Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-02-01

resting the 2oth section oil the act aiuEeSalu U. /
the foregoing principles and eXpostions, the com
uittee cannot perceive any grant of power in the
constitution To warrant the enactment
That the constitution does not confer power on the
federal Judiciary ocor the Judicial depor OF the
states Ivy any express grant, cetsin rn IN" oc''
that the SIZE judicares rot once named IN that
instrument % the contrary. 1t declares that the
judicial power Of the Urird States shall BE- vested
IN on, Supreme Court, aud such inferior courts as
Congress may, from time tine ordHin and estao-
sn; thus giving power organize judicial system
capable OF exercising every function to winch the Jn-
diclal power Of The United Stn,es .XFnucd 'aud IN
tending to create new judiciary, to exercise thc
Judicial powers of a new government, anconnec;ea
with, and independent of, the State judciaries*
Il is more necessary the harmonious action
oil the federal aud State governments that lic federal
courts should have power 10 control The decisions
OF State courts BY appeal, than that the federal Lee
g'siature should nave power to contro' the iegSia-
ton of the States or the federal Executive State
Executive, by ne gative l. cannO; be that when
drec, acgative OIL the laws o State was proposed
III convention part OF the federal constitution and
rejected that 1t intended tn confer m the federal
courts by luplcaion, power SUPPORTING Their whole
iegSla ton, aud their judgments and dec'ccs OF 1t, to
tins negative of the t1dera courts. 1t cannot be
that this prnstrstiou of the independently of the
judiciares, this overthrow or the State governments
as co-ordnste powers, could DC !cit to any Glpiica
ton of authority.
The committee arc. theodore of opinion That the
power to enact the 18TH section above reclted is
expressed IN the cu,isttion OF the United States,
|
sfy its execution That if continued and acqui-
esced construed by the Supreme Court, t rails
es the decision OF the judiciary above the authority
of the sovereign parties to the constitution may be
warrant for the assumption OF powers not del IRA ed
in the other partmens, carried by the forms of
the constitution before the judicial department. and
whose decisions would be equally authoritative and
final wit II the decisions of that department.
However, therefore, il may be aGGuttcu or denied
that tho Judicial ds.c-tnent of t. - -.
nent l IN all question submitted BY the forms O.
na coEsiitr'ln TO decide in the last resort in rcla
tion TO me authorities Of the other dcpat tcnts Of
tha government, II never be auth0rl2d 50 as to
decide III relation the rights of the parties to the
constitutional compact from which he judicial, as
Wen ms the other departments, hold their delcEat ed
trns's; on any other hypothesis, the delegation of
Jud cal power would annul the power decorating il,
and the concur of this department in usutped
powers might su5ver for ever, aud beyond the posi-
pie reach OF any rghtnl remedy, the very consitu-
ton winch all We're instituted 10 preserve
The authority of constitutions over Governments
anu the sovereignty fthe people over constitutions
are TRUTHS at all times necessary be kept i'll mind
ana Is matter OF regret ~ tho committee that it
should ever have been asserted, that the constitutions
on whose lace is seen much labor oenumeratc & de-
hne the several ohj o federal power, could intend
20 introduce nthe Jump, in indirect manner, and by
forced construction the vast and uutIiorm nrlsdic-
ton involved i'll ne section 0 the law under consid-
eLht'ona Ir Fiction ovcrshadowing the entire field
OF CAeir egis!3 non AID adIudicaton urisd lotion
that saps the bundltion Of Inc constitution, as sys-
tenn o. mlte and specified powers; obli.erates the
sovereignty DISC mary republics renowned for their
defiance OF tyranny, and whose jealous limitations OF
power mad preserved their liberty, and secured for
world.
Nor ATE The committee unIrinlful, that in prac
tee. this disputed power, has given rise to panf,
coilisinnS IN the State and ,deral authorities calcu-
atsd to disturb the harmony of our system, and 10
weaRen that confidence aud affection, which are due
to the respective in tie constitutional
eXerclse at ali Their tunciious
The committee will only add o'ac more extract
from MIR Jet'rsan, which is 10 be found in Il second
series oil resoiu ions aduD,c bv the IcrisJatrre of
Kentucky, The 18th November, 1863.
"i'hat it thtse who ADMINISTERS the general 90
Vefhinent be permitted to transIrf the limits fixed
ny the compact by total DISREGARD to the special
delegations Of power therein conf aimed an annIhiIa-
ton OF the State governments ind the ercc;jor unon
their ruins hf general consoiidtt ed government will
be the inevitable conshqn s.ia the prncipe and
CONSTRUCTION contcnded for by sundry Of the State
legislatures, that the senergi government is The
elusive Judge OF the eX tent of The powers 6neoated
to Il, stop nothing short of dcspotsrn since the dis
cretIon OF those who minister the government and
not the constitution gould be the measure of their
powers: that the sey erai States who formed that
being oVertign and indcpendcnt have
he unquestonable right to Judge of It's nfraclion:
and that nuli;tcation by those soveregnsies, of all
unauthorized acts dime under color of that inetrn
nent, is the rightful remedy
The committee viii now proceed to examine the
provisions OF the 25tI section, and cor1Dare then,
WITH the powers OF the federal court as conferred nv
he constitution OF tAe United States; and then submit
or the consideration Of the House two judicial dec
'ons OF The highest respectfully declaring the said
18th section uncoD: EIutioRai
The whole jude ial power Of the United States IS
declared by the constitution 10 be vested in ore Su
'reme Court, aud IN such inferior courts as Con
.ress shall from timo TO lime ordain and esa 5IIsh
Jan Congress, By ley' Station invest State courts
With any portion oftbft power? Did the convention
contemplate IN usICG the appellate Jurisdiction
he right and power of taking appeal from State
;ourt 10 the sup enc Court? The answer to these
questions must 1Ue found in the constitution The
supreme olft is given original jurisdiction Only in
Wo classes ~ cases, to wit: IN oil affecting am
,assadors other public minister's and consuls and
nose ia which State shall be party. The only
;aSeJ IN which State can sc party are. LIST where
~ controversy is between two or more STATES; and
10 where the controversy is between State or the
citizens thereof and foreign States IN all other
cases 6ore mentioned says the constitution the Su,
preme Court shall have appellate jurisdiction What
courts have the original Jurisdiction in all those cases
'goc mentioned in the second section Of the third
article, Of which the Supreme Court has only the
appellate jurisdiction? let the constitution answer:
n "such inferior courts Congress- shall from time
o time, ordoin and establish" Is State court an
inferior COURT the constitution does not say So mi
Inc trainers ofthe constitution had 50 cOoeTed fhnn,