Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-09-24

a =, ,lss i 70 aropate such superior petensions
The Federal and the State governments as we nave
derive their powers from precsey s sssebd The
mode of comforting powers on the eoefa ~
by specific grant, with express ., Se,s
yernmens is generally by giving to them the Rlea' ass
governmental powers, with limited exceptions oy special
nrohibons The advantage here in the node OF oeso"
al If o anv VALIDITY is clearly in favor OF the State
Governments The nature and extent OF the powers con-
ferred on the respective governments, 'nueeu suly 10
accordance with the different ends to be accomplish
I'd Inv them: the few more general and external pow
ers in which all the States are Jointly lnterestro
being principally conferred on the Federa agent we le
great mass of civil municipal powers are retained &c the
State Governments Hence Of the powers conferred
on the Federal Government appear more grand imposing
in their nature than compensation is Afforded 10 re,a
lively weighing the powers Of the State governments oV
their greater number and their more lmpo tah anu r
relation to the interests and pursuits oil the cZeh me
manner in which the powers OF both governments are exc
c.ed and the nature the obligation imposed on tne c
GEN. are the Both act directly and comphlsoIy or
dnariy by lave and through the regular administrator o.
Justice on the citizen and each may enforce us
mowers by ADEQUATE sanctions and If necessary in the as
resort hy the incon of the pains and penalties oi treason
One advantage, n"t perhaps suficins TO give as @
inv 10 The State governments but certainly strongly iepue
nant To the conception Of snbodinaiion "n theif pos
sessed ty them in being constituents To some Vi e
important branches of the Federal Government ihe Le'
asatmes of the States elect the Senators Inc States I'M
der regulation of State l"gislaon either ny separate
districts by general ticket send The Representatives. 10
this body and in compound ratio oi Their
in both bodies constitute The constituency which elect your
President. ....oa,
Jmsjnp Inv these or any other you can suggest
nst il moi be concluded that certainly no superior
inv on The mart of the Federal Govement-no suhodlna-
lion on the part of the State Governments! lhey are IN
fact coordinate agencies Of the common soveeign-oi
equal dignity and equally within its appropriate sphere en-
odyina highest law OF the land The Federal Consu-
ton from It's adoption BY all the States operates
over larger sphere and embodies solemn compact oy
which powers of each within The province OF us e
Ultimate functions blended and engaged for the attainment
of its ends In lis obligation and operation on the cl'zeh
Of
enforcing them, precisely the same 10 Illustrate ms
consider The obligation and relation OF citizen OF any ola
Virginia. for instance-to each Government lie IS oound
10 obey maintain and the Constitution ana laws IN
conformity herewith OF the United States AND why DC
Of its adoption their government ~ll us
by The people OF Virginia in convention asseitea. M
bound like obedience and support To the Stale cohsu
on and laws within its province because SO likewise mas
The same sovereign ordered The constitution OF the United
Slues laws in thereof operate upon mn.
directly and compulsory So likewise precisely DO lose VI
his State Each in subordination only the ultimate
veegn-the people of his Sate-s within its rghfu sphere
the supreme law 10 him, and must be 90 recognized ana
obeyed under the sanctions of all adequate peAaties even
those Of Neither is superior But In case oil con
iict- ,
Here Mr. DUER interrupted Mr. S. and inquired if that
clause the Constitution q" the United States which de,
clarrs That the Constitution and laws OF the United
States made j: pursuance thereof and treaties made under
the anhny III United States shall be The supreme law
Of the nd; and the Judges OF every State shall be bound
thereby. anything in the constitution or laws OF any state
Notwithstanding did mpart the Federal Government
supremacy
Mr.. Seldom. The geneinan'S citation al'ifGs an an
inquiry That clause shows The Federal Govern
nent supreme within its righul sphere-no further
The constitution oil The United States and the laws and
treate, in conformity herewith certainly The supreme
Inv Of the land md from the very nature of the Cons-
tinn have been equally though not decared But
what advantage have they IN this respect over The Co.u
lion aut laws in pursuance thereof 81 State IN Ngi
MA Tor instance not her Constitution AMI the laws III
pursuance thereof within their sphcr just much the >
Constitution and laws vi the limited States? II the force Of
the States may be invoked by The Federal Government 10
enforce ia Constitution treaties aud laws no, likewise
all the of the Union be called for hy the State TO
enforce her Constitution and laws within her limits This
Government! and al ia departments officers in their
iaons Virginia, when within her lints ae rs much
bound respect and obey her Cnt tuition and laws as tie
Government and officers o Virginia II respect ana ooe
suprenc within TIER sphere the Constitution and laws
~ Inc United States In either the supremacy de-
pendent the coastuticnaty nj the laws, Of the con-
structon u iced ON the Constitution.
