Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-09-02

shall power of remova be vesieddangero in any
handel Shall IT be vested in any branch Of the Legisis
ure, aud thereby accumulate all the hands
contrary to the first principles OF Republican Govern
meni. Shall IL be vested in the Judeiary' You Will
thereby make the person boil, judge and execuone
Who can redress the wrong eommtisd, aud punish the
wrong by removing him from his oiice-You will
convert the Impartial Judge into yrant and oppresor
who will study more the punishment OF the oheuder than
the removal Of the offence Besides, there will always be
much negligence and maieasance in office, amount
ing TO any thing criminal, mpeachable OF which the
courts take cognz nce, aud they would
uiy removal from Office IL plain, eiore that the
faithful execution oil the laws this now.
or to be vested somewhere; and into what hands il
be more appropriately trusted than in those OF the Execu
tive, whose duty it is, 10 see that The laos faithfully
erecmed7 This dangerous, though necessary power was
intended to be exercised in an arbitrary manner
and ought 10 be made subsetve the purposes OF
vnlic've feeling Public sentiment should always frown
on It's exercise unless there evidently the part of the
officer want OF capacity, honesty fidelity the
Constitution.
s. The power of appointing and of removing from Of
nee The mutudes haare necessary execute the laws
OF this Union coners the Senate aud the Executive
patronage truly dangerous the morals and Integrity of
the people The immense herd OF office -hunters-the cor
upted state oil the press and the corrupbe character OF
public men, alarming evidences that this insdous pow
er has already done its work in producing degenerate
age; where the fountains of knowledge corrupted in
their sources and the patriotism oil eminent lon
ger to be implicitly trusted To check this spreading aud
progressive evil, all temptations from the line Of
duty should be removed from the way the
the press, aud members of Congress The latter especially
should be forbidden 10 accept any Office Of profit
lunent in the gilt of the Federal Government From this
prohibition ought 10 be excepted the heads Of the Execu
Offices and the embassies to foreign courts; which
situations require knowledge and experience only
be found among the active Statesmen OF the day But all
offices which desirable only pecuniay reward Tor
political services, should be strictly prohibited.
o. In free country, il is the duty of the People TO
watch all their Officers. The Chief Magistrate
should become peculiarly the object of their jealous vsi
lance, account Of the greater power with which he
invesed The President OF the United States, checked
as he is by the Senate and the House OF Representatives
and the laws they have passed for his guidance aud the
ing, armed with powers which, greatly inferior as they
may be those OF British monarch, are nevertheless
very extensive and therefore susceptible OF great abuse
He is elected TO office for tour years. and in proper
ton Of five ofseven he has been elected ior
cond term. He is possessed OF the power oil nominating
to all the great offices under the Constitutions and Indirect
" OF appointing host of offices, which are indepen
dent OF all control by the Senate: He is endowed with
the power OF qualified Veto He is bound by his duty
10 recommend that he may deem conducive 10
the public good; but the very act Of dschargng this duty
carries with great influence public sene MT and
attaches great onsequence 10 his opinions. His Of
hce alone mparts considerable weight 10 his character
wishes, and his principles The result s that it
ali object OF great ambition 10 aspiring individuals,
consequently calculated 10 agate the country every
election The People, therefore, il TO themselves 10
watch all his acts with great circunspection scruiuze
their tendency with Freedom and discuss them the
liberal but unshIinkng spirit OF reemen Such is the
lesson which the history of every Republic mpresses up
Oh the American Peope-and which their annals
do not fail TO confirm Let Them be just and fear not
Sec. 4.-Ihe Judiciary.
l. 1.-THE Constitution and the kaws the United States
which shall be made in pursuance the eol-and all rea
ties made, which shall be made under the authority OF
the United States shall be the supreme law of The Land
and the Judges in every State shall be bound thereby
thing in The Constitution Laws any State the con-
trary Notwithstanding" people OF the Sta have
thus ordained and established the Constitution and the
Laws made in pursuance thereof, the supreme rule by
which all other Constitutions and Laws shall be reguat
and controlled But, question of vital importance
10 determine what tribunal shall interpret the true
ing OF the ConsIu ion, and ascertain tchefher the laos
hare been made in pursuance thereof: For, that tribunal
whatever il may be, is the supreme power.
