Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1833-04-11

10y go 49, - .se.
constsae. Or ol tire constitution. the Judicial power
p the United States extends II II. IL teaches the
cass ise eatafs.n IL attaches the power ofthe IA
tiona, lud ,sfnre 10 the itself whatever court
il may atse or eyis, and in this the Supreme
Court has appellate jurisdiction oyer al courts
whatever. No language could rfo, dc Wlih nIare
effect snd precision; than is here done feg sut,lee-
ting constitutional questions 10 the ultimate deel=
sion of,he Sapreme Court Aud, sr, TINS eA-
nctly what thu convention found il necessary =
provide for, and intended TO provide FER. lie taa
exactly VIA, the people were universally told ~
done " hen they adopted tho constitution. une #
the first resolutions adopted l. the convention
was in these worls, VIZ that the iarls lr,trn II
The NATIONAL julie AIRY Shsli extend 10 caS @li 6
resnne, fAt colo fen - he Rational HtrCat', a.
questions which involve the national pcdco and
harmony Now SIR 'hs other had uo sensible
meaning at all ~ csc Il meant that lh, tu, 5dctior
of the national Judiciary shoa.d extend to ihese
questions sita q ,'ay4niaaHi aattafig. il IS ut
10 DC supposed that tho convention intended lhhl
the power OF the national Judiciary should extend
10 these questions and that the li1ieaurcs of the
States should also extend to them nth equal pfet1
Of andi Decision THIS would he 10 deioa, tho whole
object of the provision There were thirteen u
dicatures already IN existence. The evil complain
ed Of OF the danger to be guarded against, wns
contradiction anil repugnaune IN tho DECISIONS OF
these iudicstures. 1.-THE trainers OF the consiiin-
ton meant to create fourteenth, aid yet not 10
rive II mower 10 revise and control the decisions OF
the existing thirteen, then they only intended TO
augment the existing evil and the nPprehehded
danger by increasing, still further, The cNancHs OF
d,scordan, Judgments Why SIR has II become
a settled AXIOM IN politics, tina, every Government
must have lndieinl power eo=ex,ensVc with ITS
2 here l..
renson, 81 ina, the laws may receive uniform
Interpretation and uniform execution. Ihis OBJ
& can be no otherwise attained. A statute 9 what
II iudciay interpreted 10 b., md fit be constnl.
"a one way IN New Hampshire, and another way
IN Georei ia, there is no uniform law. One Supreme
Court with appellate and final jurisdiction, is the
natural and only adequate means, N any Govern
mont, TO secure this uniformity Tho convention
saw all ths clearly and tho resolution which
have quoted never afterwards rescinded, pnssed
through various notifications I'll II finally reccv-
ed Tic form which the article wears IN the con
sti,ution. Its undcnably true. then, that the fra
mers OF ths constu ion INTENDED Ia create a nation
al judicial power, whic, should be paramount,
national subjects And afer the constitution Wa
framed, and lille the whole county was engaged
in f.cussias Il merits one of most distinguish
ol sdyoea,as Nit MaJison) told the people that
it was true tat IN controversies relating 10 Ac
bgRrddfb bf'istcp tht tico Jurisdictions, he trbu
mai iohih h44aiciy 10 decide Is 10 be cadbit'icd
anlcs t.e olasfll Gopernmtut MI. Mmun, Who
had been Hs,nber OF the convention asserted the
same thins 10 he Legislature of Marylaud mud
urged Il as 4 reason iot rejecting the constitution
MI. pHekney himself also n leading member Of
the convention, declared II TO the people of South
Carolina Every where, II was admitted, by
friends and foes, that this power in the consil
tuition. BY somc IT was thought dangerous,
by NEST II MAS thought necessary; but by
MI il was agreed TO hc power actually contained
IN the instrument. The convention saw the abso-
lu,c necessity Of some cUto in the National Go
ycMment Oyer State laws. Different modes Of es
taOhsAag this control were suggested and conside-
cd. At one time II was proposed That the laws ol
the States Should, from time 10 ume, be laid before
Congress and that Congress should possess a ne-
gaive over them. But this was Thought mcXpcdient
and inadnisslble and IN its pnre & cxI SLY rs
substitute for It, Che existing provision was INTO
duccd; that IS 10 say, provision by which the
Federal Courts should have authority to override
such State laws might be III manifest con,rnven-
lion ofthe Constitution. The writer's OF the Fede
rallst, in explaining the constitution, while it was
yet pending before the people, and still unaaopted
give this account OF tho matter IN terms, and ms
sign THE -nnsqn ,ur the article as II now stands
by this provision Congress escaped from the n.
cosslty Of any revision OF State laws left the who'll
sphere OF State legislation quite untouched and
yet obtaneda security against any Infringement Of
the constitutional poscr Of the General Govern
ment. Indeed, sir, allow me 10 nsk again If the
naora judiciary not 10 exercise power of
revision, on constitutional questions over the Judi
catures Of The States why was any national Judi.
cature erected al all Can any man eivca sensible
reason for having Judicial power in this Govern
meni, unless II Ne for the sake Of malnta,Hno a u.
iiormiiy Of decision, on questions arising under
the const uton aud laws of Congress aud insur
ing lis execution And does not ta,s very idea of
uniformity necessarily imply hat thr construction
gwen by the national courts Is to be the prevailing
construction How else, sir, IS II possible that II.
ncemts can be preserved
Tobe concluded IN car ncrtl