Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1831-04-07
VOL. IX.--NO. 67.

ing, shall be suffice, to the decisions Of DO uat
JUS, judge toalay.
Bur, Gentlemen, the Judicial Department
uader the Constitution OF tbs United States.
possesset slili higher duties. itis true that IN
may be called ON. aud 10 Occasionally called
on 20 DECIDE questions. which are in oss ssnse
of political nature. Tps general and s,ate
governments, bath es'abrshed by the psopje
are established for dfreTeat purposes, and win
different powev. Between those 20 -ers, oues-
lions msy aiise, and who shall decide them Z
Ssme provision for this end 10 absolutely ne
cesar, Whist snail IL DO J This was thu
question before the Convention, and various
schemes were sugges,ed--ii Was foreseen, shat
the states might Inadvertently pass laws, incon-
sislen, with ,he Consultations OF the United
States. or with the acts Of Congress. At least
laws might be passed, which would be charged
with such Inconsistency. How should fheEu
questions be disposed or Where shall the
power oijodsing, IN cases ct alleged inlerfsr-
ence, be lodged ! One suggestion, 10 the cod
yeniioo, was 10 make II an executive power,
l. 20 lodge II In the hands the President bv
requiring all sls'e laws 20 bs sukmiied 10 hin,
that no might negative such as he thought 90.
psared repnghani 10 the general constitution.
--fhn idea. perhaps, may have been borrowed
from tho power enercised by the crown, over
the laws oil the colonies. Itwouid evidently
havo bsoa not only an announcement q trouble.
sou'e proceeding. but dangerous, also. to the
powers the States. IL was mol pressed. IL
was though, wiser aud safer, 90 the whole. Il.
require stale iegislatufes and state judges iv
take an oath 20 support thu constitution OF tho
United States, aud thea leave the S,stss Mt lib.
erty TO pass whatever laws ih,y pleased and II
interference, in point u fact, should sriss. To
refer the question 10 Judicial decision. To tbis
end the judicial power. under the Consrtu,ien /
Of the u. Staies, was made co-eEte0sivs with the
legislative power. u was extended 10 all cases
arising undsr the Constitution aud the laws OF
Coagfes, The judiciary became thus posses.
sed oi the authority OF deciding In The les, r.s
sort, Ia all cases OF alleged interference betweso
o,sts Laws. aud The Constitute aud iaws Of
Congress.
Gen,lemen--This h the actual Consultation
- his 10 tho law OF the land There may be
those, VII, think II onneosssary, OF who would.
prefer n different mode vi deciding such ouets
lions. Bot tins 10 tho established mode, and iii
II be ainoTad, the Courts can 40 more dec1Ius
their duty. on these occasions, than on other
occAsIous. But, Gentlemsn, can any rcasona-
ble man douo, the sHped,eocy ofthis % ov,siun.
or sugses. n better 10 II not sbsoIa,ely Ga
sential To tb1 psaes VI the uosntiy, tint this
power should xIin somcwbere Where can II
exist, better than whore now does sriu ?
oftbs whole country. Itis organ,zsd by the
common authority. and fs places I'll ed W tue
common asent This 10 a plain aud pracf,
cal provision. II vas fsn,ei by no bunglers
nor byaoy wild ,heorsste Aud who can cav.
that II has failejf Who can fad substsutiai
fault Win lis operation or fts results Tho
graf question j., WHISTLER we snail provide
Tor the peacsabts decision Of cases Of collision.
Snail they DO decided by law or by force,
Shsll the decisions be decisions vi peace, N de-
cis,Uus OF WAT
On his occasion referred 10, tho proposliion
COMMENDED Tor, was, that every state, under eers
tain supposed eigrccies, and 80 certain sup.
posed cases, might decide Tor Msrlf aud act for
itself, aad oppo.e ne owD force ~ tie eaeetf-
ton Of The laws. by wha, srgumsm do you
imsyine, gen,ie,n.a Il WIS. that such n propo-
sit,on was maintained l should call Il ,neis-
PHI sieal aud subtle but these terms would i'm
ply al least, ingenuity. some degree Of piaus.
biiy whereas the argument appears 10 mo
plain assumption, mere perverss construction
Of plain language, III the body of the Constitu-
ton itself. A. understand II, whsD put forih
10 its isvi,cd and most suiheunc shape, Il IN
this that as tho Constitution provides tina, any
amendments mny be made to IL. which ID III
he agIe ed 10 ny three fourths Of the STATES there
Is, therefore, 20 be nothing in ibe Constitution
agreed. All this 10 true, but then comes this
inie, suce. va that when one State denies
the e.usiitutionality Of auy law OF Congress.
she may arrest its execution az 10 hefselI, auu
Keep IL afre.trJ, I'LL the States can all be COZ
suited, by their Conventions, aud three fouribs
OF them shalt have decided that the Law 10 con.
stiulioaai. Indeed the Inference 10 still sIrap~
ger than this for Sfato Conventions have no
sulhDTiiy TO eonstrue the Constitution, though
they have authority TO nmeod II therefore tho
argument must piove. ifh prove asy thing, that
when any one State dep,es that any particular
power 10 Included in the Constitution, il is TO
be considered AZ not included, aud cannot be
iound there, til ibree.iourths VI the States q.
gee ~ insert u, IN short, tho result ofihe
whole 10, thai though n reguires shfee-iourihs
oil ,hs states 20 insert eny thing Into the Con-
stiiution, yet aug oDo Slate can strike aoy thug
out oil IL. For the power 10 strike out, aud the
power Of dscid'ug, without appeal, upon ,iso
construction OF what n already IN. ure subslan-
usly aud practically ths same.
Aud, Gsn,leuaen, what u spectacle should we
have exhibited, under tho actual operation Of
nvtions like these Atthe very moment when
our government, was quoted, praised and COM
meoded all over the world, when the friends Of
Republican Liberty, every where. were sszing
~ IL with delight, and were 10 perfect sdniira-
iion al the harmony Of IFS movements. one
state steps forth. aud by sh power OF Dull'6es-
iion, breaks up the whole system, and scat
tiers the br,ght chsinoi the Union, iuto q. many
sundsIed links az th-re are separate states.
Seeing the true gropnds VI the Constitution
thus attacked, raised my voice IN lie favor.
,Uust confess, with no preparation, or preys-
Gus intention. can hardly say ,hut emLar
ked in the contest from sense VI duty. IL
was an instantaneous Impulse Of inc ination
no, acting against da,y, l trust, but hardly wal
ling lor ,Is suggestion. I iehu to be scon,sst
Tor tho integrity oil the con.titotioa and was
ready to enter into Il. DOT thinking, OF caring,
personally. now ! nigh come out
Gentieaien,I have true pleasure iu saying
thai Irua the crisis has, ia sowe u,sssuse.
pa,sed by. - The doctrines Of nullticatiVn have
I.cslx.h "A nrNer. aud xIern Inhnke Grai.n luh.