Here Mr. DUER again inerposed and inquired whether
in o. conflict in laws between the State and Federal
Governments the adjudication Of the Supreme Cont must
he conclusive The question of cons.iiutonalty!
Mr.. SEDDoN resumed. The gentleman with his char
acesc sagaci,y and a"ucncss must perceive that The 80
luton 81 ms questions is afforded by the inquiry in whn
rests the night .. ultimate Judgment ns To 'e powers 81 Tie
respective governments and the conformity ri their pro-
ccedinss thereto. deny wholly hr power ol such ultimate
Judgment 10 the Supreme Court 1t has even the power
Ut prn riy determining the o tie OF this "
ernen', much less OF settling finally The cnnsttu "nhity
Vi it, To establish this many arguments lgh
be aidneei. content myself with or two US conciu
sve: In the first place judicial powers vested it
specific grants involving Limitations and restrictions; and
entitled 10 construe finally its powers, who are to en-
force such restrictions and If what avail they fxpe
ence has shown, that inalinie tht
Supreme Court may mistake transcend lis Jns
powers To l., then, less than The other de-
par.ments Of The Government must exist The SD
eor for supervision and !csiaiHt the necessity and eAs
vi which trust have heretofore satisfactorily esab
iShed But, iurthc hee is grant Of the power 10 The
Supreme Court in the Constitution Of such final abitra
ment nor indeed expressly n any power decide CUES
lions OF c"nstntionaity. Its whole function is confined
exponndins and applying what is law 10 Cases in law and
l.nnI mi Ia uI
the consu,lonaity vi any pnrcnar law thns coming
under It's consideration s not conferred by, dependent
any grant OF il specially but results from and
nsepaaby Incident To its character court THIS iacul-
pertains moi - il alone but belongs equally IL every court
from the highest 10 the lowest, whether in our own or
foreign county, having jurisdiction over cases involving t
obligations Of laws. Under yseu the organic law
of constitutions is supreme and in any for the deter
mnaton Of what aw, may be necessary to expuund
the meaning Of the Constitution and the conformity of any
alleged law thereto power thus shared by every court
Justices up in application 10 laws coming before
the last resort surely with validity be adduced, as
comforting the extraordinary and conclusive right OF Juds
nenl rs Ia the powers OF respective governments. No.
sin The Federal and State governments being Coordinate
and equal in their respective spheres entitled 10 enact laws
of the highest obligation the citizen each necessarily
titled tondge in the rst instance, OF the extent OF IFS pow
ere and To maintain M judgment This faculty is possess
ed by the State in like and upon the same grounds
as by Federal Government
But in Of conflict in these laws claims Of power
must there be coson2 Certainly not; for war between
the State and Federal governments was certainly never
contemplated and cannot be tolerated. What, them is the
nave argued 10 little the answer be
prompt and decisive: 10 the common principal Of these
ordinate ageniesto the and only sovereign, who
created and is entitled supervise abrogate both either
people Of the State in convention assembled. Their de-
cision he final and conclusive; and by of his
duty of allegiance, forever settles the citizen
the State, his relations and his obligations The conflicting
agencies About The obligation of the citizen decrence
and submission this award of the sovereign if against
State government apprchend there is neither dissent
controversy Nor is it less clear in the decision be
against the Federal Government, the ndsputahe fact
borne in mind that the only obligation Of the citizen OF the
State 10 that Government proceeds from its like aop ton by
the psople vi his Stnie in convention assembled. Com
pexity and uncertainty only lie induced this point
conoundng the relations OF solemn compact which exists by
the Constitution between the States soverernes with the
obligations imposed under il the citizens of State
The action Of The Stale in its highest sovereign capacity
must be conclusive against the created bv it,
the allegiance of its citizens but if deemed by the ohe
States vloave of the compact with them creating the Fee
deral government they each having for itself equal right
Judgment may determine such act oi complaint
But in such the State resorting her high
reserved right OF secession will be of the Union unC
if conflict ensue it must be that of rebellion or surrec
ton the Government of The u. States with liability 10 t
penalties Of the Citizen but o between equa
soveeigns For every other establish
justice of this conclusion likewise does the unhapp,
relation in which, any other construction, the citizens
must stand the governments, confirm IT, A divided