Daily Richmond Whig & public advertiser. [volume] (Richmond, Va.) 1833-1840, 1833-04-04

right to the sole construction OF their povsr.
than any OF the departments of the Federal
Government can have; this power IL expressly
reserved, IS ! had stated on another occasion.
not only against the several departments Of the
General Government but against the United
States themselves. will not repeat the arQu-
ments which then offered on this point, and
which remain unanswered, but must be permit.
ted to offer strong additional proof of the views
then taken and which, il am not mistaken
are conclusive on this point. l, n drawn from
the ratification Of the Constitution by Virginia.
and is in the following words. Mr. G. then read
as follows: =.
ave, the Delegates of the people of virg,-
mia, duly. elected in pursuance Of recommen-
dation from the General Assembly, and now met
IN Convention, having fully and freely investi-
gated and discussed th~ :,rcceedi.ss of the
Federal Convention, and being prepared, as well
as the most mature elaboration hath enabled us
to decide thereon-do, in the name and in behalf
OF the people OF Virginia, declare and make
known, that the powers granted under the Con-
stitution, being derived from the people Of the
United States, may be resumed by them, when
soever the same shall be perverted to their injury
or oppression, and that every power not granted
thereby, remains with them, and at their will;
that, therefore, no right Of any denomination can
be cancelled, abridged, restrained, or modified by
the Congress, by the Senate or House Of Repre-
sentatives, acting in any capacity, by the Presi-
dent, or any department, or officer Of the United
States, except in those instances in which power
is given by the Constitution for those purposes;
and that among other essential riggs the liberty
Feelled, abridged, restrained, or mod by any
authority Of the United States. With these
Impressions, with n solemn appeal'to the Search
er OF all hearts, for the puritxof our intentions
and under the conviction that whatsoever imper-
fections may exist in the Constitution, ought
rather TO be examined in the mode prescribed
therein, than to bring the Union IN danger by a
delay, with the hope Of obtaining amen.lments
previous TO the ratihcation-We,' the said Dele
gates, in the name and in the behalf of the peo-
pie Of Virginia, do, by these presents, assent to
and ratiiy the Constitution recommended ON the
18th day Of September, 1884, by the Federal
Convention, for the Government of the United
States, hereby announcing to all those whom il
may concern, that the said Constitution is bind
ing upon the said people, according TO an anthem
tic copy hereto annexed, in the words folowing,'
&c.
Ii thus appears that that sagacious State Il
fear, however, that her sagacity is not as sharp
sighted now as formerly ratified the Constitu-
ton, with an explanation as to her reserved pow
ers; that they were powers subject to her own
viii and reserved against every department OF
the General Government, Legislative, Execu-
tive, and Judicial il she had prophetic
knowledge OF the attempts now made TO impair
and destroy them; which explanation can be
considered in no other light than as containing a
condition on which she ratified, and. in fact,
making part Of the Constitution of the United
States, extending as well to the other States as
10 herself am no lawyer, aud it may appear
TO be presumption in me TO lay down the rule OF
law which governs in such cases, in controver-
sy with so distinguished an advocate as the Sc
nator from Massachusetts but will Law il down
as rule in such cases, which have no fear
that the gentleman will contradict, that in case
Of a contract between several partners, If the
entrance OF one on condition be admitted, the
condition enures to the benefit Of all the part
ners. But i do not rest the argument simply
upon this view; Virginia proposed the tenth
amended article, the one in question, and her fa-
LITIGATION must be at least received as the highest
evidence OF Its true meaning and Interpretation
IL these views be correct and do not see
how they can be resisted, the rights of the States
TO Judge OF the extent Of their reserved powers
stsfd on the most solid foundation, and Is good
against every department Of the General Go
yernment; aud the Judiciary is as much exelu-
ded from an interference with the reserved pow
ers, as the Legislative or Executive departments
To prove The opposite, the Senator relies up
on the authority Of Mr.. Madison, in the Fede.
eralist, to prove that il was intended to invest
the Court with the power in question. In reply
will meet NJ. Madison with his own opinion,
given on a most solemn occasion, and backed
by the sagacious Commonwealth Of Virginia.
The opinion &c which sllude will be found in
the celebrated repo-t OF 1899, Of which Mr.
Madison was The author.
but IL is objected, that the JUDICIAL AUTHORITY
is to bc regarded as the sole exposition Of tAe Con.
sfituoR IN The last resort and it may be asked for
what reason the declaration by the General As.
sembly, supposing it to be theoretically true could
be required al the present day, and in solemn
manner.
"On this objection il might be observed-frsf,
that there may be instances of usurped power,
which the forms of the Constitution would never
draw within the control oftho Judicial department:
secondly, that If the decision Of the judiciary be
raised above she authority of the sovereign parties
10 thu Constitution, the decisions Of the other do.
Partmcnts, not carried by the forms Of the Consti.
tution before the judiciary, must be equally sutho-
ritstivo ard final with decisions Of the department
But the proper answer TO this objection is, that
thn resolution OF tho General Assembly relates 10
those great and extraordinary cases, in which all
the forms Of the Constitution may provo ineffect.
ual against infrsctions dangerous the essential
rights of the parties TO IT,. Tho resolution suppo.
ses that dangerous powers, not delegated, may
not only DO usurPed and executed by the other dc.
partments, but that the judicial department, also
may exercise or sanction dangerous powers beyond
the grant Of the Constitution; and. conservative
that tho ultimate right Of the parties to the Con.
Eerousy violated. must extend 10 violations by ono,
delegated authority, 40 well az BY another; by the
Judiciary as we'll ss by tho Executive or tho lie.
gislsturo."
The Senator also roles upon tho authority Of
Luther Martin 10 the same point, TO which have
already replied 80 fully, another occafion, lin
snswer 10 the Senator from Delawsfe, Mr.. Clay.
ton,) that do not deem II necessary 10 add ANY
further remarks on tho present occasion. -
But why should waste words Ia robly 10 these.
or any other authorities, when II has besf V clear.
y established that tho rights oftho States arc 70.
served against all and every department Of tho Co.
vernmcni; that authority in opposition can pos.
sibly shake position 80 well established. Nor do
think Il necessary TO repeat the argument which
I offered when the bill was under discussion, TO
show that tho clause in tho Consttution which pro-
vides that thu Judicial power shall extend TO all
eases In law and equity arising under this Consti.
tuition, and 70 tho laws and treaties made under is
authority, has no bearing on the point in contro.
versy; and that even tho boosted power Of the su.
prsmo Court 10 decide law TO DO unconstilutisn.