Independent Democrat. [volume] (Canton, Miss.) 1842-1844, 1843-05-06

noi tie denied Il has clearly no authority
to bind them at all; and lis possession
would be incompatible with tie grand fea-
! ture Of coordination of powers provided
by the Constitution, AMI transform the
Legislature into a body of subordinate
funclonaries, sitting for the registry of
Judicial edicts. Accordingly, Mr.. JEFF
lerson, whose authority it is presumed will
hardly be disputed, declares, in Ielation to
the action OF the supreme Judiciary of the
Union as 10 the validity of the sedition law,
as follows:
You seem TO think 1t devolved on the
judges to decide on the validity of The Sc
dition law. But nothing in the Constitu.
ton has given them right TO decide for the
executive more than the executive 10 de-
eide Tor them. Both magistrates are
equally independent in the sphere Of action
assigned 10 them. The judges believing
the law constitutional, had right to pass
a sentence Of fine and Imprisonment; be-
cause the power was placed in their hands
by the constitution. But the executive,
believing the law TO be unconstitutional,
were bound to remit the execution off =
because that power has been confided TO
them by the constitution. That lnstru-
meut meant that It's co-orIinate branches
should be checks OH each other. But the
opinion which gives 10 the judges the right
to decide what laws are constitutional, and
what not, not only for themselves in their
own sphere Of action, but for the legisa-
tuic and executive also, in their spheres,
woad make the judiciary despotic
branch"
This was written in 1904. Again in
1907, after three years elaboration, he
thus expressed himself
In the case of Calqnla lar and others
the Judges determined The sedition act was
valid under the Constitution, and exer.
cised their regular power Of sentencing
them 10 fine and imprisonment BIT the
executive determined that the scli'ion act
was nullity under tho constitution, and
exercised his regular power Of prohibiting
the execution Of The sentence, or rather Of
executing the real law, which protected
the acts Of the defendant. From these
different constructions of the same act by
diIeront branches, less mischief arises,
than from giving TO any one OF thema con.
troll over the others"
Again, in 1919, when in private life, in
a letter ceIiberatelv written to the great re-
publican iurst, Judge Roane, written too,
expressly against the usurping course of
the Federal Judiciary, in deroGa'ion OF
State Sovereignty after fully sanctioning
al that Judge Roanc had published on the
subject, he cmphatcally declares TINT,
= each ofthc three depar'maa'S, has equal
~ the right 10 decide for itself waat is lis
duty unfcr The constitution, Without any re.
gard 10 wiat Others may hare decidcd for
Themselves M Ter n similar question. -
What woull the sage Of Monticello have
thought Of the position, that law nalr"tt!.y
unconstitutional, and ACKNOWLEDGED to be
so, ce9ll receive constitutional vitality and
/ binding force, both as TO the Coordinate
departments, and the whole sovereign peo-
pie, now, and forever, hy the sentence OF
the judiciary alone, at least SO far as to
make any attempt henceforth TO call 1t in
question, however oppressive in its opera.
ton, conduct in itself SO criminal as justly
to invoke the excavations of the civilized
world in all times ?"
cannot close this hasty address, with
out averring that, it is far from my desire
or intention to wound the feelings, or call
in question the motives of any of my
democratic brethren who happen not to
agree with me in opinion. Nor shall do
or say anything in future, designed TO have
that tendency or effect. On the contrary
it is my wish, as far as practicable, by
cllm reasoning, 10y afectionatc persuasion
by courteous cxpostuIation, both with those
whom may encounter in debate, and those
whom may have an opportunity of adj
dressing to win them over if possible, to
the cause of true justice and the consttu.
ton. And conclude, by declaring, that
whenever the Democrats of Mississippi
shall, in any satisfactory form, even by
convention or otherwise. designate can
didate more agreeable to them than my.
SELF shall not be in The way of their wish
es for single instant, Until they do so,
| shall prosecute the design herein declared
and have the honor 70 be, very respect
fully, your Democratic fellow citizen,
H. STUART FOOTE.
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