Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-10-06

7
>, The people o. the states ,,-,,. I,
,i,p General Government over The people ana ti'e
states but of the Federal Judiciary over INC ot"er ac
nor,mcnts of the General Government.
We, there is obviously nothing III the 1"nst''n',p
t;nh ,mpLcs a superiority Of any one branch OF tne
cn.-ol government the other two. nat ihSt.u
t las;g,ed hat The ordinate branches "' lht w.
he'. v -, sn,,d he conal and independent OF cach
-, - ;,b;n their respective spheres. Gut me a'e"
an, n,,ch invests the Federal judges WIN hh"i "u
,h,r,x 10 decide what laws are valid ana "Ha' nv
,La, Laws The Federal Judiciary may repeal ana ",ia
not: what laws the Legislature may e""s' 49," ts
~, and wha, laws the Executive may execute ",'nt
nv" ny TaJorol Judiciary supreme n'table ana de
spotc. os Democratic scho-
lar in his dav, says: 1.-The Constitution
~ ,Lo rr.nt branches Of the Government Siiond pe
Wv rs;n,,e and independent OF each other. As 20
80, therefore which 10 be done ny eltier' u nus
rven no control to another branch
WHEN different branches have to act IN ,ie'f
,;a lines finally and without appeal, under any a"'
Ia, ,,v give to it different and opposite construc
NV. M r. !, the case Of William Smith, the lionsr
- p -r.cnt,yes determined he wasa citizen: ana IN
,ha case OF William Duane (precisciy inc same IN eve
- material crcnmstance) the judges ue'efm'hcu "
e. 40 citizen In the cases of Calender ana DINERS,
a., ;5as determined the scdItion act was valid under
"a. J"7,,,on ard exercised their regular power OF
| ,,o,cur them TO fine and imprisonment Out lhe
u,,vc determined that the sedItron act was nnii'-
- under the Constitution, ana exercised ms 'csuiui
ornr Of prohibiting the execution OF the sentence
r., those different constructions OF the Snme act oy
different branches, less mischief arises than from giving
;, ,ny one OF them control over the others. oh lh's
construction have hitherto acted on tins shall ever
| oci aud maintain il with the powers Of the Govern
mont aoainst auv control which may be attempted oy
,ho ;uduss in subversion of the independence OF t'
4 rxccn,iye and LEGISLATURE within their peculiar de.
partmentS.
L., il be always remembered that the cSpos'ons OF
the Federal Judiciary have tended to enlarge ana !"
consolidate the powers of the Government, ana nave
been often carried into execution by compulsory ioe'
AGAINST the public WILL and then the magnitude and me
dancer Of Judicial pre,ension to supreme authority
will be better felt and understood-a pretensIon when
! is neither maintained nor asserted even IN EhGiaho,
where the rninon of the Crown Is often dscerhta
through the robes of the Judge "Ihe OPINION OF tie
Ind r nd the law says the learned and conrty Black
stone "are not convertible terms or one and the
same thing since the Judge himself may mistake The
| law. =,
IS no President can make 4 Constitution, or Justify
departure from It, so neither can lie federa 1u"
rary control the other departments OF the Govern
| mon, the iodeperdcnce of the nation and the s"ve
rcisnty ofthe States Fiji could those who feed then
inherent love Of liberty the success OF the American
example would be forced 10 turn their eyes from
soil where no verdurc could continue, ana no sofia
~ plant could strive. -
Geprecatc the thought that these doctrines OF Mr.
! Webster however extoed BY General Harrison, can
ever be satisfactory to the people OF the United states
| for they annhilate the Constitutions; enable Congress
to proclaim the political death OF the sovereign STATES
the President ratiiy the proclamation; the Fedora
cour TO make distribution of the estate, and to adudge
the departments of the Federal Government 10 be the
| rnhtiul heirs ut law.
They rive indeed TO the Federal Government the be
nef 81 that old English tenure called B0r0uga En@ttE
which allows the Youngest member OF the family 10 take
/ absolute possession OF the whole inheritance
You cannot be nnmndiul of the painful experiments
which these monstrouS Arguments OF Mr. Webster ena
blcd his Federal ioreiathcrs to practise on our deaes
constitutional rights
| A mad, yenal and tyrannical Congress passed the
Alien and SedittJn Laws, to manaclc the freedom OF
spccch of conscience, and the press President pre-
| sided who approved those laws, and signed them with
delight; while Federal Judiciary pronounced then
valid and armed them with the ,rrrofS of crni'no
justice.
All The departments of the Federal Government, act
nr IN concert and combination to strengthen and per
peuatc their sway gave TO public justice cruel anc
irocius countcnanCe, and imposed ineS ana Impison
ment on each patriotic who dared To vnd cate u.
public Freedom and brave the tyranny Of those arbitrary
measures.
To counteract these alarming enc!oachmcnis on ou
constitutional rights, State Legislatures nterposed, ant
passed laws to protect our citizens ir1m the crIha
nrocrss that was often awarded 10 carry into execution
Le arbitrary nj which the Federal tribunals haC
rendered to vIndicate the Alien and Scditton Laws
tardy Is nitifiiatcIe stite EXIT wNfr Fst Hes5'i
Congress- after the lapse OF more than forty years tina
BODY restored to the heirs of Matthew Lyon the lin,
which Federal vengeance had imposed on him for
dsobcd!2nce to these arbitrary and uncCnsttntiona
statutes
If the advocates Of those public principles which
Mr. Webster avowed in the speeches referred to,
to propagate and to give them practical effect they
world prove themselves the most eiieclua destroyer
of human hopeS and expectations that any aye has
produced. They would stand up 10 proclaim, III tone
that would pierce the OF halt tie human race tina
the last great experiment of Representative Govern
ment had failed They would send forth sounds, a
the heayinG of which the doctrine of the Divine RICH
of Kings would feel in its grave returning sen
sation Of vitality and resurrection.
The reckless anxiety which Mr.. Webster in privat,
discourse and political harangues, every where evince
for the of Harrison: the warm, unbounded ad
mration which Harrison cherishes for this mighty
champion the Federal cause and the belief, which u
rife and universal, that Webster Will be the Secretary
of State if Harrison is made the President should opeI
Tie ewes Of every rational man who honestly prefer:
the Democratic 10 the Federal creed
IT, after all the clear, connected, rcuabl evidence
to which! have referred, any should carefully Pc
ruse it, and still persist that Harrison Fcderast
bu Republican of the Ieitrsonan school, his prcju
dice must be stronger than his understanding, and HI
hypocrisy stronger than both.
WHGGERI.
Wba. causes the wonderful union between the Abo
"a, md. thorn