Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-08-16

consolidate ,he Ooe Iet In the exclusive possession
Il 'he right all OF the powers OF The G0yernmen for
y 10 mol possible TO Distinguish, practically, between
Government having all power aud the enc having the
right to take what power plea,es. Nor does Il in
me least vary Tho principle, whe her the distribution
oil power De between cOesales, as in England, or be-
tween distinctly organized, but connected Governments
" with u.s. The reason lie the same in both cases. while
the necessity greater in sass as ,hs danger Ct
coihlet gfea er, where the interests of society
dWiueu geosra hieaiy, 'h'n in any other, as has al
ready been shewn.
These truths do 70 me 10 be In incontrovorb,s;
ana am at loss 10 unds rssnd how any ops who III.
maiurely rsa c'ed on the na,use OF our inHiops or
who has read history studied principles OF Tree Co
vernm'n' TO any purpose, can Cell them in question
ne explanation must, 1t appears to me, be sought in
The fact, that in every free State there are those who
look more IN the necessity OF maintaining power, than
guarding sg@na its a"usss. DO not intend reIroach
gu, SIMPLY TO state fac apparently necessary TO ex
PLAIN hs conarety OF opinions among the intelligent,
where tue abstract consideration OF the subsc would
seem scarcely TO admit Of doubt Ii such be the true
cause must think the fear OF weakening the Cove
meat too much in This TO be in great me asuIe
unisundej, oe at least hai TIE great dagger much es
from that, than the oppoe side. 10 not deny that
power, oil go high nature may be abused by Sat-;
but when reflect that tie States unanimously called
the General Government into existence with all Of il,
powers, which they freely surrendered their part
under the conviction ,hat their PEACE safely
and property requisedI; that hey bound iogs-
tner by asomDOn origin, and the recoe OF eom
mon triumph in the gredt aud splendid achievement OF
| %
our nature, and among them, The love national pow
er aud distinction, the sle OF the UnoD il does
seem 10 me, that the fear which would strip The ales
oil thsr sovereign y, aud degrade them in fact mere
dependent corpoT5uon9 lest they should abuse right
ndiSPe nsab!e 10 the protection OF those in
eresis which they reserved under their p cular
guardianship, when they creAted the General Cove rn-
ment, is unnatural and unreasonable. III those who
voluntarily created the sys'em cannot be trusted TO
preserve IL, VIII power can!
/ 80 Tar iEoIa eX,r dang sr hold that hese never
was free slate in which Ihis great conservative pru-
clpe, indispensable in all, safely lod ged
la o'hers wnen he coesaleF, representing the dis
similar and connect ting interests of the community came
mo eonac, the on'y alternative compromise, sub
mission or iorcs. Not so in Should the Gener-
al oovefnmsni AID state come into conflict We have
nigher remedy the power " hch ca led The Gene al
Goverpmeni into existence, which gave all Of its au-
hority, and eniarg, or abolish its
at its pleasure, may b. invok d. Tn. Stes
may be appealed to- three 10 r.hs OF whish, in fact
form power, whose desIees the Cons ution itself
and whose voice silence all di,con,en The utmost
x'en ihen Of he power is, that Safe acting in l..
sovereign capacity, OF The parties TO the Cons,i
tuhona compact may compel the Governm ent ated
by that compact TO submit, question touch ng its in
irac'ion'o The paroles who created i TO avoid the
posed danger, Of Wheh, il is proposed 10 resort to the
novel, the hSZrdous, and, must add, fatal project
giving 10 the General Government the sole and final
right oil Interpret ng the Constitution, thereby
ing tho whole system, making that iEstrumsnt the
ereaUre OF it, will, ins cad Of rule of action impressed
at its creation, and annihlatng in fact tho anhori
~ Which imPoEed l., aud from which the government,
isef derives lis existence.
