Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1831-08-22

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| Y came IN contact. the only alternative va
! COMPROMISE. sdhmission, or force. MOI So II
ours. should HE General Government. aud
| state come into eondict. We have higher re,
/ medy the power which called the Genera
| Governmrnt into existence, which gave u al
ut its authority. and eau enlarge, contract o.
| abolish lis powers al its pleasure. may he an
| snked. Ibe Sthtrs Themselves may he appeal
4 Ell 10, three iourihs of winch IA faoi. form
/ power, whose DEGREES are the constitution Il,
/ sell, aud whose voice cBn silence all dfscpn
/ tent. The almost extent then ct the power Is
/ thata State acting IN us sovereign capacity
~ one oi the pariirs ~ thr Constitutional CON
/ pact. may compel the Government. erea ed by
that compact. 70 snbmlt question touching IT,
luiraCtIun 10 The parue, wno created II II n
VOID The supposed dangers II which, il Is pro
posed 10 resnrt to the nuyel the hezlrGo4 IS
and. must add. fatal project ol wing 10 tLe
Heurral Government the sole and hual right ol
| interpreting he Constitution, thereby rsvrfs-
ing the whole system, making that lnstrumeui
ihe creature OF rs viii instead oil rule OF at
tlun impressed on IT At ia creation, AID anu
hllAung ~ tact the authority which imposed u
aud irOm whIuh the Government itself duriYc,
ItseNstrnce.
III such would be the result vera the flghl
IA question vested III he Legislative or EEec.
utlSe mhnoh OF thr GbVernmrni,is conceded BY
al. No one has been SO hnrdy rs 10 assert.
fhat Congress. or the PfeBIdent ought 10 have
the rgnt or ~ tieny ,hat At se,Ied finally aud
exclusively IN either, thc consequences, which
| nave stated would not necessarily follow
bot rs adtOrst,s have been teuuncIlrd 10 the
doCtrlne, on the suppusIuon. that there ~ one
Depnftnrn Of the General Government winch,
ltom rs peculiar organlzauon, ah0ids An inde'
pendent tribunal through which the Govern
nj nay rErrcise he nig b authority, winch Is
IA subject q consideration, Win perfect safely
10 al.
yield. ru,t. 10 few ~ my attachment u
the judiciary pepaI tmenf. hm fully sensible
Of rs Importance, AMI would lnhIntaln It 10 tbt
ia,ls.t extenl IA its Constitutional powers and
Independence but II IS impossible Tor me 10
seleve, thHt II was ever inttn led by the Con
stuutlou. tlar II should exercise the powrr. IN
question, OF. thai II Is competent 10 do 50, and,
at wtrr TINT It wouli be u safe dcpost3f. oil
the power. lis powers arc Judicial aud nut
ppIucai, aud arr expressly confined by tie
tonsittnnun " 10 ali th5ts 10 law and cqony
6tsiuP under tars Conautauop5 the laws ot tht
| United stats, aud tie treaties mhdc, or which
shall bs made, undcr is authority - aud
WINCH have high authority IN asserting. II
GUIDES political questions, ont compfeurnds
those only, "here lhere aIe parties nmenhbls 10
The process olihe Cuurl. Nur IL lls NEON
potency ln,s Cirsr. IA III - wbnt of constllu=
nOnnl authority .-luere may be many aud
most dangerous attractions ON the pat ot Con.
gress. OF witeh. II 10 conceded by all, the cDur,
as a Judicial tribunal, csnnot from rs nature
lake oOgurzauce The Iand rtseiii "A strong
cisr ~ point, aud the reason applies eqall,
10 at ottsr3, i0ters Congress pefpeTs peWer.
iroBl an otJsct aIieI,dsd 10 one NOT miendtd,
ne H.0H ngssdt ois dnd dangerous VI all ht
tGtraclioas. aud Wtich may be extended 10 all
u as pOetrs, more especially 10 The taItng aud
! aPprUPuulHg. But, supposug II competent
Il tdNe cDngnizance OF ali laitactons oil every
description. The insuperdOle objection s,tll rr-
mans. thar II would not be sale tribunal IL
exercise the poNeT ~ question.
