New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-01-29

the judicial COINCIDENCE and exclude the Jugmshl iV
consideration is an sbssrdty too hagant to be attn.
buted to the members Of the Convention which framed
our national Constitution. WY are the Constitution
and the laws of the United states " MADE pTssaRce
thereof" proclaimed the supreme law OF the land
and hence the paramount law Of every state and the
judge of every boundthereby, unless those sub
jects were addressed to the judicial mind and con-
science of those sfeers and why that careful phrass,
liars made an pursuance thereof anlts thnee ON
GERS were required 10 determine whether or not the
acts of Congress subject to their consideration aud
commanding their obedience, are made in pursuance
Of or are repusnant Ia the Constitution.
II would seem obvious that if certain powers and a.
tributes az sovereignty were reserved to the States,
thew must necessarily have the right 10 protect them.
II would hove been stupendous folly To insist upon
express amendment to the Constitution, that al
powers not delegated to the United States nor pro-
"hibted the States are reserved To the States res
pectyely or TO the people if among these powers
was not reserved that of protecting them: IL TO the
Federal Government were granted the sole power 10
decide WI at powers reserved anu What were NOT
and 10 enforce its decision upon the States, the ncor
roration of this amendment would be a mere empty
sounding announcement, placing the Governments
of original inherent and reserved powers at the mere
forbearance Of the Federal Government. This would
indeed be bringing the machine 10 the field after the
battle il over" The very idea Of divsion is nsep-
arabic from that of control of the parts distributed or
retained to, by each agent in the process. That
part of the organization which operates upon delegated
mower must have the right to CONTROL modify and pro-
tect such power that which operates by virtue of the
powers reserved and inherent must have like night
in respect of the powers so reserved. As regards IN
dividuals there superior, not TO one OF the parties
ouly but to both TO determine between them Not
So as 10 divided sovereignty, unless umpire outside
of TIER is expressly provided which would De incom-
patlble with the sOvert gnty of either The deposi-
ton of the power of final arbitrament in the one orthe
other of the parties is nothing less than placing one
at the mercy or forbe arance of the other.
Put Il may be said if this be so, our system is not
perfect and there can be uniform will to guide It's
operations. So indeed is the truth. But It should
be remembered that where one will rules, there can
he no fire edom for the many. The imposition OF uni
olmty but another name or process for uSurpaton
or tyranny II was never intended that there snouu
he one uniform will to administer this government.
The INFECT of deegang judicial power TO the Federal
Coye,Sment WAS twofGld; To enable the Government
70 nrotect the powers delegated by the direct eXecu-
ton of them through its own instrumentall'Ies ana
also to operate check upon the other departments
the executive and legislative. Each IL independent
and coordinate In ike manner, and for hike pur-
pose were certain powers delegated to the Federal
Government as a whole, while other powers were re-
served to the States and among these reserved to the
State Governments was the judicial power, beng as
TO the States for the protection of their re-
served powers as il is tn the Federal Government Tor
the protection of its delegated powers 1t is equally
essential 10 BOTH Without II, neither would De
Government Ii being equally necessary 10 both, II IL
obyiOus that one cannot be subjected TO the other
without endangeIng the very object OF It's institution
and endowment. Consequently both are coequsl and
rdnnte: much are the reNeltt
of each Government coequal and coordinate with each
other. A..
II las been said and repeated with emphasis, that
if state Courts are permitted to eau IN question lhe
jurisdiction of an inferior court oil the ohted o'a'es'
las the District Courts of the United States must be
considered in refernce to the Supreme Court OF the
United States and of the respective states, however
the, may be regarded in reference to the technlca
term inferior courts ms used IN the Juucla system
of ENGLAND there must necessarily result great contu-
sion in the Interpretation of the Constitution, and dill
fer, Mt rules of nterpre taon prevail IN different states
that the execution of the Judgments OF the Chten
States Counts may be arrested by the State courts,
and "rcyolution dissolution must soon t0low Dut
a glance at the practical working of our system OF
Government shows these assertions not ony 10 DC un-
founded in truth but most vicious in their tendency
One among the objects III distributing the powers anu
eleu ents of complete sovereignty was expressed IN
the ambe TO the federal Constitution, ITO secure
"the blessings of liberty" &C., and the theory is ap-
parent viz: to provide such distribution OF powers
as to make one branch or department operate as
cleck upan another and to preclude the possibility oil
onv one branch or department from assuming or exer
cispg the whole those of another and to make each
ndt pendent of the other, but all ultimately responsible
to the primary source OF all power.
The principle of this objection applies as well to
the different departments of the Federal Government
"a IN the c.urts or other uuconares OF the respective
States The federal courts may be OF the OPINION
that penal statute of Congress is constitutional ana
pass sentence upon one convicted oi It's 'ioa'Ion'
4 Il
titu,onal and remit the execution OF the penalty Is
not the course of justice much frustrated IN TINS
case as though State Court had neriered to protect
n citizen from the usuIpation OF two depart ments OF
IN. Federal Goyelnment-the legislative and judicial
Again the United States Courts may adopt rules OF
practice which Congress may regard as an a'suuiP
ton of legislative power, and repeal them OF oroid
n CIR obseryance or Congress may prescribe certain
rules of practice for the Courts such, for example as
the manner of selecting and impanneling Jurors,
which the Courts will d regard. The Courts persist
Congress persists. Here is confusion ndeed!-c col
lsioI" ard all its attendant evils. We may go on
and suppose thousand cases in which the harmony
Of covtinment nav be disturbed which would be as
idle as their suggestion in support OF unlimited power
is repreheLsbe. IL il enough to say tat oil history,
as 70, as philosophy teaches usthat Individual liberty
ia never safe where the power of the rulers IS unre-
striced ard that every guaranty OF personal liberty
il liable to abuse. The former condition has always
resulted in despOtsm intoerable, the latter may ex-
nand into license and license whirl into anarchy.
such Loyey is not the tendency OF our system
NO, can il occur until the officers of the Government
sbal become aithless the grants and covenants OF
the Constitution, and the people unworthy OF me ND
ertv which their Constitution was designed ana Is
CONF etent TO secure. - 80.
II seems to me that the provision of the Consttu.
ton before referred to is an express recognition OF
The judicial power of the States, as extending 10 al
laws of the United States, aud reqrhon Oh one1i-
ence ON the part of the Judgas TO all laws Of the
United States provided they are made IN pursuance OF
the Constitution, ard not otherwise: , ,
This view is strongly corroborated ny tne nsI"oai
fac, that many efforts were made in the National Con-
veuton TO give TO the severa departments Of tue Fed
eral Government supervisory control over those OF
tbe states But all these efforts stouty resisted,
and were ultimately reinqushed Those who are Gu,
~ .h. lans of constitution introduced by Mr.. Randolph
Of Virginia, and by Mr.. Pinckney of South Carolina,
through all the stages of their progress and decline 70
therutimate failure may find pretty full record IN the
Madison Papers" or the fifth volume OF E .houa
anv shown that II s to such failure and to the tenth
amcuoment to the Constitution Subsequently adopted,