Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-05-20

Tt5 TdUU, V8 UUTOU5 UoctfInc OF perpetuaT taXaticu0-
we cha soon res The representative, OF tbs people a.
doptpg the recommendation Of our patriotic Chiel Ma
gis'ra'e, and relisvin The country from every unne.
eessary tax upon consumption. We have further en-
enlargement in the prospec, bsfore Ne. We have a
Pieiient who IL endeavcring to revive the ancient po-
hcy anu prime Piles IL our governmental guard every
craueh 81 industry with a vigitan, solicitude, but no,
To encourage ore % the ir Jury OF the o:her-to Cypress
no in'eres'-'o sacrihce the right. Of no portion ct The
Union Onder his adrSinistra,ion commerce. 10 once
more considered essential TO our natioral ptosre,iy
-navig alton the basis OF our naval DO ~, r.; the right
arm OF our defence Bit z ni,emea, We have oher
ana immediate evidence Of'he ri ndiy deposition Of our
Cnitf Magistrate to our great commercial interests in
the exercise OF a prerogaiive particularly ccn6ded to
him oy cur federal constitution. BY various eomwer-
eiai treaties he has eDlars ed our Intercourse with Amsri.
ca, Europe and Asia, and under his auspices we al.
ready see our commerce reviving in spite Of all our
taxes aud restrictions. He has secured Tor us indem
MY from Denmark-we have i%riumphed in our nAgo-
Citations with Great BIiiain-and for the first time un.
der the authority OF a treaty, has the American hg
passed the Dardanelles. Gentlemen, allow me 10 con.
gratuiaIs you That these important services TO our coun
ny have been rendered i'm rapid succession by a Chic,
Magistrate oil our own choice; aud may NO not BE-
permitted 10 congratulate ourselves hat tn ese briliAn,
diplomatic results have all been realized through the
immediate agency and eminent ability Of one Of our
own distinguished fellow citizens.
Pafdoa ms, gentlemen, for trsspassing still furthe r
on your indulgence. 1 feel called upon by an inpera-
i've sense OF duty to my constituents as we'll as to my
SELL 10 notice an extraordinary attack made on d por.
lion oil the representation OF this State, upon a recent
occasion, by a disting uish sd Senator from Massachu-
setts. the gentlemen deemed il deeorous and Jus,
10 lmpu'e u members from various States opiniOna hos.
nc 10 the constitution aud disloyal to the Union. 1
1 a charge not to be treated lightly nor 10 be disre-
gafded. L owe II 10 you, gentleman as your reprssen.
tative-to my colleagues from the interior who yot,
with me-, and to other members from d hersn, p,r,s Of
The Union, to meet the charge preferred agains, " a,
the bar oil my constituents by the dis inguisaed gen e
man from Massachusetts,.
And what, gentlemen, was the foundation for This
formidable charge OF 'rsasoo to the Uuiou? The Com.
.ni"ee on the ~Jrdiciary, at the late session Of Congress,
Introduced a bill TO repeal The 20 h section of the Judi.
cary act. The enemies Of the MEASURE Immediately
attacked IL, and in a manner wbish | hold utterly Ia.
coDpaubie with that spirit Of full aud free inquiry
win which every que ston Of public Importance shouid
De examined, and with that rigtt 10 BE- heard, which
be Ion g. to every man or body of men in ,his II 'public.
The bill was arrested, aud without knowledge, inves.
"g nion' or debate, rejected at lie second readi <.
whenever majod,ies traupIe upon the rights Of mi
noriiss-when u1en are denied even he prIvi.ege OF
haVin$ their causes OF eompiaini examined lio-when
measures which they deem for their relief, are reiec,
ell By the despotism of a silent mejority a, a seconi
teaiing-when such become the rules Of our legi.Is-
ton, the Congress OF this Union will no l1nser iisiy
represent a republican people. Ii was in accordance
wi h these principles, gentlemen, which believ. to b.
Dill at is second reading, aod should noi L e.ito'e on a
similar occasion to give IN, same vote. II Virsini,
complained III Kentucky, S u'h Carolina or Georgia
IL the people IL any portion o, our Union compsinsd
Of the operation of any par: o. :hs Judiciary ac.-oi
any OF our Laws, or OF any feature Of our COO. tuition. I
wGuida. least accord TO the party the unqles'ioneb e
right to have their proposit Oh fully and freely debated.
whatever might be its ultimate fate.
