Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-04-02

Government must have a judicial power co-extensive
with its legislative power' Certainly, there is only this
reason, viz: that the laws may receive uniform %iuterpre-
tat'on. and a uniform execution. This object can be no
otherwise attained. A statute is what i It's judiciously in
terPreted to be; and il il he construed one way in New
Hampshire, and another way in Georgia, there il 40 uni
form law.
One Supreme Court, with appellate AMI final jnrislic-
ton, is the natural aud only adequate meaus, in amy Co
vsrnment, to secure this uniformity The convention saw
all this clearly; and the resolution which ! h've quoted,
never afterwards rescinded, passed through various mn. iii
cations, till it finally received Ike form which the A. iclc
now wears in the con 'tituion. Its unleniably true, then,
that the trainers OF the constitution Intended to create a
national ia lici,i power, which should he prr,nanrn NJ, on
national SUBJECTS. Aud, after the constitution was trained,
aud while the country MAS engaged in diScu ssipg is
merits. one OF its most distinguished advocates, MIR. Ma
Olson told the pc ,ple that il tcds true thGt, ia cOntroper
sizes retd:iag to the boundary Leticeen the ton juTisdic,
tons, The tribunal tchich is ultimately 10 decide IS 10
be established under the General Government Mr..
Martin, who had been a member OF the convention, as
serted the same thing to the Legislature OF Maryland,
and urged it as a reason for rejecting the constitution.
MIR. Pinckney, himself also a leading member of the
convention, declared it to the people Of South Carolina.
Every where il was admitted, by friends and foes, tbs,
this power was in the constitution. BY some il was
thought dangerous, by most 1t was thought necessary; but,
by all, II was agreed 10 be a power actually contained in
the Instrument. The convention saw the absolute ncces-
sity OF some control in the National Government over
State laws. Different modes OF establishing this control
were suggested and con ilcIed. Atone time it was pro-
posed that the laws OF the States should, FROM lime TO tine
be laid before Congress, and that Congress should possess
a negative over them. But this WIS thought incxpedi-
ent and ins'lmi'sible; and in its place, and expressly as a
NN'NNN ~ ~ wv NN'sNhfG '" ~ ~ =
that Is to say, a provision by which, the Federal Courts
should have authority to override such State laws rs might
be In manifest cohtrdven,ion of the constitution. Tho
writer's Of the Fcderaist, in explaining the constitution
while 1t was yet pending before the people, and still una.
dopted, give this account OF the matter in terms, and as.
sign this eaSon Tor the article as il now stands. BY this
provision Congress escaped from the revision of ate laws.
lctt the whole sphere oil State Legislation quite untouched,
and yet obtained a security against any Infringement OF
the constitutional, power of the General Government. In
deed, sir, allow me 10 ask again, it the national judiciary
was not TO exercise a poyrr Of r vi,io, an cnn.ii,u,ioni
nungInn Ovnr fha alt.nl.r III Iha GI.t.. IL
any national Judicaturc erected AZ aNa Can any inan give
asensible reason for having a Judicial power in this Co
vernment, unless tt he for the sake Of maintaining = uni
formty ot decision, on questions arising under the ronsti-
tuition and laws of Congress, aud cusurine its execution !
And does not this very idea of uniformity necessarily im-
ply that the construction given by the national courts il TO
bo the prevailing co instructions? How else, sir, is it % ,ssi.
bic that uniformity can be preserved?
Gentlemen appear TO me, sir, to look at but one side oi
the question. They regard only tho supposed danger OF
trusting a Government with the Interpretation Of ito owu
powers. But will they view the question ia its other a.
pcct; Will they show us how il is possible for 4 Govern
ment to get along with four AMI twenty interpreters of it's
laws and powers? Gtntlemes argue, to-, as if, in these
cases, the Stale would be always right, AMI the Govern
ment always wrong. Bii, suppose the reverse: suppose,
the State wrong, AMI, since they differ, some of Them
must be wrong, arc the most important aud essential opc-
rauons OF the Government TO be embarrassed and arrest
ed, because ono State holds a contrary opinion: Mr. Pro.
slden', every arEum>nt which refers the consitltipnalty
of acts of Congress to State decision, appeals from the ma.
jority to the minority; it appeals from the common intercs,
v TO a particular interest; from the councils of all To the coun-
Gil Of one; AMI enicavors to supcrceJe tho inIpncnt of tho
whole by the judgment OF a part.
l think IL is clear. sir, that the Constitution, BY express
provision, by definite AMI une luivocal words, az well a.
by necessary implication, has con siiutel the Supreme
Court OF the United S ates the appellate tribun Il in all ca.
sos OF a con'ti'u'ional nature which assume the shape OF a
suit, ia law or oqriy And think cannot do better
than TO leave his part of The su ,ject by reading the re.
mark made upon it by Mr. Ellsworth, in the Convention
OF Connecticut; gentleman. sir, who has lett behind him
on the records OF the Government of his country, proofs o.
the clearest Intelligence and OF the deepes, sagaci,y, a.
we'll az OF tn; utmost purity aud integrity of character
"This Constitution" says he, "drhnes the extent OF the
powers OF thu General Government. II the General lie.
di.iIi,FS sh2nll AZ anv ii,ra ou"rIasP tneir IImits,. tho in.
So ueParuhent Is a constitutional check. II the Unite,
yyH'9s 90 beyond their powers; il they make a law which
ve Cohsutution does not authorize. it is void: aud III. ,;u,
nmln'ts' II they make a law which is an usurpaIion upor
We General GoYerAmsni, the ldS il void, and uprSbt. in.
dependent judge, will declare il to bs So > "
And.et me Only all, sir, that, in the very first session o
Tue hrst Congress, with all these well known objects. bntl
"a convention and the people, fun AMI fresh in hi,
ni"u' MT Ellsworth reported the bill, "a il rener,Ilv nm
ueTseood, for the organization Of The judicial department,
and IN that bill, made provision for the exercise of mi. am
pe''s'e power OF the Supreme Court, in all the proper c,scs
~ whatsoever court arising; aud that tli. appellate po,y,,
a now oeen exercised Tor m,re than forty years, without
interruption, and without doubt. ~
(TO be continued