Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1850-02-15

> constitutional legislation on the part of Con
gress, and that the Supreme Court of the Unior
Ought alone to be appealed to. Listen to Mr.
, Madison, who, as a lover of the Union, and a
faithful cxpositor of the Constitution. has neye,
+ been surpassed
u 'he deliberate exercise Of dangerous powers
PalPao'y Withheld by the Constitution, could not
J"Su'y tHc parties TO it in interpospg even So
lar as TO arrest The progress of the evil, and
'hereoy 10 preserve the Constitution itself as
well as TO provide for the salty or tbo oar,io,
TO it, there would be an enI to all relief from
usurped power, AMI direct subycrsion of tho
rights specified or recognised under all the
State constitutions, as well as a plain denial o(
, the fundamental principle on which our indie
pendencc itself was declared.
But it is objected that the judicial AUTHORITY
is to be regarded as the sole exposition of the
Constitution in the last resort; and it may be
asked Tor what reason the declaration by the
General Assembly, surprising it to be theoreti-
caIly true, could be required at the present day,
and in so solemn a manner.
"On this objection it might be Observed first.
that there may be instances Of usurped power
winch the forms Of the Constitution would
never draw within the control of the judicial de
partmeni; secondly What ifthe decsi of the Ju.
dietary be raised above the authority Of the so.
vereign parties to the Constitution. the decision
Iof the other department, not carried BY the forms
Ioi the Constitution before the Judiciary must
be equally authoritative and final with the de.
ciSluns Of that department. But the proDer
answer to the objection is, that the resolution Of
the General Assembly relates to those great
and extraordinary cases in which all the forms
Iot the Constitution may prove Intellectual
against lntrIcton5 dangerous to the essential
rights of the parties to it. The resolution sup
hpt Ilp 4 l.
may not only be usurpcd and executed by the
other departments but that the judicial depart
ment also may exercise or sanction dangerous
powers beyond the grant of the Constitution:
and, consequently, that the ultimate right of
the parties 70 the Constitution to Judge whether
the compact has been dangerously violated,
must extend to violations by one delerated
authority as well as by anothcr-by the Judi
ciary as well as By the executive or the egs-
| laturc,
However true therefore, it may be that the
judicial department is, in all questions submit
Ted to it by the forms of the Constitution, to
decide in the last resort, this resort must ne
cessary be deemed the last in relation to the
authorities OF the other departments of the Gov
eminent; not in relation to the rights of the
| parties to the constitutional compact from
which the judicial as well the other depart
ments hold their delegated trusts. On anv
other hypothesis. the delegation of judicial
power would annul the authority delecatinr il .
and the concurrence of thi, d6nar,mnnt Win
the others in usurpcd powers mipht subvert for
ever, and beyond the possible reach of any
rightfuI remedy, the very Constitution which
ali we're instituted to nroseryc.n
At. p,,-,u. n. p....I...
,,ara ,,a.li,, a. H. dPp'eHehu
.o ,,,hioL IT.. 'V 'H'."ot W"c" mas oeeIl
,i;a,, '',.,' ~. we o"u'1e VI rt'iaIh
;I,,,",r,,, was r'''.'''IS nat ln'enueu TO
~ ,ha eor, oc,a s.'"T,0 III? I'W' offensive
f C,'v 81 ,'o 'jo"' III, 'eoeNc tIe sahC'o"
I,I . H. ~ 20 s'''' " OonS ''. i ,oitI III
o"',", w. wa" vs. 'E y HpPcaI ior le inter-
,o,a u;o anu 'oI '''e PuF-
P'sI VI ""e.'''r ti'1 Oo1y mas trans
1e!ncu t'S P1Nt'9 VI MOI, " e.; s'r' II mat de-
cls'o" 1lioulu p' ag''nS' '"e VaIu''y OF the law,
NUS G'ParIy t"e 9ou'n would De satlshcd we
Snou'o nave 20 cNi war growing out OF snch
ueci''oh' oAcn,a 'Ae decision be otherwise'
anu 'tie power OF congress m 'h's particular be
es'ao"a"eu' II WEI 'ien' as remarked before,
rest win the sovereign states OF TINS Union to
1e'e'ltil"e "het'e' tHey can longer auhcre 10 inc