These who vo'el against rejecting the bill had. how
oN'is o'heT motives. me L was opposed TO reDealir ~
the section in question:, l entertained the opiuion-an
opinion in Which mary others concurred-that il VS.
at ieset ~expsdient to Inquire whether sumo mrdihca:ion
oil 'hs CSC 100 was not necessary. Ths authority of the
Supreme Court bad been used in the Gaze of III In
dian, Tassalls. A sesious ques ion had been raised SIS
10 the extent oil the jirisci;,ion Of tae Supreme Court
whether 1t was TO control the decisions of our State
liounas ia criminal ss well az civil cases. believ.d.
win others, that II a just construction of tia. act did
su'horise an appeal lrcm The Judgments OF our Safe
Courts in % animal cases, a modii :a.ion OF the act
would be come indi pensably necessary to secure 10 OH,
stale authorities en'ire and iaai jurisdiction in all cases
afisios unter their own criminal laws. IL seemed mani
lest to my mind, .h4t II the Supreme Court OF the
United 5 ates should ever claim and exercise a coot,ol
over ~ 'e,e tribunals IN criminal cases, it would in.
eVi:abiy produce dane erous cotlisio0s with the S a,es
oil iona fatal TO ,hs authority of the Cour.
But, gentlemen, | had another aud ye. sraver motive
,or desiring that the power OF the Srpreme Court shouli
se AZ ieas' examined and understood. We had, and
nave stu, a party in this country, pretenIire TO be the
exclu'ive friends Of that excellent institution. so rect.
less oil the %pro'Periy and harmony of the union, and SO
coh roieu oy a pirUZAn frenzy as 10 desire TO involve
The supreme Court OF The U. s. in a Cherokee war
II was und ;r5seod chat an appeal would be, or had been
naae &c 'ha' Tribunal by the Cherokees-and there was
an impression nat he eou-t might entertain iurisdic.
IN olit. Tbs opposition hoped, ard we feared, tia,
he ~jndgeso! tbs Supreme Cour, might yie!a to parry
combinations aud attempted 10 exercise pyIitical a..
well as jud ciai au hority. Gentlemen, was Il not ngces.
fary 10 enquire whether there was any founda ion Ia
our laws or constitution for our aprreh ensions. q ,hs
sanguine hopes OF the oppositioBl II there was a donbI
, upon The subject; il there was an appre hensioD ib.t t1s
court might absorb all The political as veil as the i1dich
If'' W tS SO'etnH.ebt-Wds " not our duty to eh,
I quie whether an express amendmtn! Of the judicist ,
act haI DE comt necessary 10 guard the executive a.
well as Legislative branches of our povernmtn, ron
the eneroac' msn,s OF The Judiciary, and to arrest The
| progress oil our cons ruciiye usurpalion! Gentleman
the crisis is nov pas,-tbe frmuess aud good sens.
81 a IN Joiiiy OF that court have relieved the rus
}irieads OF hat tribunal anil the union from mir aopre.
nan ionF. Toe danger IL over, asd it canno, bui hive
ietl a sironS impress ion Of The more han or Iinarv h,r.
ainood OF The opposition in claiming 20 be ,hs excloslv.
friends OF the Supreme Court or of tie Unioh, wben we
look back upon their extraordinary atte mpts to sacri6e @
that i1sttution-;o make it suS'ervirnt 10 the distract.
ing purpo @ o. their party-iO produces a co9vuls,y We
conflict between the executive and judicia al daoartments
OF our gov ernment, more fAtil TO the existence Of our
union Than all the dangers of notification, even w., or
magn'hed by the sonbre imagination # a Senator from
Massachusetts,. History will do little credit TO ;he,e
exclusive friends Of the Sap eme CJurI, and # on,
Union, when i, records iheir political NOV ments in re
ia'ion to this question. Ii will not soon BE- forgotten
by the people OF this country that the most sll.udd Ia
Tents oil The opposition have bren enlisted and e!oausn NJ
ly exercised, 10 injuc' the JUICES # The Susrema
Couri Of our Uoijn to violate their sacred os,bs an
obhgaiiers, and usufp political powers not e an' ed BY
our LAYS or constitution not TO further n cauge o
justice, bet TO produce an open wsr between ths Exc.
ries were every where anticipating, and ifiumph mt
ly announcing 10 us this %iudgmentof .He cont. Gu
ehisi magistrate was threatened-we were soon 10 see
whether he would dare 10 disobey the mandate Of IN
court-in other wordo, wh6 ther he would violate hi
oath to adhere TO the Constitution, and send IN arm,
inio Georgia, TO assist our federal officers in enforein.
The decree OF the court, and in suspeodiog the execu
uon Of all the laws of Georgia, relating 10 the Chero
KEGS. L, there a patriot in the Union, no matter Il
what party be may belong, who could contemplate suci
a criis w1thou; the most serious alarm for tho cxis,enc,
OF the court and The peace and hormorv nf IN, n,icr