Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1833-02-21

monis OF the Government md ,n .,o,cr,,,
ms these questions the ht'c s,,,cs ., M.
ware and Rhode Island have Gael, tlc 80.
vote with New York or rcnu-viyani,. ar
voting IN this way change may be- effected
by minority OK the people uf the Uni,e,s
states. VIII not all these checks and guards
satisfy the minority Must they suIl h,,.,
tins anti-rcpublicnn, disorgsrixing, and dan
gerous principle, which would authorize tia,
srigie little state OF Delaware TO control the,
action OF tho General Government and the
WI al the whole people of the Ditcd state
What Is the chief barrier between the pow
or OF this House and tie rights of tie minori-
~ ia Virginia J. u not the Judiciary De.
par'ment' 30 IN the Federal Government.
the Judiciary Department Is the safeguard OF
The rights of the minority. II an act of Com
gross Iniringes the rights of any indiv dual ~,
matter how poor or humble he NAV be he
may obtain relief IN the supreme Court Of
tho tnded States. IL is there that the col
loSsal power OF Congress may be checked
Hut, SIR, u - the fashion of the present day
with tie minority, Ia denounce and rcpudiate
TINS tribunal. VI has always appeared to me,
sir, mat Tins was most suic idal policy in tho
minority; for after all the theories OF nullif-
cation, secession, state refo, or Interpolation
Il " al be found IN tie long run that there !.
no check upon the unconstitutional leyisIa-
Ton oi Congress so efficient, &c rtain and safe
as the supreme Court OF the United States;
u y IN fact the sheet anchor of the minority
IL Is true, - MIR. Madison has said IN M.
celebrated report of 1893, that the Supreme
Court l. not the tribunal ia the last resort Ia
determine constitutional questions But what
, N the legitimate inference iron, this express
SION: Clearly that IL is the tribunal ia the
hrst rescrt--and 1t IS so--the Constitution OF
the United States itself has so declared il "a
be. There Is an appeal in effect from TIN,
uibulal To the states, acting together IN tho
manner prescribed by the Cons titutiou for
amendments thereof, as have stated be fore
The human mind can hardly devise a tribu-
nal an the GoVornmcnt Of the United States
That Will be more Likely 70 giFe a fair. sound
a'id impartial decision OF all constitutional
questions arising IN the Legislation of Congress
than the Supreme Court. The President OF
the United States who Il chosen by the neo
p.c, nominates the Judges OF the Supreme
court, and tue Senators who rcpresen Mt the
several states, confirm or reject such notnina-
uoh aS majority OF them may determine
Thus each state, great or small, in this Union.
has iair and equal voice in the selection of
these Judges who are 10 pass upon the acts of
Congress. These Judges are sworn To sup
port The Constitution; they can neither gain
nor lose by any judgment they may give they
[ u,
their salaries cannot be reduced during their
continuance III Office. What motive hay,
ines 10 violate the Constitution, OF To permit
. II 10 DC violated by others. They are citizen.
( "i tie several states every decision they
pass must operate upon their own rights a.
/ cNi<ehs ol the states, as well a. upon the
rights of AL other citizens OF all the states
ihey are removed - for as possible from all
blotiNc TO DO wrong, aud are under the bigb
. II obi
Bat the minority now reptdiaic this hi.i, ard
impartial tribunal; and what II the substitute.
they insist on for it, Their theory l., that
each separate Stale, great or small ~ this u
mon, shai JudS6 Of the ATTRACTIONS Of the Con
siItut!on Icy Congress, and shall act upon that
Judgment. Thus making an iniereaed party
a Judge Of his own cause.
/ Mr. Chairman, the great evil in all tho Eu-
roPean Governments, ancient and modern, ha,
uccn, that tic minority have ruled either by
fraud or force. The people of the United
States, as soon a. they had thrown of the To-
reign yoke, adopted as the fundamen tal prin.
ciplc, as the only RepUbhcan principle IN all
lheir Governments, that the MAJORITY should
ralo. This was considered "a cardinal, a sa
cred principle. The Only checks they deem
ed II proper TO impose upon the power of tho
majority, were written Constitution, and a
I judiciary Department, 10 keep the Iegisla-
AeiC ~ it4iAh ll4L uAsli. OF ihG lOAstftiltloU--
But the Eew-lisht RspuLiieaas now reject mi.
cardinal principle ith srorn. They denouuec
ihe Government OF the Ins ioriiy, even though
sustained by the Judiciary Department as a
ds'Poiism. II this he l;opubiicanisIo, confe,.
3 ] atn no Republican. Either the maiotit, ar
minority must rule, and leave Il To- the peo-
+ pie 10 determine which ought To rule.
III IS sad that the llws must be sustained
10y public opinion, and not by force What
f . pubic opinlon' Is II the opinion Of par
hcular ueighbOrboOd, Of a single county. or a
single state No General law can be passed
thai vii please every body; no GENERAL IaN
eau be passed by Congress that will please
every STATE 90 TIE mon I admit that mo-
ia" sh"ah be enforced which - odious 10 tha
majority oi those upon HON u is 90 operate.
IVA fact such law would and ought 90 be re-
pealed immediately. but II q ruinous pyipei-
pc T. aiirm that 10 Law shall he enforced
"hich - opposed by fsrcs. If we can dispense
with Tie enforcement of laws, &C can dis.
leuse W.ti thr laws themselves, and leave
men - govern themselves "a thrif osu w.,
We all know that thi. viii net do IN tie nrs.
scot condition OF malkiLd. When the Mile.
ihum CONES. Il may do, bat not until u.en.
seems 10 be unprecedented by some. that
tnc PRESIDENT y going o. p,cgruH outh Caro-
l"a, nnd make conquest Of her. Sir. II Eo
"puig' hc dare not IT. has merely declaF-
ed he wtl execute the lhas. This q D. his
duty 10 10 under tbo solemn sanction Of has
oath. The people of South Carolina are now
as free and re- safe from aggression ~ Ne are
" thry -H ppIo-C with torce the execution
oi thc law. of 0l Union, tbcy Eiusi take tl.o
Consequence 40 they submit 10 the las
h.eh % b. the.f duty 10 On. al will be vel
! thfI vote iot tho .ubsiituio II Tie xeuft,
ioan irom apqYier. - b. not specific AND
decided enough % rac, ~ ~ the sv,aio.,
ard 'our'e ol virgins 30 this cr,,i. but n
gives lc'' tneotst 4LcmcDt ~ s0uth .toIirs
tian re Report o. Ge Committee az 81 ,,ui
ticrcfJr peter t
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