The Arkansas advocate., 1831-09-28

sy .agisi ne rnder tl,is Constitution, the laws of tne United States and the trea- ties made. or which shall be made un- der it's authority; and which ] nave high authority in asserting, excludes pc Iitical questions and comprehends those only, where there are parties amenable to the process of the Court. Nor is it's incompetency less clear, than it's want of constitutional authority. There may be many and the most dangerous infrac- tions on the part of Congress, of which Ii is eai,.e.ic.d by ai. the court sis 5i u jicial tribunal, cannot from it's nature take cognizance. The Tariffitselfis strong case in point: and tue reason ap- plies equally to aH others aeftefe Congress perpepss pomer, from ass object a,,tended, 10 o,se aaof intended, Ae most sitsidiolts and dangerous of aHthe infraetions; and srhich may De eateaded to a1t of its pozoers, more cspceiollyto to the taring and appropriating. But snpposing it competent to take cog nizance of all infractions of every des- cription, the inseparable objection still remains, that it would not be safe tri- bnnal to exercise the power i'll ques- tion.
 It is an universal and fundamental political principle, that the power to protect, can safely be conhded only to those interested iii protecting or their responsible agents, maxim not less true ;:s n private private than than m public affairs The danger in our system is, that the Gene ral Government which represents the in- terests Of the whole, may encroach on the States, which represent the peculiar and local interests, or that the latter may cncroach on the former. In examining this point, we ought not to forget that the government through its depart ments. Judicial, as we'll as others. is ad- ministered by delegated and responsible agents; and that He pozucr 7ehieh realig controls ultimately aH the mopentents as not in tte agents, but fhose suho elect or apDoim Mena. To understand then is real character, and what would be the action Of the system in any supposable case. we must raise our view from the mere agents to this high controlling pow ser which finally impels every movement of the machine. By doing so we shall find all under the control of the will of q majority. compounded of the majority Of the States, taken as corporate ho= dies. and Inc majority of the people Of sIe States estimated in federal numbers. These united constitute the real and final power, which impels and directs the movements of the General Government. i .is f1iioii:i of Of ttlic ttic 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 President and ma rjoritY of the Senate appoint the Judges, majority of whom and majority of the Senate and the House with the President, really exercise all of the pow CTS of the government, with the exeep- tion of the cases where the constitution requires greater number than a ma joritv. The Judges are in fact, as tru- ly the judicial representatives of this united majority, as the majority of Con- gress itself. or the President, is it's legis- -lative, or executive representative; and to conide the power of the Judiciary to determine finally and conclusively, wha! powers are delegated. and what reserv. ed, would be in reality to contide it to the majority, whose agents they are and by whom they can he controlled in va rious ways; and of course, to suhject (against the fundamental principle of our system, and all sound political req .eoning.) the reserved powers of the States, with all of the local and pecuI- far ri'stcrests, they were intended to pro- Sect, to the will of the very majority, against which the protection was in- tended. Nor will the tenure by which the Judges hold their office, however valuable the provision in many other respects. materially vary the case. Its hig'sest possible effect would he to re- sord and not finally 10 resist, the will & "a dominant majority.
 But it is useless to multiply, argu- ments. Were it possible, that reason could settle a question where the pas sioas and interests of men are concern- ed, this point would have been long since settled forever by the State of Vir- ginia. The report of her legislature, to which l have already referred, has really, in my opinion, placed it beyond controversy. Speaking in reference 10 this subject il says,ssit has been object ed'' (to the right of a State to interpose for the protection of her reserved rights) Al. Al