Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-10-07
NICH.HO1VD. GID FRIDdY, OCTOBER 4.
GLEANINGS-Nn mn


~ e 'eue,ai government The theory Of the Constitu.
uon' as well as the mporaneous Exposions of its
Wp,, nave shown, clearly establish the posi-.
uon -oa' why should they! IL has been said Nav
not these Entertainments be arrested by the
yves oil the People and OF the States in both Houses of
Congress- by the of the President--apJ abo,o Ill
| 10y the decision oil the Federal Court.
Can We trust implicitly to the Legislative and Execu
I'VE departments! In other words, trust 10 the
a"'"os OF these very encroachnen for redress Com
gress passes unconstitutional laws The President signs
ana sanctions them. Are we then 10 trust IN hc,, ,o
.s'nes, he progress of the evil inflicted by them
serves! ihcy passed the Alien and the Se,lton laws :
They neverrepealed them. What encouragement, ,ber
nave the States to conde in their authors for The re-
dress OF their grievances.
But, tr,st 10 the other branch Of tbe Cov.r,,o, e.
redress-in other words, TO the Supreme Court Arm
,sney not the ultimate judges Of consu,ionaIy-,be
na' aroers IN all between the fedcrirov
eminent, and the States the People.-rndeel What
ent'les them to so power, Is their con-
s.'uuoh-h way in which they apronte,f They
are nominated by the President and confirmed bv h
senate In the course OF administrat n mao,;v
OF the bench may be nomipated by one Prssiden; an
.ne Pohl'cs OF the whole Court may thus be moulded by
enc man. Already General Jackson has nominated Two
Judges OF the Supreme Court. Suppose another oS
them to resign his commission, and 4th to die off, or
accept an oice held out to him by the same Pres.
uen' OF 'he " States Ought tribunal thus appointed
to be CO he'd with the Supreme pow. of iu,rtur.nns
toe Constitution Of the country. are spppin ef
Toe, not according TO ra'o tf aiion-po
With any regard 10 the States, he pare, who originalv
formed the eempas.-Andi' IL fr small 4 ihuusi
mus UNI quiiy ton"i,u,ed 10 form, II were MANY
| In In
heir own prsjndices and vew-. n we sonsult nh,
'"ons OF exp nee. we shall find tba, ,bs tribunal
penemaed oy a, s,rops an esprit dc corps ae,u-
Aes almost al y other body in the wor d: Men wl,
were or 81 ally republican il heir vi-w, sradoa,lv
secommods.i their opinions to ihose Of iSeir elder
bre'hrsn-S Dry, and Johnson, and Thomosop b.so,
ng almost az devoted F.deraiis,s az Mar,b,,, o. ~.
Washingon What State Ris hi has been protected bv
men! what great decision has been eslcua,ed 10
enlarge the power OF the G neral Gov,rnmen,-fva
| kept only ih- ssse o; the Cherskee,?
bn let us lock at ihi' thing more nea,Iy--aud for
'n' purpose draw into Wow tho opinions and auhoriy
OF some oil The great fathers &C the Church. Mad.
SON. Report PLACES hi, ueson in the cIea-est noi,
| Il view-L-t us hear l.:
but |: objected, tina, the Judicial au horny is 10
.eE.'ned as The sole exposition OF tho Cous utiop
N me last re'or': and il may be asked for what rsasop
'he declaration by TIE Gen raj A,,enblv, ,upposng
present day and 10 so rolemn a manner
"oi this oi faction 1t might be ob.erved FIST: thai
mere may be instances Of usurpsd power, which me
iorm' OF The Constitution would d, ayy within n,
control OF the Judic de department: seeond,,, h.,
ne decision OF The joe iciary be raised above the
'poIry ef ne 'overeisn p,riea TO the Constitution tb,
ueehons OF ne her Department., mol carried nv he
forms o! the Constitution be ore The Judic,rv m1s he
equally uhori'ai i've and fnsl with the d. e,io,s n
mat depar mep Bat the proper answer 10 IN. oh
Jsson 10, that the resolution OF the neral bIv
f.iate' TO bo'e great and extraordinary cases in ,b
all the fo'm' OF the Consi uion may prove 10 n eusI
against attractions dangerous 10 The ci n,;aI rybs ~
The parties TO H. The resolution suppossg ma, d,,
xotou' powers no dele aed. may no, oniy be
9Ld executed by the Other department, bu, ,ha, N,
gsr"u' powers beyond the grant OF the Coma i,u,;nn.
nd equeny, that the ultimate rie hi of The n,,iI
.n' Con'u'u,ioc, to Judge whether TIE compact tss
oeeh oapg'fou'y violated must extend 10 VIOLATIONS nv
one Delegated authority, WI a. by auo,Se bv be
Judiciary, as well as by the L ecu ire or IN. l. si
laturN. " g.
