its plenary character and whether it
nad lis hna efiect, through the Legislative Execu.
tive, or Judiciary organ of the State, would be eau,y
fatal 10 the constituted relation between the two Gov
erDments.
Should the provisions of the Constitution a. here
viewed. be found not to secure the Government and
rights OF the States against usurpaons and abuses on
me part OF the United States, the FINAL within the
purview OF the Constitution, lies in an mendmen Mt of
me Constitution, according TO process applicable by
And in the event OF failure of every constitutions,
resort and an accumulation Of usurpatous and abuses
rendering passive obedience and great
er evil than resistance and revolution, there
man nut one resort the last Of all apre from the
cancelled obligations of the co. stiuonai compact TO
original rights and the law Of self preservation This is
the ultima ratio under all Governments whether con-
soidated coniederaed or compound Of both; and il
cannot be doubted, that single member OF the Union
in the extremity supposed, hut in that only would have
rgnt' as an extra and ulra-consti utiona right,
make the appeal
This brings us to the expedient lately advance ed,
which claims for single State right to appeal ganst
an exercise OF power by the Government OF the Unit.
ed States decided by the State to be unconstitutional to
the parties to the constitutional compact; the decision
OF me state TO have the effect of multiplying the act Of
the Government, Of the United States unless the de eis
ion OF tho State be reversed by three of the
parties
The distinguished names and high authorities which
appear TO have asserted and given practical scope TO
Ibis doctrine, entitie il to a respect which IL might he
diihcut otherwise TO feel for it,
ii the doctrine were to be understood requiring
the three fourhs OF the States TO sustain instead that
proportion to the decision OF the State
the decision to be without effec, during the sppea il
would he sufficient TO remark, that this extra .consu-
onal course might well give way that marked out by
the constitution, which authorses thirds of The
States to institute and three fourhs TO e-ctuate an
dWehumebt ~ the constitution, establishing a
nent rule OF the highest authority in place of an ir-
regular precedent Of construction only.
BIT II ~ understood that the multiplying doctrine i'm
ports that the decison Of the State is be presumed
Valid and that oVerrules the law Of the United States
unless overrued by three ourths Of the S,aes.
Cen more be necessary to demonstrate the inadmiss-
blity oil such doctrine, than that puts IL in the power
OF the smallest fraction over fourth of the United
States, that IT, OF seven States out of twenty four to
give the law and the constitution 10 seventeen States
each oil the seventeen having parties 10 the constu-
ton, an equal right with each of the seven TO expound
it, and TO insist on the exposition That the seven
might IN particular instances be right, and the seven
teen wrong ia more than possible. But 10 establish
positive and permanent rule giving such power 10
such minority, over such majority, would overturn
The hrst principle OF free government, and in practice
necessarily oycrlurn the Government itself
Ills TO be Tecoeced that the constitution was pro-
nousy adopted by the States a whole it being part
OF The constitution that not less than three fourhs of
he states should he competent TO make auV aIierao
~ what had been unanimously agreed to- So great Is
the caution on this point that in where
TAR interests were at stake, proportion of three
ouThs IS dstrusted, and unauimy required to make
alteration.
when the constitution adopted whole, II Is
certain that there many parts, which IL separate.
w proposed, would have b'en promptly rejected II il
lar rom impossible, that every part Of a constitution
might be rejected by majority, and yet taken togeh-
or as whole be unanimously accepted Free cons,itu.
tons will rarely II be formed without reciprocal
connexions; without articles conditioned on and bd.
lancing each other. IL there a constitution of single
Saie out OF the wenty-four that would bear the ex-
pertinent Of having its component parts submitted the
/ people and separately decided on
what the fate Of the constitution Of the United States
would be II small proportion of the States could ey