II IS mn universal aud Fundamental politicr
PRINCIPLE, thai tue power To pfutrcI, can sairl,
be couhled only 10 thosa Interested IA pro.
teCtlng, or tnelr responstUle agents, n mtIlm
no les, trur IN private than IA public affairs
Inc danger ~ our system Is that the Grueral
t'oysfnment, winch represents the interests ol
Tie Ahule, may eucroaCh on thu States, which
/ represent the peculiar aud l1cai interests
or that the Later may ,nCroach On the iormrr
In examining thus point, We ought not 10 i1r-
CT, thai the Government, through all Of IT'S
DEPARTMENTS. ludlciaI as well as oilers - al
mInistereI D., IA. Delegated and responsible a.
Gsnis aul ,bat The POtUer r0ltch really control,
ultimately al The m0utme1ls Is not IN the agents
bR 4fose p4o eject or appoint Msm. Ia u,
deTslAni then as zeal character, and wunt
"odi be tue action ul the sy-terp " any sup
posable ,ase. We uast rsl.e our view from the
an re agents, % TINS high controlling puwer.
which hna Iy tnprls every movement oil the
machine. ~ dong 50. W. sbal hnd all uader
ihe control oi he will ii M Outy, CompOun
dsd Of tile maj 1rity 81 tns ota,es, taken MS cor
pofaie bodies, Hhd the inHJOa'y OF the people
~ the states estimated IA federal numbers
These unltcd constitute the real aud final pow
rf, Nhl,h tnpel, AID directs the movements ol
thr General Government. The maIouty OF
tue states elect tbs MAJORITY Of tue oenale
oil the people OF tue STATES, that OF toe llDuss
oi Representatives The Two united, tue Pres
drnl aud a majority Vi the senate apo NJ
the Judges a maJJuly OF whom, aud ma.
lbrlty Oi the senate aui The tious', Nith the
President really eReitI.e all of the powers OF
+ the GJvrramtnt. with the except on OF the
cases = here toe { ms tuition req nres greater
uumUeT tnan maJoruy. Inc Judges, ~ IA
j Gci, a, truly tue JUDICIAL Representatives Of
MS United M I6rty. AS the majority OF Con
gfess ilsrli, o. the President, IS is legislative.
Or executive repieaeulafiFe aud 10 conhds
tie power IL the JldlCtay 10 determine finally
f and ooAclusyey, whm po"ers are delegated,
/ and Hnat reserved, would be IA reality - COu-
iIe II to the maJyty, Whole agents tdey are,
AMI by who they can se controlled 40 various
ways; aud. OF cJuis, 10 subject, against the
Fundamental principle Of our system, aud all
sound political reas0usng,J the reserved powers
of tur oiatr-, attn ali OF the local and peculiar
interes ,. laey were rntended 10 protect TO the
MI Ui tue very maJOuiy, against which lie
prot. cllon was lutended, Nor viii the tenure
by wulch The Judges hold their Office, hoHever
y luable the provision ia many other respects,
ma rridliy vary tie Gaze S highest posi-
ole effect womb be TO rtiaTi aud not fHaity
10 res5'. the y Ill of dominant maj ouy.
But II is useless 10 multiply arguments
We're II o,slDle tnat reason could setIIe d
question where the passions * interests Of man
are Concerned, tins p9lnt would have been
long ,Ince settled forever. by The State OIL Fr-
giaIl. Ihe report Of the Legislature, TO which
| bsyeaready referrei, has really, Ia NY O.
prnIon placed It beyond controversy. speak.
ny IN reference 10 THIS subject II says, " 1t
mas been objected ITO The rIght OF a ate 10
rttpruu.e uIDtFctIDu of her reserved