However true, I'll, refore IL NAV he iba, ,ba I,rot
department IL, in all gus siions submitted to by m.
orms me Constitution, 10 decide in he last this
resort mn's ecesfarly BE deemed the Lac, in relation n
lhe aibo-,ss OF the oiher department., of the q ger
nen no, in relation TO the rish, OF thu parties ,o IN,
Con,"u'lona compact, ON which the idc a as we'll
az ne her departments hold their del gated ,,u,is
oh any oh~r hypothesis, the delegation of Jud,cai
power would sDuul he authority deIryapg and ,ss
concurrence oil Tins department with The oilers in
n'ufped powers, might subveri for ever and bevond
the possible reach OF any rightui rem,dy Inc y.,v
C'ns''u'ion' which all were ius i,u,ed to preserve"
We are aware, that Mr.. Madison, in bis late lsusr
70 the Eo crs oil the North American Review seem,
20 have maintained different ground-But we mus,
oe eScusedior preferruE The opinions he expressed
during 'he pure days at the Re- u Iisan parIy-R,
SIDES rs doctrine which be pow .uppo,,s eyiden,v
deceive. How can the remedy ~ hci he fods in he
supreme C0nr', sPry to hat large and most impor-
idnt class OF cases. which inv I've the criminal "ri.
dic'lon Of the county! NJ. NJ. has denied thai Inc
SuPr me Court cen take cogDizauce in such matters,
" ht says me port pom that celebrated clause of
'he CoD''ruiion rom which the power OF the Court
asa sole Exposilor las been deriveJ!-' The exp,rs
.'on' cases in law end equity is msnifesy CO. tred
10 Cases OF civil natures aud would exclude c.sso o
criminal Jurlsdis'ioD. Criminal eases in law and
equity would be language unknown TO the lsw."
But lei us hear snoiher OF the great expouud.rs Of
ly
1Pon ih greai clause Of III Consij,uiion-,h. ,o,,.o
now assumed, OF the right OF the Supreme Court 10 DE-,
si1e ultimately upon all CoDsiiiu ionaI onexloo1 NJ,
Calhoun, bis recent Exposition, refers 10 the sp,eeh
ot Judge Marshall in The srit a,ed case O. jonathan
Robbins In the year IS00.-Bu NJ. C. had No, tba
speech before bm We be z leave 10 sup.ly ,hs a.
'et The flowing Is an extrset from Mis- distinguish
ed speech, as II fe'ivered n The House nj ,n,s
'ep,s,ives, on the @ March. 1905
"Ibi' Mr. Marshall said 10 his second oroposi,ion
Which wa'-Taai 'be cases was case Ter executive
ird not Judicial decision. He admitted irnpliti,Iv he
dVi,ion OF power stated by ihs gen man rom Neu
YORK, AID bat II was the duty Of eh teoartment In
re'is, The en'r 1scbms ms Of The others
Tots being es'sbisbed, The endnity was 10 yybst
department was The power in question aIIo tefl
The geDII,mao from New YofL had r,lied On ~.
zd 'ssioo OF The artlsl Of the C.Bsistusion which
,uumerstes The ease 10 which The Judicial power Of be
UnIied ates extends -as expfessy iDs luJrg that
DOW under confederation. B.fYre Re extmped tina,
'eelop' would rot De impr per 10 noics very ms
eii uhsatem@n Of IL, made in ,be fesolui n, red
ny me gentleman frcm N~w.York BV chs Ccpsiitr.
"on' 'he Jpdieisi OF Tho Uri ed a,cs xpnded
aso ssfes IN law and rqniiy arising M ar he Cor
sliuoo laws and treaties OF ,bs United State but tho
resolutions deelSre the Judicial power extend 10 all
qusshots arising under the Consii uiop, rraies ard
avs OF the United aies. The ciH. renee bs.u s,o
The eoDsii ion and Tesolu oos wss material and an
parent. ease n Law or equity was a term we'll IN
derfiood, aud Of lmiitd Equalization. was eontro
very bei~een ies which had tske1 a sbao. n. ~;
dical decision II ihr Judicial power extend Il o svS,
qussioo uoder the Constitution, II would inv I've Alma,
every subise proper for Iegsaiiv. di,,us,,o anJ
fisiop; " to very one ion u7der The law. aud ,re,,a.
Of the United ae' Il would involve almost svsry ub
J e. on "h,eh 'be eSse0ivs could &C. Tbs diyLion
Of power which TIE nileWan bad stated ssuid ssi,,
no To- ger and The olher Departments ,~ouIi he .wst
'o"ed up Dy 'be judiciary. Bu IL was apparent Ibat
Constitution - '"o
n