Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1834-10-09
ASAppEILATE TRIBUNAL.

y
A correspondent of the Salisbury N. g. Watch
man. commenting on the great importance 10 the
Unlon of these States of some appellate tn
buna, to settle questions of constitutional law,
10 which slate may be party III a p"aeeable
unl satisfactory mpnner, sketches the following
pon, which he says he intends To submit 10 the
consideration Of Congress al the ensuing season;
In case thu. my state in the tnion, either by
the Legislature thereof or by Convention chosen
by tho people of The same, shall solcmnly declare
their belief that any act Which 10 OF may be passed
by both Houses Of Congress and approved by the
President Of The Uade1 States, is unconstitutional,
tina, the SAID State 10y thcir said Legislature or
Convention, shall make up case containing tho
grounds of their belief OF the uneonsNsnuonany,
and lay il before the Supreme Coalt OF the United
Saes which said Court Shall Set he same for
hearing, upon The Argument Docket al the next
Term and gave notice IN the presiding Justice et
the highest Court OF euch State TO attend the Su
premo Court oflhe United States the day mp.
pointed for the Argument thereof, which Cour! (for
the rial of the made up shall be composed
of The Chief Justice & Associate Judges OF sad Su
premc Court Of the u. States together w.h The
said presiding Judge on Chiel Justice oftho high.
csl Court of tach STATE or majority Of them
whase) decision, whcn made, shall b. hna' aud tina
thereby, any ding IN the constitution or laws Ct
any State, 20 she contrary notwithstanding.
Whatever difference Of opinion may exist as 10
he present existence OF tribunal Of The character
| above described no one we presume, can douo'
the importance ofslc sn arGitGr. Ii Is, " c arc u
wato the fashion Of those who speak CT the States
Il sovereign powers, 10 'ay i, down as an ak
ION that the nature OF sovereignty IS incompatible
with the idea OF superior authority, vested IN any
tribunal. But we presume that State which has
dvcsted herself Of the sovereign power OF max king
war and peace, coming money, &c. may hkewIst
aIonate the sovereign power of judging when and
to what extent her ri hs have been nringed and OF
the nature of the remedy which that Infringement
calls for. We can see no greater absurdity in the
| latter than IN The former proposition Ii u State
may dlsrobe itself OF one portion Of lis sovereignty,
| we cannot elcsge why II may not of another
For our own pats, we have 10 more uoub, that
the trainers of the federal constitution designed TO
vest the power 10 decide on The constitutionalty OF
III laws, in the Judicial branch of the general rnv-
ernm mt than have that The fram-rs of the Sc,
raj state constitutions intended TO confer like pow
IN relation TO the acts of the local legisa on
he state udlcIarIes. The analogy between the
federal and state governments, mi ,aded to be pet
feet, IN It's essential char acierlscs would else taiI
IN vital teature-to say nothing Of the folly OF
building, at great pains and cosl, stupendous fab
rIc, IN The VAIN hope that II wouil endure forever,
without ccmentiag It's various and complicated
parts.
But, others think differently. They imagine ca
ses IN which danger 10 the rights OF the states
might be app ehended, u such vast and important
trust were confded to the federal ludciarv-and
hey hence by strange logic, infer that that trust
was never SO coufded. IT, however, The doctrine
asserted by the Virginia Legislature in 1909
when The federal government became cnlbIo.led
|ah i11nnnsyIvonlo, in the celebrated case of Ohm
stead, IS now 10 be reversed it certainly behooyes
all who deem the Union of my value to provide
some safe and satisfactory substitute for the Su-
preme Court 1t were idle to hope that the Union
can endure /! each State is to be the sole Judge in
lis own case, OF the consltut!onality of the laws G.
nacted by the general government, and of tie rem.
edes - which may resort eyude or utility them
''h such a principle, our confederation is mere
rope OF sand, which must in time be sunjered bv
the waves of faction. And as we know ofno ne
rod which vii! probably be more suspicious than
Inc present tor determining the great qacston.
whether an ultimate arbcf for the decision of dis.
putes between the federal and state governments
shaH be established, and if yea, of what material,
II small be constituted we should be clad 10 see thu
question discussed by the able minds which are ac
customed TO reflect light upon the great noIiueaI
questions OF The day. None, we are sure. chb}Ien
gos more sober investigations, and demands great.
eli share Of talent