Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-02-01

the foregoing principles and cXpositions, the com
nnttee cannot perceive any grant OF power in the
constitution To warrant the enactment.
That the constitution does not canfcr power on the
fedora! Judiciary over the udici dcpar Of the
Suites b. express grant certain from tho feet,
that tho S'a'c iudclaries not named in that
instrument. On the contrary. 1t declares that the
judicial power or the Unrd States shall ho vested
III one Supreme Court and such iaicrtor courts as
Congress may, from time In time otjin and cstab-
lsh; thus giving power to organize judicial system
capable OF exercising every function t" which the iu-
Gcia! power ui tho United States cN'crdrd. land Ia
tending Ia create new iuiIc!a:y, ~ exercise the
judicial pnwcrs Of gnycrnm"n.,' uncpirrci cd
with, and independent OF. tac State Id,caIcs
Ii Is no more necessary Ia the harmnnious action
OF the federal ard SAFE governments that tr federal
courts should have power Ia conirul The decisions
OF State courts by appeal. than that the federal Lee
g'slature should have power To control the rsisa-
ton OF the States, the federal Executive a Stuc
Executive, ny negative |; cdnnn; b. that when n
direct Acyatjve Cn the laws at Il State was proposed
III convention, Us part "f tho federal Constitution, aa
rejected th't was Intended IN confer the federal
courts by iinpscalion, power suh"rtur their whole
legislation, aud ih'- l" .m"ns iu duc,rrr on It. to
this negative OF the federal courts. II cannot be
that tins proStTatiun CT tie independently al the
l"d'c'aries this overthrow of III" STATE governments
coordinate powers. Cou,l B., lea Il arv ,,,l.rc
ton 81 AUTHORITY.
The committee arc, therefore. NJ opinion hat the
power 10 enact ic 25h section above rcc,teG Is moi
expressed IN the c0nSttioa of the United States nor
properly an incident to av express power, and mecca
Sarv 20 It's execution. That, u continued Iui nCCu!-
csced III construed by the Supreme CONT u rais
cs the decision 81 The judiciary above 'i:H authority
OF the sovereign pariie, 10 The constitution. may be
warrant for tho assumption oi powers uot lI a 81
IN the other departments not clrrcl by the forms at
the constitution before the judicial department. and
whose decisions would Be- equally Ing.;a;Iy. ami
final wit h the decisions Of that department.
However, therefore, /, may be admitted ar denied
that the iu&ics! department Ut The clcrl govern
90, To- i,rt
thr constitutions, decide in lhc last sort m rtln
t'0a To thu authorities ot the other departments 81
that government, II can never bc authorised 80 - "a
decide rC,' 20 the rights of the plrcs to The,
constitutional compact from which The 'iiicinI -
we'll as the other departments, hold their dciccu Cd
tVu2's: "n any other hyHatIes;s. thr lciagljnn of
JIa ca! power would annni thr power dcryat.nr H.
and the UcH at this Department m ns IIpcd
0nwers ngh, sujYrr fpr evHr and beyond lie rossi-
bic reach of any ryh:iIi remedy, the yrr" c8Usi!lu
tinn VIII en- all were instituted prrsrrvr
"Ihe aulhorty al constitutions over governments,
aud the sovereignty ofihc people over constitutions
are 'tu's a. all 'les Necessary To he kept IN .::d
and II - matter ofrecret 10 the committee that il
should ever nav" been asserted, hal tie. constitutions
ON whose face Is seen nvch abr ocnumcralc s. d.
fnc the s""ern objects Of federal power could intend
!" Introduce III the lump, i'll indirect Gauner and ty
n forced construction the vast and muuorrn irr'sic-
tlon iuv"lved tlf section OF thc ll. uc5 cons,d-
eratioh-a Jurisdiction Cv'rSha,1w ing the entire field
OF their legislation and a!lGI'catoa; iGrisd ction
-
TEN OF limited and Dcciied powers; oblncratcs the
sovereignty Of - many republics renowned for their
Ieii'ncn at rIEny, and whose Jealous limitations of
po".r had preserved lhc!r liberty, and secured for
world.
Nor arN the committee urinindfu,, tlat in Drac.
ice i"S disputed power, has given r5a IL painful
Collisions ~ the > ale and federal authorities calcu-
Iat9d to disturb the harmony Of svSlein and 10
weaken that confidence aud Affection which are due
TO the respective Governments i'll tic Constitutional
exercise Of all tlIei. hII,C long.
The committee wili only add orc more extract
from Mr. Jc'i rson, which l. - be found in a second
series ol resolutions adApcd 10y the Legislature of
Kentucky, the | i'h No"cnbsr. 1899
That 1t IN lse who administer the general 20
'HrhHl"nt De permitted to irinsyresS the limits fixed
ny the compact, by total disregard 70 the special
delegations of power therein contained, an auiIll-
ion OF the State gov rnmcuts, and the erection upou
heir RUNS OF general consolidated government viii
- the inevitable consequence: t!at The principle and
construction contcnGed foF hy suudfy Of the STATE
legislatures, THAT the general government Is the cy
elusive judge Of the cEtc1, orlhe powers d.I,outcd
% l., stop nothing short Of dcspotlym since the dis
cTcllon OF those who administer the government, and
lot the constitution would be the measure Of their
powers: that the several States who formed that
Instrument, being sovereign and iudcpcndsru, haze
ne unques t!onabe right to Judge of It's infrac.ion
ind that notification, by those snvercgntes, Of all
unauthorized acts done under color Of that instru-
nent. Is the rghtiul remedy
The committee viii now proceed 20 examine II,
provisions OF the 2jth section, and cumnars them
with the powers Of the federal court as conferred hy
he constitution OF tho United Statcs; and then subn,
or the consideration Of the House tYo judisai dcci
'ions of the highest responsibility dsclrla., t.. said
18th section unconstitutional.
The whole judicial power Of the United States Is
declared by tie Constitution to be vested in one Su
oTcmc Court, and IN such inferior courts a. Con-
1rcss shall from tine TO time, ordin and establish
Can Congress, by legislation, invest State courts
"'th any portion OF that power Did the convention
;1ntempIate IN using the term appellate Inrigdiction
he right and power Of taking an appta! roma State
court % th" Supreme Court The answer to llrsr
questions must he fouudln the constitution The
Supreme QUIT IS gwen original jurisdiction orly In
,wo classes OF cases 20 wit: oil cases affecting an
JdssadoTs, other public ministers and consuls and
those in which State shall be party. The only
cases IN which State eau 5c party are LIST where,
tho controversy = between or more States; and
20, Whcrr the controversy Is between State. or the
Citizens thereof, and foreign States. III al. other
cases bIloTc ncHi0uod says the cons''utca TIC Sr-
prenc Con't shall have appellate jurisdiction. Wha.
courts have the original jurisdiction in al those c-e7
bjOSc mentioned IN tho second section Uf tac third
article, ot which the Supreme Court E1s only The