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

opinion 10 that OF the cour, OF appeals Of
Virginia. He might have claimed the
right to determine the construction of the
statute which was 10 controversy according
to has ora understanding 1T. And when
a {, 1ns,Ion Of the construction OF the Con.
stituilon arises in this Chamber, or is pre-
senied 10 40 Executive officer, of whatever
rank, notwithstanding that construction has
been settled by the arbiter which the Con.
stituiion Itself has appoiaied-resardless of
this constitutional arbitrament, may say,
the Senator from South Carolina may say,
that Executive officer may say, we will
exercise the right Of deciding that question
according to cur understanding Of 1t. Blu,
when We SO say, SIR, we speak not in the
language or in the spirit OF the Constitution,
but in the spirit land why, then, should we
no; adopt the language p of the Roman
EUperor-Sic yolo, SIC JubeO, stet pro ra.
tione, roluniasi ~
Mr. BERG!EN said The recen, decision OF
the Supreme Cour, in the case Of GroreS
and Slaughter, or rather the opinions ex.
pressed by some Of the Judges in that case,
would illustrate the position for which he
was con,endius, that a decision Of that
Court on question OF constitutional Law
became Itself part Of the Constitution. The
question whether he power of Congress
ito regulate commerce among the several
States" authorized the Inhibition of the
slsye.trsde between those States was dis.
cussed at large IN tina; case, and With great
ability. Its determination was not ueces.
sary TO the decision of the case, ald Il was
not therefore decided. Sons of the judy
es, however, expressed their opinions upon
it. | suppose, for tho purpose Of the Illus
,rallon which am DESTROYS of making, and
to show the Importance TO Southern inter.
ests of the proposition for which am con.
tending, that it bad formed part Of the issue,
and had been decided conformity to the
intImations given from the Bench that the
Supreme Court had decided that the power
of Congress to regulate commerce among
the States" did not authorize that body 10
prohibit the traffic in slaves between those
States. Ny proposition is, that such decls
ion would have become part of the Coustl.
tution, Of equal force with its original pro
visions that TO Judge, no legislator, no
Executive officer, woald have been at Iiber.
ty to disregard it; that thereafter the text
Of the Constitution would have read thus
Congress shall have power ito regulate
commerce with foreign nations and among
the several States, aud with the Indian
,ribes;" but this power shall no, extend to
authorize the prohibition by Congress OF
the traffic in slaves between the SAID States.
And what Southern man, with all the force
Of his intellect, and all the lervor of his
patriotism, would not have asserted the
binding authority at all times, and upon all
persons, of this Judicial supplement TO the
original text of the Cons,i,utioul trust,
then, sir, said Mr.. g., the law which we
are considering will not be deprived Of the
support and confirmation which il is entitled
to receive from The judicial decision which
have adduced to sustain ii.
MIR. B. here gave way TO a motion to
proceed to the consideration of Executive
business.