Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1848-08-18


usual way, thy usual way, mean the decision OF each
case partes It shall arise then was still more
strongly opposed 10 II, because II would convert the
supreme Court into just such an arena oil party ste
as Congress presents; whereby its purity would
be impaired, and its independence broken down. be
cause II would be shifting from Congress, where the
right and the duty ofdsposng Of the subject properly re-
SIDE the responsibility of It's decision upon the rcdssst
branch the Government. whose Independence II was
our highest duty TO guard with sednlous care; and
said there too much reason 10 fear thai when suc
reference of public questions 10 that tribunal should
become common, the appointing power would conform
its complexion to his own political views, ana mus
make parzanship, and no. learning, virtue and wisdom
the of selection FOR that august place Farther
intimated the opinion, for reasons shall presently
give that IL highly probable, with regard tn the
lately acquired Territories the decision ofthe upret
Court without farther legislation by Congress, would
be against the South. On these grounds feared the
promises OF the bill would prove hollow and Elusive
| Such the views which the Club received VIII
approval and which you say, as flowers oil your coul
| try, sickened your hearts,"
H. You say, "was opposed 10 leaving the dsclsio
of the right Of The STAKEHOLDER TO carry his slaves n
the territories TO the Supreme Court, because II Is TN
| weakest branch Of the Government All the dema
uo.leis which we ever heard uttered on the stump
sewhere, could scarcely be concentrated go as !,
enual that single sentence" Had ever uttered sucf
non sense, yon should have changed the style OF you
denunciation, least embeished II with some add
| tions You should have called me fool AZ well as
demagogue But the sentence is OF your own pTononnc
ing. have already explained IN what sense ana con
ne1ion thought the reference of the subject to the S
meme Court would be Objectionable. But to call tn
Judiciary the weakest branch seems, is the concentra
| ton of demagogueism. Indeed! Wei, we 1--we Z
| learn and would not for the world compare my &C
compiishments with yours either IN philosophy or con
sttutona law. But pray, what liz Dtn1gogw! ID
Johnson defines him as "a Rngleader Of the Rdbbie ~
Now, as some atonement Tor my iault, see IN What
respectable company Of ragamufins your sagacty ha
placed me. The authors Of the Federaist say speak
Ing of this Department. sit may truly be said TO hav
neither force niR, but merely Judgment; and mus
A. syan far . ha
| cacious exercise even Of this faculty. This simpl
view of the matter suggests several porta nj const
quenees proves ineontes.asy mat Ia.
| of Psper." (See the 18th MOI "Of the three power
above mentioned, the Judiciary Is next to nothine
fhiontesqueu Spirit of Laws, vol !, p. ieh'l 70. W
| same view Story on the Constitution, Vol. -, J
4a8. Kenps Com, vol. |, p. Cd, Lecture AiV. ines
blockheads all supposed that the very iact lnat cou
| can never net unless somebody voluntarily suomits
TO il, and cannot execute Us own M a,'e
est element In the system. and that 10 preserve an
protect H. II necessary to give Inc Judges lli'
tenure of office, and thus to secure ther inoependene
against the other more powerful branches: but
course they knew nothing about the matter They ma
never fathomed, as you have, the profound depths
the Constitution, and thence f,hed up such preeiou
near of wisdom as this which graces your editorial ::
ar the qualified veto which the President possesse
under the Constitution makes him Monarch and
Despot as MIR. Daniel maintains, how can the suprem
Court which possesses an absolute rso lpon sesry .an
Cougrsss RI xIieh can By possibility pass under rs rev
sion. be TENED the weakest branch OF our Govern
men,, ~ II seems. then there are two veto powers
that instrument-one qualified belonging 70 Inc rfes
other absolute vested in the Judiciary y
III You say am for leaving the question o. s,av.
~ TO Congress, and snesrngly observe, "aH that
know is, nothing can be known. Clayton, Reverb
Johnson, Berrien, Calhoun and others were utisrl
wrong in wholly taking away the jurisdiction fo
Congress" l suspect turn my eyes WIN a nuc
nore admrine paze than you do towards that GALAXY
light, but I confess it would suffer. in my esteem
wretched eclipse, could hear OF them assert th
any power but Congress- either Immediately, OF oy on