The Arkansas advocate., 1830-11-24

not accord with knowledge of human nature, or the evidence of our own po- litical history.
 This constitution, not relying on any of the preceding qualifications, for its safe and. successful operation, has ex- pressly declared, on the one hand, l, ssihat the constitution and laws made Tn pursuance thereof, and ali treaties made under the authority ofthe United States, shall be the supreme law of the land ,, that the Judges of every state shall be hound thereby, any thing in 1 the Constitution and laws of any state to the contrary notwithstanding; 3, that the judicial power Of the United States shall extend to all cases in law llsasya and equi- l F arising under the Consultation, the laws of the United States, and treaties made under their authority.2 &c.
 On the other hand, as a security of the rights and powers of the states, in their individual capacities, against an undue preponderance of the powers granted to the government over them in their united capacity, the constitution has relied on, l, the responsibility of the senators and representatives in the Le- gislature of the United States to the Legislatures and people of the States; 7, the responsibility of the President to thepeople of the United States; ;and 3, the liability of the executive and judi cial functionaries of the United States to impeachment by the representatives ofthe people of the states, in one branch of the Legislature of the United States, and trial by the representatives of the states, i the other branch: the state functionaries, legislative, executive and indicial, being. at the same time, in their appointment and responsibility, alto. geether independent.of the agency CT aa- thority of the Uuited States.
 flow far this structure of the Gov erament of the United statesis adequate a#d safe for it's objects, time alone can absolutely determine. AExperieneeseems 10 have shown, that whatever may grow outof future stages of our national ca feer, there IS as yet, a sufficient control n the popular will, over the executive and legislative departments Of the gov efnment. When the Alien and Sedi- ton Laws were passedin contravention to tic opinions and feelings Of the com munity, the first elections that ensued put an end to them. And whatever may have been the character of other acts, iii the judgment of many Of us, it is but true, that they have generally ae- corded with the views of majority off the states and of the people. 1t thel present day 1t seems we'll understood. that the laws which created most dissat- isfaction, have had like sanction with out doors and that whether continued, varied, or repeated, a like proof will be given of the sympathy and responsibili- tY of the representative body to the con- stituent body. Indeed the great com plaint now is, against the results of this sympathy and responsibility in the legs- lative policy of the nation.
 With respect to the judicial power of the United States, and the authority off the Supreme Court in relation to the boundary of jurisdiction between the Federal and State Governments, may be permitted to refer to the thirty-niuth nhmber of the eFederalist, n* for the light in which the subject was regard ed by its writer, at the period when the l Constitution was depending; and it is believed, that the same was the prevail | ing view then taken of 1t, that the same view has continued to prevail and that 1 1t does so at this time, notwithstanding the eminent exceptions to it.
 But it is perfectly consistent with the concessions ofthis power to the Supreme Court, in cases falling within the course ofits functions, to maintain that the pow CT has not always been rightly cxercis- cd. To say nothing of the period, hap 1 oily short one, when Judges in their seats did not abstain from incorporate and party harangues, equally atvarianceI with their duty and their dignity, there have been occasional decisions from the bench, which have incurred serious and extensive disapprobation. Stiii it would seem, that, with but few exceptions, the course of the Judiciary has been hither- to sustained by the predominant sense ef the nation.
 Those who have denied or doubted the supremacy of the Judicial power of