Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-03-18

tecft0n 0tQ.-OoNTlNUED.
And in regard, sir, to the judiciary, the Con-
.,;,utiuu is siili more express and emphatic. Ut
declares that the judicial power shall extend to
all cases in law or equity arising under the Con-
sttution, laws of the United States, and trea.
tie.: that there shall be one Supreme Court, and
that this Supreme Court shall have appellate Ju'
risdiction Of all these cases. subject to such ex
ceptlons as Congress may make. II Is lmpossi-
bic to escape from the generality OF these words
If a case arises under the Constitution, that IS,
if case arises depending on the construction OF
the Constitution, the judicial power OF the Unit
ed States extends to It. 1t reaches the case, the
question; it attaches the power OF the national
iu,iic ature 10 the case itself, in whatever court
NAV arise or exist; and in this case the Supreme
Court has appellate jurisdiction over all courts
whatever. No Language could provide with more
effect and precision, than is here done, Tor sub
iecting constitutional questions TO the ultimate
decision of the Supreme Court. And, sir, this
;saexactIy what the Convention found it ne sessa-
nv to provide for, and intended TO provide for.
II is. too. exactly what the people were univer-
sally told was done when they adopted the Con.
stitution. One of the first resolutions adopted
BY the Convention was in these words, viz:
t" that the jurisdiction of the national judiciary
shall extend to cases which respect the collection
of The national revenue. and questions which in
volve the national peace and harmony" Now.
sir, this either had no sensible meaning at all,
O. else il meant that the jurisdiction of the ma
tiona judiciary should extend to these questions
Nth a paramount authority. 1t is not to be
supposed that the Convention intended that the
power of the national judiciary should extend to
these questions, and that the judicatures OF the
States should also extend to them, with equal
of 6,,rf he IN
feat the whole object of the provision. There
wsee thirteen judcatures already in existence.
Theevil complained Of, or the danger to be guard
ed against, was contradiction and repugnance in
the decisions Of these judicatures. II the franz
ers Of the constitution meant to create four.
teenth, and vet not to give IL power 10 revise
and control the decisions Of the existing thirteen,
then they only intended to augment the existing
evil, and the aEprehended danger. by increasing,
still further, the chances of discordant judy
ments. Why, sir, has II become settled AK
ION ia politics. that every GoyeEnment pnst ne. .
judicial power co-exten>,ve WIN us legislative
power Certainly, there ia only this reason,
VIZ: that the laws may receive uniform inter-
pre,a,ion. and uniform execution. This object
can he no otherwise attained. A statute is what
it is Judi, laly interpreted to be; and if it be
construed one way in New Hampshire. and ano-
Their aay ~ Georgia. there is no uniform law. -
One Saureme Court, With appellate aud hnal ju.
risdlc'ivn, j. the natural aud only adequate
means, in any Government, to secure this uni
furmItY. The convention saw all this clearly;
and the resolution which l have quoted, never
after ward, rescmded, passed through various mo-
dlhcations, till it finally received the form which
the article Dow wears in the constitution. 1t is
undeniably true, then, that the trainers OF the
constitution intended to create national Judi
cial power, which should be paramount, on ma
tional subjects. And after the constitution was
framed, and while the whole country was ensag-
ed in discussing its merits, Of its most distin
guished advocates Mr.. Madison told the peo-
pie that it ,cas true thai, IN controversies relating
10 the boundary Jetpeen the too Jurisdictions,
the tribunal ,chich is ultimately TO decide is 10 b.
established under the General Government. -
Mr. Martin, who had been member of the con.
vention, asserted the same thing to the Legis.
lature of Maryland, and urged 1t as reason fol
rejecting the constitution. Mr., Pinckney him
self, also leading member Of the convention,
declared II to the people OF South Carolina. -
Every where, it was admitted, BY friends and
foes, that this power was in the constitution. By
some It was thought dangerous, by most it was
thought necessary; but, by all, it was agreed tC
be a power actually contained in the instru
ment. The convention saw the absolute neces
sity of some control in the National Government
over State laws. Different modes Of establish
log this control were suggested and considered.
AT one time it was proposed that the laws Of the
States should, from time to time, be laid before
Congress, and that Congress should possess a
negative over them. But this was thought mex
pedient and inadmissible; aud in its place, and
expressly as substitute for it, the existing pro.
vision was introduced: that is to say, a provision
by which the federal Courts should have autho-
rity to override such State laws as might be in
manifest contravention Of the constitution. The
writers Of the Federalist, IN explaining the Con.
stitution, while it was yet pending before the
people, and still unadopted, give this accoun,
of the matter in terms, aud assign this reason
for ne article as it now stands By this provi.
sion Congress escaped from the necessity OF any
revision Of State laws, left the whole sphere ol
State legislation quite untouched, and yet ob
tanned a security against any infringement Of the
constitutional power Of the General Government
Indeed, sir, aloSs me to ask again, if the nation
al judiciary was utk. IN ev erciee a nou or of rav