| That such would be the result, were tho rkht in
quesio vested in the Legislative or Execu i've branch
OF The Government, is conceded by ALL No ots ha,
been so hardy as 10 assert hat Congress the Pfesi
dent ought TO have The right, or to deny, that vested
finally and exclusively in either, the conse qusnce,
which have stated would not necessarily follow; bu
lis advocates have besn reconced TO the doctrine on
the supposition that there Is Department Of this
General G5vsrnm eni, which, from is peculiar or ami
cation, affords an independent tribunal through which
the Government may escrciss the high authority which
is the sui act at consideration, with perfect safety to all
yield, trust, TO few in my attachment to the Ju.
dietary Department. / am fully sensible of its mpor
lance and would maintain ii 10 the fullest extent in il
constitutional powers and Independence but il mposs
BILE for me TO believe, that ever intended by the
Constitution that it should exercise the power in ques
lion, that ii is competent TO do so, and if il were
that ii would be safe depository of 1he power
Its powers are judicial and not POLITICAL and are ex
pre- ssly confined by the Constitution ''to all cases in Law
and equity arisng under this Constitution, the laws o
hee United States and the treaties made under It's
excludes political questions and comprebsnds tho,e n
iy, where these parties amenabe TO the pToces
oil the COURT Nor is its incompetency less clear thar
Its want OF constitutional auhoFity.-There may be ma.
ny, and the most dangerous attractions on the mart OF
Congress- OF which, it is conceded by ALL the court a.
Judicial tribunal cannot from IFS nature take cogniz
ahce Inc ann Itself Is strong in point; an,
The reasoL applies equally % all others where CONGRESS
perVerls power, from an object intended, TO on,
not intended, the most insidous and dangerous of al
the iniractions and which may be extended TO all IN
powers more especially TO the taxing and approprianp
But supposng 1t competent 10 take cognlZance of al
lhrdcuoiS oil every description, the insuperable obec
uon still omans that it would not be safe tribunal r.
exercise the power in question.
ltls 40 universal and fundamental political principle
"at lhe power 10 protect can safely be eonfded on
10 those Interested in protecting, or their
agents, maxim not ie's true in private than in public
adlr' The danger in our system is that The Genera
Government, which represents the interests of The
WHOLE may eneroach the States, which represent
tho peculiar and local inter ests or that the latter
, encIoAch on the 6rmer. In examining this point w,
ought not - forget, that the government throg al m
Depar ments, Judicial, as we'll others is administer
OIL by delegated sud ponsble agents. and that The
power Which really crn'rols ultimately all the move
neLts - o. IN the agents, but those who elect and CD
oinl ibtm. To unde stand then 1 ) real character
and what would be the action of the system in anv
suPpo'aOie ease, we must raise view from the me re
agents. 10 shi5 high controlling power which foaly
imPeis every move msnt Of the machiue By doing 40
we shall mod all under ihs control Of the win of ma
Jofiiy, compounded Of the will of a msiority Of the
idtet taken as corporate bodies, and The mgiotv nj
IN people OF the ales estimated in federal numbsrs
lhese united constitute the al aud na power which
impes aud directs the movements of The @, neral e,
veTnmeni. The maj ,,hy OF The States cleo, The ma.
Jory Of The Senate; Of he people of The a,es that Of
House Of Re0reseUia ige'; The two united the Pc.
silent aud Oriiy OF the Senate appointu JUDGE,
majority oil whom, and majority ct ihe Senate and
me House with the President, really exercise all OF
he powers OF the Governmt n, with ihs exception nj
the cases where the contribution REQUIRES ofeats,
number han MAORI y. The judges are, ia flei q,
rulY The Judicial r. pfesenaIves Of this upiled ma
JoThy as lho majority OF Congress itself or The
PRESIDENT 10 Hs IeEIstve executive Tspressn.
ahv:j and TO conhde The power to he Judicia-
Ivy 10 determine hgSilY and c5rclustyelv what
powers are delegated, aud what reserved, would
be IN reality TO conhds il TO the maori,y whose
agents ihey are, and by whom they can 10 con.
WoIed In various ways and, OF course, 10 subject
Sagans the iGndamenal principle OF our syem asd all
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