Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-05-31

JUdgInVNt could
bu, the parties to the suit 1t would repeal the
unconstitutional act; and nigh, furnish any com.
peusSton to the Individual injured. Seine agen, OF the
law makers in execution OF their orders, which d.
violation of the Constitution does me great injury
sue him The Court agrees with me, that the act was
lawleSs and Unauthorized. The jury ards of
anagcs TO me ms just compensation for the wrong have
sustained The Court gives me judgment against him
Tor that sum- But the agents insolvcnt runs away
aud cannot get the intended compensation. viii any
one say thaih Court cen compel those by whose orders
the wicked deed done, and whose authority Tor
directing it to be done, the suit brought, pay me?
Certainly may petition them To do So but if hev
reject petition, the OF the Judiciary impotent 10
obtain Tor the relief to which the Court itself has
said was enitledEven if the judgment proves efica-
cos IN my case that judgment cannot prevent the per.
petrahon oil similar outrage upon neighbour
the next day, under the usurped authority The
Judgment does not repeal the law, hut simply that
II constitutes defence 20 the defendant in the particular
brought before the Court by the parties then
therein 50 that until the Legislature will be graciosy
pleased to repeal their law, every Individual OF the State
may he compelled 10 go through the tedious and ex.
PehSve proceedings, and To incur the same hazards
IN order to obtain relief against OF the government
which has been already decided by tho supposed arber
TO be an Unauthorized usurpation Of lawe,s power
Now, what strange arbiter he be- whose decision
IN favor OF one OF the parties, binding obliga
nut" made against that party is OF no avail TO terminate
the sub ect OF difference
The next answer TO this objection this: Where case
in law equity is properly brought before the Court by
actual Suors, II ia the progress oil this suit il is found
involve question OF the discreet of no.
cal power conlesscdly granted the Judges themselves nc
knowledge that this question they are incompe,ent tn
decide but as to all such matter they bound rdre
per rer6a mdgsti and, TO say, Judges that whatever
is right although as Individuals every of them NAV
know 1t is notso While doubt exists, whether the poi.
cal power exercised granted the Court NAV give
m opinion upon the subject But let it be conceded
that the power has been granted by the Constitutions and
the Court then compelled to say, that it has nothing to
do with the question OF policy nor authorised TO ask
why such power has been cxered II Congress declare
although for the unrg hteous purpose for
which war ever was declared by the veriest yrant that
ava ali ana,t III
sanctions oil the law to all acts done contrary to the
wicked will OF the Legislature If The President and Sc
nate make Treaties sapping the very foundations of the
Constitution, the Judiciary cannot declare them void or
prevent Their execution 10y the Executive. Ii Congress
wantoniy levy duties and mposs for any purpose what
ever The Judicial power helpless afford relief They
cannot Doln the marching OF armies the sailing of fleets
the slaughter OF innocent men, tho levy of taxes, the
execution OF treaties Yet il is precisely in such cases
a' 'c inierposon OF the Sovereign parties the CO.
venih WILL probably, ever be necessary 1t is idle, them
To say that they may nterpOse even i'm these cases
least for the given. For the very foundation
the objection to such inerposion is that as there is
arber appointed decide the case the parties
may not rghluIy assume TO decide it, each for itself
he next answer 10 this objection is, that the evil com.
planned OF may he the act OF the Judiciary itself the en-
orcemen OF the Seon Law for example or the appli.
cation OF the Common Law of England criminal code
to the citizens OF the United States. Both these cases
nave occurred Here, IL would be monstros refer TO
ne Judiciary to decide whether the Judiciary itself had
Zone rish'; and yet The objection applies equally all
as - OF coordinate departments there exists reason
why more respect should be paid the of these
department. man TO those OF any other andii it is admit
cd that neither OF these departments is bound by the
act OF It's co'orinatc il would be strange indeed to saw
mat HE Sovereign of all bound by such an act Now
hc objection its I'll asserts that the Judiciary is not bound
ny The acts OF the Legislature of the Executive; and
no one, II Is believed will contend that either OF the
other depar menis is bound by the judgments of the
Judiciary, however obligatory these may be upon the
parties: speak not OF courtesy and respect, but Of
obligation merely. Should the judiciary declare an act
oil the Legislature void, such declaration as have
already sa' cannot repeal the law although may pre-
vent It's application 10 the particular sub jdice Con-
gress may establish other Courts or other Judges to exc
cute the law the President and Senate in execution
oil such laws, may appoint additional Judges of the Su-
preme Court, who may differ from their and
overruIe the past decision in the first that
comes before the Court. Nav the House of Representa-.
yves may lmpeach and the Senate condemn the Judges
Tor ms very decision given in violation Of the law enacted
ny Them do not mean 10 say, that any of these things
would be right: but when reasoning upon the case of
violated Constitution, have right TO suppose that all
legal means would be employed by the yolators, to
make then violation efectial and prove, that the
Judiciary cannot bind the Legislature. We have the a
horty oil the President himself saving that he feels
himself as much bound by his oath support the Consi-
mon, as any one else do and therefore if his agen.
cy is required, whether by The Legislature or the Judi.
eidry 10 do any act which he believes Unconstitutional
he VIII not be made TO sin against his own conscience and
10 violate his oath His par;iZans used TO censure
nm b tery Tor this assertion but yet he made one
more moral, legal, CONSTITUTE onal than it is This is
government oil concurring powers its departments are all
one oil tnem d.
recIon, without encounering its fellow, by whose con-
cuence alone may proceed in that way. OF all these
te Judiciary the weakest because il cam
not act until invited 10 do its sphere of action is very
limited, nor II do any positive act without the per.
mission oil tie Legislature and the cooperation OF the Ex
ecutve.
But lastly, the human mind conceive more auda.
cou propositions than that which suggests that in con,ro
yersy betwee the parties Covenant BY which Cove
nant an agent is created where the in dispute be-
tween the principals regards the authority exerted by the
agent the decision OF this controversy be referred to
the agent himself The very eXeron of the AUTHORITY by the
agent is decision that he believes he may rghiy do so
aud alter THIS is gravey proposed TO leave the matter
the ua arbamCnj of one who has already decided it, and
who has decided IT, too with the appreciation of the very
persons who propose such reference In transactions
between man and man, could hesitate what name to
bcsow upon such propositions: but where the Sovereign
ty OF the StaqS and the freedom Of heir people con
cerned, gross fraud is metanorphosed into political
theory only Nor will the case be changed materially
the nominated arbier has yet decded tile ouestion
provided that abiter be the Supreme Court This arber
is not even given by lot IL is appointed by the supposed
wrong dOer paid by him, accountable 10 him, subject al
any moment to be punished and cashered by him and
ibis TOO for giving tie very decision its conscience might
prompt Thus, matters which would constitute valid and
legal objections TO witnesses TO Jurors and the Judges
themselves in the most irng controversy between man
and to be overlooked and gaded in the sup
port Of theory, which seeks constitute the Fede-
raj Government the sole Judge of its own power.
have great respect for the Judiciary of every country
but lawyer or historian tell in what age or in what
country, the Judiciary have been able even where
II willing, TO protect the rights OF the people against
the HsurpaiOns oil government England has long been
blessed with Judiciary, composed OF men, whose intel.
lgencF, whose integrity, and whose rmness, would not
suffer in comparison with that Of any others who
have been earth But when or
who of these Judges have ever been able to save the
privileges OF the people from the prerogatves of the