Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-07-19

This, felowcitisens, 10 the old monarchcal tenur,
called Borough English, which allows the youngest SON,
OF our federative sysem-the fnnctionarips and
servants of the people-under color of their own arb
trary proceedings to take away the whole of your poll
teal inheritance
You cannot be unmindful Of the bold experiments
which this mons,rous and tyrannous peenson enabled
the federalsts in former days. to practice your con-
stituiional liberties.
venal, inscriptions Congress passed The Alien and
Sedition Laws to manacle the freedom Of speech, Of
conscience and Of limb President presided who an
proved those laws, and signed them with triumphant ga.
tslaclion and deligh while the Fedora Judiciary pro.
nornced them vulid and armed them with the
criminal justice.
The Republicans, for a season, commended in vain
That The several Stale Legislatures possessed The power
denied TO the General Government, to punish Islander
and sedi,ion and 10 check and subdue the unbrdled
RIGHTEOUSNESS, that COMPOUNDED all virtue and vice: all
truth and fasehood; all allegiance and dsoyaly in one
common fate. 1t was idle all lnfurated power needed
moi the voice Oh constitute liberty. md under the
sanction OF this formidable combination among the va
rous departments of the General Government public
imposed her fine and Imprisonment each valiant man.
who nobly braved the tyranny Of these arbitrary inca
sues and sndcated the supremacy Of the national go.
~ and independence
dearest constitutional rights, State Legislatures inter
posed and passed their epactments protect our ct
gems from the penal process that often awarded 10
carry into execution the serve judgments which the
Federal tribunals had rendered 10 uphold the Alien and
Sedition Laws
IL the Federatve system be essential to the secure
and sautsry government Of nation SO ample and di
versi6ed as ours, Congress should relgiousy abstain
from every encroachen the sisters Of the confede
racy since these only safe and rghtful props
which Congressional authority must permanent rest.
To weaken and undermine the States gradually dis
solve the Conlederacy and Congress along with and
fhn opys ,lota
the States into single, unmitigaed despotism-in.
divisibe, compact and firm Yet il is remarkable that
nearly all the measureswhich have been proclaimed and
reprobated by the people arbitrary and unconstu-
tional, have originated in the Congress OF the United
States; where continual attempts have been made 10
pen precedent into usage and usage into binding law
This porentous developement in the popular branch Of
the Government confirms and sanclites The wisdom of
the sagacious statesmen, who continual dis
position IN the Federal authorities 10 extend their urls
dicon beyond the constitutional bounds, and who nobly
laboured in prophetic SPIRIT illustrate and 10
the reserved rights of the States.
Ii the several independent States have the constitu-
tionsl power incorporate banks greatly impars the
value Of their rights, for the General Government TO
exercise similar power and 10 put into operation great
institution 10 and TO impede fnot ultimately TO des
troy this great and reserved power of the States. When
Mr.. Bddle in the fulness of his power President
OF The United States Bank he openly declared his abb
lily crush the State Banks at his pleasure. IL the
States may not only righully incorporate Banks but
inhbit and punish The circulation of Bank paper within
theii respective limits, the power in the General Go
vernment TO illustrate this authority ought 10 De very
clear 10 justify the exercise Of H. 10 matter so import
ant TO The sovereignty of the States, the General Co.
vernment should refer to the Lex serpfa rather than 10
precedent and example-to conjecture and surmlse.
But should the Legislative body of the Union wander
beyond all constitutional mits and darngly seize.
frauduently sea or ignoranty ALLEVIATE your sacred
rights, could that justify subsequent Legislature in
q proceeding of the same character?
Il L. ttxo
BY Chief Magistrate Of the Union legallse and
protect the proceeding,
And if the Chief Magistrate be impotent 10 legnlse
and protect it, has the Federal Judiciary the consllu
tonal power TO do il:
There is nothing in the Constitution, which implies
superiority Of any branch of the General Govern
ment the other two. That instrument des'gned,
that the ordinate branches Of the Government should
be coequa and pendent of each other within their
respective spheres Bu. the argument which invests the
Federal Judges with the right TO decide what laws are
constitutional and valid and what not not only tor them
selves their sphere Of action but for the Legis
ative and Executive Also in their proper spheres, would
make the Judiciary iilimabIe despo,ic and supreme.
This argument in favor Of the arbitrary power OF The
Coui is not susiainable in Eng land, where The
hatlerer Of the Crown is often dscerncd through The
robes of The Judge 1.-THE opinion Of the Judge and The
law, (says the learned BLACKSTONE are not convertible
terms and the thing since the Judge himself
may mistake the law" And in this country, judicial
decisions have only been frequently and successfully
resisted the puotc but been often reversed,
by the very tribunals in which they had boon pro-
nounced.
In The case of Marbury against Madison, where the
Federal Court endeavors coerce commissions from me
President MIR Jefferson said The Constitution intend
ed that the three great branches Of the Government
should be coordinate and independent OF each
As 10 acts therefore which to be done by either
has given control TO another branch when dinsIeht
branches have to act in their respective mes
wi,bou, appeal uner any law, they may give to y d
rrent and opposite constructions. Thus IN the case OF
William Smith, the Honse Of personalities determined
he was citizen, and in the case OF VIM Duane, lPte
cisely the same in every material cHcums'anceD 'ne
Judges determined he citizen. ln Inc cases OF
Calendar and Others the Judges determined the seoi'nh
ac was valid under the Constitution, and exercised iheir
regular powers of sentencing them 10 hne ana
ment But the Executive determined that the Seoi'ion
act was nuly under the Constitution and exercised
his regular power Of prohibiting the execution OF Inc
sentence From these different constructions OF Inc
same act by different branches less mischei arises ah
from giving 10 any OF them contTo over Tue
On this construction have hitherto acteo; on TINS
shall ever act, and maintain il with the powers q the
Government against any control which may De alemPl
ed by the Judges subverson OF The independence OIL
Executive and Legislature, within their Pecuat oe
partments.
Whenever IL is asserted therefore, TO be the province
of the Judiciary af the IT, S declare and to settle Inc
meaning Of the Federal Constiiutlon let 1t De remem
bered that the exposons Of the Judiciary nave gene
ray inclined 10 enlarge and protect the arbitrary pro,
ceedpps of the Government, and have been carried
into immediate effect by compulsory force, even agans'
the public viii And then The magnitude OF lhe JUDI
cal pIelension 10 supreme control WIN oe oett.I
dered and more s,renuousy opposed by the advocates
of constitutional freedom, who canno. fail 10 perceive
the dangerous beresy which Above any branch OF .he
to become independent of The people ana
itself in opposition to The other t~o anu " -"
common sense and disposition Of the nation
No presidents, them can make Constitution OF JUS
,ify departure from it, And The judiciary cannot con-
s,ilu,ioEally bind the other two departments o. le
vernmep much less that national freedom ana Inue'
nendence which the Constitution has secured TO US an
If il could there had been end Of obi civil liberties
long ago. ,.a .,e.hb
StI the parasites who fat,en on incorporated wea"n,
and flourish on monopoes of every sort, SOLICIT me
ration TO renew and inygors,e the unconstitutional ano
disastrous connection between The Government ana .
National Bank And in the sanguine hope ana eSPec'
taon 10 effeciuate their object have brought n.o