Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-09-15
For INK CoNsTiTur ioNAL VIVA
STRUCTURES ON "MR. CALHOIJN,S sen
TIMENTS."

found it necessary TO contend. that the EnIarai
Judiciary are not the sole and final judges. ,,,t5;p
the J0rMiS and proc SONS Of Tie Constitution Of tLc
opinion. "i'i ii''i III
ms is great and vexed question: which M,
I0'hPeiiea TO dispose of, in few words as rossi
oic' nc Judicial power of the United States
(says the consitution,) shall extend To all case. ~
Jaw ana equity, arising under the constitutions the
laws OF the U. States, and treaties made or W MI
shall be made, under their authority &c " ,rho
supreme Court of the United States is tina tribune,
In the last resort created by the constitutions and
clothed with power to exercise jurisdiction in nil
the cases mentioned in tho constitutions Whilst
Tho constitution remains in force, and the Govern
ment continues IN operation under it. the S,,propc
court is It's expostor in the last resort sIf there
IS supremacy IN the law (says Nr JIIdisoD and
tue constitution says there shall be- there must be-
supremacy IN the exposition and execution of the
| law" ~
mere Is controlling power in the States over
Tue general government, in all it's departments
Il uDiis opinion collected and expressed, in the
| uoues approved of and practiscd, by Virginia.
lie power OF tIir pcoslc Of the States and of the
legislatures of the States, the Federal Func-
tioharles, are eficctual guards of State Rights.
ihefc is another controlling powcr-fhe States can
amend the CGnStitution-this will reach every de-
| Partment of the general government It. then an
act OF the general government, which cncroachcs
| on state-rlghts, should be of such character as
that the federal judiciary will not and cannot take
| cogniZance of it; the wrong done therein TO The
| Mates, toN not he ,cithout ITS remedy. The con-
| trolling powers, just spoken of NAV be exercised
and will he e!fcctual Yhey are il, tn, hands nj the
| States Themselves.
thc federal government is beautifully construc-
tea system OF checks and balances Perhaps, its
wise trainers thought it necessary to give tls pou
eI o. deciding the rdlidify iatos Of the IT, States
| 10 the Judiciary as check upon the States; who
have their numerous checks and controls over the
general government The operation, OF the cen
tritugai and ccntrPetal forces in the natural world
preserves the beauty and order of the whole sys-
Of the al;
fercnt actions of the different governments and
their departments, each other, the opposing
powers, the checks and balances of the various
parts, preserve the regularity and harmony of tbs
whole.
Our governments ought to be viewed as 1phole
1t is unfair, and unphilosophcal, in Judging OF cn
tc take one of the governments, one of their
departments, to look alone to its organization the
appointment, responsibility, and duties of its Off
GERS and from this partial vicw to form an cpinion
OF the character of the system. In this ny, the
federal government may he made to appear purcIy
nattsndt or purely federal: neither OF which it is
This has been MIR. Calhoun's error in his attempt
10 ascertain and point ont the characteristics of
government. Hence, all his rcasoninrs have bee,
ialiacious lie should have viewed The federal and
Statc Governments, and their departments. as con
shutting one system; Judged of them as parts only
OF that system; and enqurcd, what character be-
lorged to the whole.
The Judges are thought by Mr.. Calhoun not to
be safe depository of this power. They are the
juoicih representatives. of jori;y of the States,
iL1 tlIcy speak The opinions OF that inalorIty.-
We objects to the government of majority, as
being ''unjust and absurd" Therefore, he is con
sistent, in thinking and saying that the Judges
ought not to decide the question of the consttu-
tIonaiity of laws, in the last resort. II would be
better, according TO his theory, give this impor
ta3t power to DeiaicGre, (the smallest State in the
unlon) than to the Representatives. of n minority
OF TIE States There is no better mode of answer
ing such an argument, than TO strip it, and s!ew
X its naked dcfurmity.
No human tribunal be perfect. But our
ancestors, who gave us our Constitution, have
tahlishe6 the hest tribunal which they could have
established for cxpounding the Law and Constitu-
t'oh. The mode of appointment, and manner and
means OF responsibility. and of Office of
the + ederal Judges, point them out, fit to
perform this high duty. Thev may we'll be suypo-
sed, to be raised above the turbii atmosphere of
r party prejudice and passion; and to decide with
unbiased minds and honest hearts
One general answer may be given to all Mr..
Caihouns objections to the competency, fitness,
ana ability of tue Federal judiciary to exercise
TINS power. 1t is this-thc People of the States
VINO are the parties to the Federal compact, have
IN the constitutions expressly delegated this power
10 inc judiciary, III all cases of which it can take
cognizance-(other cases have been already spoken
OF, as being well provided for.) 7Hey kare it, and
Rr. Cdthouns complaints and Teasonings cannot
! deprive them Of it.
| Here, too, it is proper to remark that the Fede
/ raj Judiciary are the rightful and only Judges of
tnelr own jurisdiction. They, and not the several
states, decide what cases they can, and what they
u
ton.
nave, heretofore, omitted to notice Mr. Cal
nouns commentary on Biographical interests"
and divisions 1t contains the principle on which
! IL S new theory o. our Government is founded The
only reply that is necessary to all his remarks OH this
part OF the subject, is contained in the following
| extract from Cen. WaShingtorIs last words to the
| People of the e. States
| I'm contemplating the causes which may dis.
turo our Union, it occurs to a matter Of scri-
Gus concern that any ground should have been
IuiHsheo ior chaTaeterlsing parties by Geographic
| ceI H'Scr'm'Hdttoas-Hort and SDufhcrH-GflgH
nc ina NesteTn; whence designing may endca-
Vor 10 excite belief that there is Il real difference
! OF local interests and views. One of the expedi-
ents OF party, to acquire influence within particu
lar districts, is to misrepresent the opinions and
aims OF other districts. You cannot shield YOUR
selves too much against the ealousies s. heart burn
InEs which spring from these Misrepresentation
lhey tend to render alien to one another those
who are bound together by fraternal affection"
Ihese structures on Mr.. Cahoun's sentiments
nave been spun out TO too great length had no
"ish to make them SO long. Even now, some of
ms errors have been passed unnoiicCd. Those
winch have been noticed, have not been taken III
regular order, treated with much method. Bat
1t ~ hoped, they have been sufficiently exposed to
public view.
Mr.. Calhouns principal errors are the following:
l. re docs DOT state fairly the subject of discussion
Z. ne onwarrantabe assumption, that tho question
OF the right of nuilifcotop, las claimed by him,
Is an old question. 3. he unwarran,abio assunip.
tor that Virginia in '98 and 80 claimed thi=
! sight a. Tho nisconcsption Of Mr.. Jelcrsoa's and
Judge N0rshafs opinions. 5. Too great attcnzIo,;
, 10 tSrcO.raDhiraI Distinctions nj iufcrecfeu 6