hall
extend to all cases arising under this Constitutions the
Lawsoi the United States and treaties made be made
under Their authority This, sayshe old Federal Party
necessarily gives TO the Courts authority declare any act
OF Congress- article in State Constitutions or State
Law, which is inconsistent with the Cons tuition of the
United States, void. When question OF this kind arises
and S6HSE efNGc ss SSs TOR S
gwen no appeal from its cision To the Judicial o,oe
~ 0e0nSs whenever is judicislly before IT, to de-
"r"e 'ndf as ne supreme lao Of the land AID this
power In HE last resort, is vested, by the Constluon
III The Supreme Court OF the United States
" hen II is said that The Judicial Department is in
al questions submitted 10 il by the forms OF the Conu
ion to decide in The sort this resort mum pecessa,
DC deemed The last, in relation other Departments Of
e "oyeFhpen not in relation TO the tights OF the par
ues 10 the Constitutional compact, from which the Judi
" swell as the other Departments hold their dele gated
trusts On any other hypothesis, the delegation OF Judi
eai power would annul the authority deleg itng il; and
the concurrence OF this Department. with the Others in
usufped powers might subver forever and bevond tho
rescn OF any ghtiu remedy, the very Conslu-
uon ""ch Sll were instituted TO preserve. Moreover
mere are many questions Of policy and exoedencv
vital 10 their consequences, which, Legislative dscre
o alone eau decide, and from which, The Judicial nterpo
eo" ana conuoi are completely excluded IL is plain
hSeoe That the Supreme Court can afford no edectnai
Gsles 10 Federal Entertainments, being itself Of lie
departments most likely 10 commit usurpalion nor can il
aoh an adequate protection TO the Rights OF the Sfses
W"Icl' I'd her sovereign capacity, were parties TO the
CONSTITUTIONAL compact; because, these rights may be Sc
Housy Affected by the Legislative aud Executive DEPART
men when tie injury thus inflicted can ia no nosshIa
way be brought before the Court for decision and mus,
therefore, be without a remedy '
~ Is PLAIN principles says the Virginia Report of
O9-oOV mat where resort DC had TO no tribunal sumo
3r 10 ue authority OF the partes the parties them.
serves must be the righul judges in The last resort
wener the bargain made has been preserved or violated
nc CONSTITUTION OF The United States formed by the
sanction OF the States given by in its sovereign ca
Pscy me States being the parties to The constitutions,
compact "nd n their sovereign capacity il follows of ne
Tessly 'hal there can be tribunal above tb.
w odecde IN Tie last resort whether the compacr made
Wy mem De violated; and, consequently that as The mr.
"eS toH hey must themselves decide in the last resort
such questions as may be Of sufficient magude IN ,eo,
ahef interposilion. f'"'
D. This sound doctrine of the Virginia Legislature has
Deeh strangely perverted In the opinion OF some o nro
10 o"oW tIe virginia doctrines, the Constitution one
'd'ss as mere treaty, or Convention e States
e mas an obligatory orce upon State no longer
Us us pleasure, or lis consent continues; that each STAT.
@ rEn' 70 Judge Tor tseli, n relation the nature ex
eit ana obligations OF the instruments without ben ali
Dohnd ny Tie Interpretation OF the Federal Governnent
!" OY mar ~ any other State; that each has rioL 10
"u sc Tor Itself, az well OF inracons as oC The mode ami
'uSWeV FedTeSs; AID, consequently that each retains
Ia" power 70 "iihdfa" from the cOuiederacy and 10 die
oFe he connection, when such shall be s choice: NAV
Suspend The operations Of The Federal Government sn1
1uiiy its acts within its own territorial Joi,s ,sb
va ifs 0i0n opinion the exigency Of the case NAV ,ei
hhd tlia tlis decision OF State shall ousrats