Virginia free press & farmers' repository. [volume] (Charlestown, Va. [W. Va.]) 1827-1832, 1831-09-08

not IN The agents, bat those ,rho select
or appoint them To understand then
It's real character. and what would be
the action Of the system in any sup
possible case, We must raise our view
from the mere agents, TO this high con
trolling power which finally impels
every movement oil the machine. By
doing so, we shall find all under the
control OF the will Of \ majority. com
pounded OF majority OF the States,
taken as corporate bodies, and the ma
Jority OF the people of the State, esti
mated in federal numbers. These.
united, constitute the real and f;nal
power which impels and directs the
movements Of the General Govern.
ment. The majority of the States
elect the majority OF the Senate; of
the people Of the States, that of the
House Of Representatives; the two
united, the President; and the Presi-
dent and majority Of the Senate sp-
point the Judges; a majority of whom,
and majority Of the Senate and the
House with the President, really excr-
else all of the powers Of the Govern
ment. with the exception Of the cases
where the Constitution requires q
greater number than majority. The
Judges are. in fact, as truly the judi
oial representatives Of this united ma
'jority, as the majority OF Congress it
sell, or the President is its legislative
or executive representative; and tn con
Tide the power to the judiciary TO de L.
tcrmine finally and conclusively what
powers are delegated. and what re-
served, would be in reality TO coDfide
It to the majority, whose agents they
are, and by whom they can DC control.
led I'm various ways; and. Of course, 70
subject against the fundamental priu-
ciPle OF our system, and all sound po-
itical reasoningl the reserved powers
OF the States, with all Of the local and
peculiar interests they were intended
TO protect, TO the will of the very ma
jority against which the protection " az
intended. Nor will the tenure by
which the Judges hold their office,
however valuable the provision in ma
! ny other respects, materially vary the
case. Its highest possible effect would
be to refard and not finally to resist
the will Of a dominant majority.
But 1t is useless to multiply argu
mcnts. Were it possible that reason
could settle a question where the pas
sions and interests of men are con
cerncd, this point would have been
long since settled forever, by the State
of Virginia. The report of her Legs
iaturc, TO which have already refer
red, has really, in my opinion, placed
1T beyond controversy. Speaking ir
reference to this subject, il says, "i
has been objected" Ito the right Of &
State to intcrpose for the protection o
her reserved rights shat the judicia
authority is to be regarded as the sol,
exposition of the Constitution on thi,
objection it might be observed, first
that there may be instances Of usurpcc
powers which the forms of the Consti
tuition could never draw within III,
control Of the judicial department; sc
icOndly, that IL the decision Of the Judi
lciary be raised above the sovereign
parties to the Constitution. the dcci
slons OF the other departments, not car
ried by the forms Of the Constitution
before the judiciary, must be equal,
Authoritative snd final with the dcci
sion OF that department. But the pro
per answer TO the objection is, that tn
resolution of tue General Assembly re
lates 10 those great and extraordinarl
cases, ia which all Of the forms Of ia,
Constitution may prove Intellectual a
gainst IniractIons dangerous TO the cs
sentIsi rights Of the parties TO it. Tn,
resolution supposcs shat danserou
powers, not delegated, may not onl,
% usurped and executed by the othe
departments, but that the judicial de
partment may also exercise or sane
ton dangerous powers beyond tn
grant Of the Constitution, and cOnse
quently that the ultimate right Of tn
parties to tho Constitution 10 iudg
; whether the compact has been danger
ously violated, must extend to viola
tons by one delegated authority, a
well as by anolhcr-by the JUDICIARY
} ~ we'll "a by Gie Executive OF Legs
, latiye."
Against these conclusive arguments
, as they seem 90 me, II u objected tina
II ons party has the right to Judge Of th
, iniractioBs OF the constitution, so Iva
the other. and that consequently 10 ca
: sc. Of contested powers between a stat
and the general government, each oul
have right TO maintain its opinion. a
, - the case when sovereign powers dii
, Gcr IN the construction OF treaties n
. contacts. and that Of course. IA woul
. come to be mere question Of force
The error is IN the assumption, that ~
F.; General Government - a party 90 th
. constitutional compact. The states. a
10. h..n sLo.,..,. 4 ,....o, 4 al, 60.