The Arkansas banner., 1845-11-19

=-saassss@ss sss 2 a..s ss .sii aiitalons, as well as a plain denial Of thc fundamental principle on witch our inje- pendeuce ilsali was declared
 Bal itis objected, AAat the Judicial author lty IS to be regarded as thc sole expositor oi tue constitution, n tie last resort; aAd t may be asked for what reason the declara- ton by the General assembly, supposiug il to De theoretically true, could be required at tsie present day, aad in so solemn U man. ner.
 On this objection, t might be observed, .frst: that there may be instances of usurped power, which the forms of the constitution would never draw within the control of the Judicial department: secondly, that if the de- cision of the Judiciary be raised above the authority of the sovereign parties to the con stituton, the decisions ol the other depart menis, not carried by the forms of the con stimtion before the Judiciary, must be equal iy authoritative and final with the decisions of the department
 But the proper answer To the objection is, that the resolution of the General Assembly relates 10 those great and 'extraordinarv cases in which all the forms of the constitution may prove intellectual against elfaciions dan geeous to the essential rights of the parties to t. The re-olution suPposes that danger ous powers, not delegated, may not only be usuIped and executed by the other depart meats, but that the Judicial department also may exercise or sanction dangerous powers. beyond the grant ot the constitution and. consequently, that the ultimate right of the parties to the constitution 10 judge whether the compact has been dangerously violated must extend to violations by one delegated authority; as we'll as by another; by the Judiciary, as well as by the Executive or thc Legislature.
 However true, therefore, it may be that inc Judicial department is, in all ques,icns submitted to t by the forms of the consti- tuition, to decide in the last resort, this resort must necessarily be deemed the last n rela- ten to the authorities of the other depart ments ol the .GoYernment not in relation to the rights oi the parties 10 the constitutional compact, from which the Judicial as well as the other departments, hold their delegated trusts. On any other hypothesis, the dele gatien of jadieial power would annul the authority delegating i; and the concurrence of this department utA the others in usWRed powers, might suhyeit forever, and beyond the possible reach of any rightful remedy the very Constitution which all were iasii. tlted to preserve.
 The truth declared in the resolution being established, the expediency of making the declaration at tbe present day may safely Dc Jeff to the temperate consideration and can. did judgment of the American public. | will be remembered, that a Grequcnt reeur- renee to fundamental principles is solemaly enjoined by most of the State Constitutions and particularly by cur own, as a necessary safeguard against the danger of degeneracy to which Republic are liable, as well as oth. CT Governments, though in less degree tlar others. And fair eofapafisen 3r the DO llteal doctrines not unirequent al the pres ent day, with those which characterized the epoch of our Revolution, and which form the basis of our republican constitutions will best determine whether the declarator, recurrence h re made to those principles ought to be viewed IS unreasonable and i'm. proper, or yigilant discharge of an impor. tant duty. The authority of constitution, over governments, and of the sovereignty o the people over consultations are truths whicl are al all times necessary to be kept in mind and at no time, perhaps, more ueceSsaFy thar at present.