The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1842-02-17

10. Ct in noic.
As TO the righ; to extend bankrupt law
beyond the trading class Of the community,
he cited Slory's Com. Goa. Is. Aud 10
show .ha, the power of Congress extended
TO the regulation Of all the relations between
Z debtor 10 falling circumstances aud his
creditors, he cited the same authority last
mentioned, IN noid.
But (said Mr.. B. am met by the sug.
gestion Of the Senator from South Carolina,
[ Mr.. Calhoun that these decisions are not
obligatory upon him; that the arguments
which they urge have been answered and
refuied by those 10 whom he has more con
iiience.
|, often happens (said M. B. that in
tue discussion of a suhlscl, some incidental
question arises greatly ;rsnsceadIng IN im-
poriancc the principal subject itself. We
have striking illustration Of this here
The question which IS presented 10 Us now
IS, what is the legitimate influence Of judi.
cial decisions upon the subsequent legisla.
tive consideration Of the question which has
been iudiclally decided II is Q question
vastly exceeding in Importance the question
Of the repeal Of the bankrupt law. The
stability Of our constitutional law depends
on its correct decision. Plausibly stated,
the proposition Of the Senator from South
Carolina is this That, ss Senator of the
U0ited States, called to exercise his legs
lative functions, the question whether pro.
posed law is conformab!e TO, o. conflicts
with, the Constitution, is one which must
DO decided according TO his own under
standing Of that instrument, and canno. be
controlled by the judgmen, Of any other
person. Such proposition results IN this
That the Interpretation of the Constitution,
by its own appoiated arti,er, is no, obliga.
tory upon any man who is called in the
discharge Of bis official duty 10 interpret
that instrument but that he is al liberty to
follow out implicitly the dictates of his Own
understanding, uncontrolled BY tha, decis-
ion.
Mr.. President, said Mr.. 8. protes,
against this proposition, as involving pc
litical heresy Of the most alarming charac.
vests judicial power in certain designated
tribunals, and declares that such power
shall extend 10 all cases 10 law and equity,
arising under that Constitution, the LAYS Of
the United States, and treaties made under
their authority. To the judicial power,
therefore, belongs, By the express provision
of the Constitution itself, in ell cases pro.
perly brought before IT, the right to inter
pref that instrumental decide what II
permits and what il forbIds: in fine, 10 de.
fermise phdt ii is. Each judicial decision,
SD made under the authority ofthe Constltu.
ton, becomes Incorporated ia and is par,
and parcel Of the instrument itself, eniarg.
ing, restraining, or modifying the original
text, according TO the legal lmpor, and ef.
feet Of such decision. iIe who dlsregards
it, whether he be legislator or executive Of.
iicer, disregards the Constitution itself, Of
which il is part, and contessedly Of higher
authority than the original text, ONCE, IN
all cases Of supposed conflict il controls that
text. The legislator who disregaras it may
do SO with imp0ui;y, because his motives
10 action are IN the recesses Of his own DO.
SON, or, if avowed, are beyond human con.
trol but the act Is recorded IN fore con
scientific, as violation Of the Constitution.
Sir, said Mr.. B., advancing years may
render me sensitive on this subject. | am
sensible of their Influence bu, am much
more sensible Of the in1ueace of consldera
lions connected with the relative position 10
this Coa.edeFacy of nv immediate constI,
uenis, Of the deep end abiding interest which
they have IN preserving IN IFS foil and whole
extent, 10 all It's original authority, and Wig
or, and efficiency, the constitutional pow.
er Of the Judicial Department. look
with wonder al any man, claiming to be an
advocate Of the rights Of the States, who
would seek to impair il. Why, SIR, it is
upon the very principle for which am
conlending that our Stale laws receive the
Interpretation which those who framed them
designed they should have, tina, the in,en,
lion Of our State Legislatures is carried
o1l, when these laws are brought into con.
tfoyersy 10 the Federal tribunals. The de.
ctsions Of State judges are considered 10
those tribunals as part and parcel Of the
laws which they are called to interpret, the
principle which MAINTAIN being equally
applicable 10 acts of ordinary legislation
and to the fundamental law. When a ques
tion arises there, upon the construction of a
State law, the judges Of those tribunals DO
not undertake TO iaierpre. II according to
their own understanding. The immediate
inquiry ia, what construction has been CIV.
en- 10 this Law by the State Judiciary, and
that construction is the rule Of inierpreta.
iion 10 the Federal tribunal.
A beautiful illustration Of the haJitual de.
ference paid by the highest Judicial trlbn
nal OF the Union TO the authority Of the
State judiciary, az the constitutional inter.
prefers Of the legislation Of the States. was
afforded by the late distinguished, and ven.
cradle, aud amented Chief Justice Of the
United States. II occurred while had
Inc honor TO be the counsel of the Govern.
meat. Shting 10 the circuit court of Yir.
gina, a, Richmond, he had pronounced
decision on a particular statute Of tina,