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

Now suppo.e, in violation Of this compact any State
should do any of the things herein prohibited. IL j.
pretended that Congress has the right to make such
by legislation call such offending State 10 account
exclude IL from the Unonl expel its Representatives
from their seas arrest its Executive It's legislators
and ,Judges and imprson them The acts of such
State would be simply void and il would be the duty
of oil Courts both Federal and State so 10 declare
them They would afford protection to any person
or officer acting under them-not because Congress
has AIRY legislative power to denounce or abrogate
them, but because they in violation of the fund.-
SO, also, in the same section are contained sundry
prohibitions upon the United States, among which Is
the following: "The privilege of the writ of habeas
"corpus shall rot be suspended, unless when in
" Of rebellion invasion the public service may
"quire it," Suppose, in a time Of profound peace
and quiet, tie Federal Government should pass law
suspending the privileges OF this writ, would the State
Governments have the power to call TO account the
Federal officers who lad violated the compact in this
behalf the Congress who passed, and the Executive
who approved it Would the State Courts be bound
by it Not at all. Such act Of Congress would
simply be void, and il would be the duty of every
State and Federal Court to pronounce 1t, and il
would afford no protection TO any ohcer State or FED
eral, for refysng To obey such writ mention these
illustrations 10 show that great portion OF our Fed
eral Constitution rezs in compact, while still another
rests in grant. Where powers are granted, they are
to be exercsed where rights rest in compact, they
Lave still tie force Of law but the Federal Govern
be obeyed and enforced by the parties to the compact
tie States ,EemE elves.
From vdo, Smith, OJ Nten before ne (uR
Court, HiscoasfH H., Tp o7-icO
SMITH, J.-When this case was originally before me
gave to the qnee- Involved in it all the nyestiga-
ton which the mean then within my reach would per
nit. The conclusions TO which then arrived have
been made, and r.gLtfuy made, the subject OF crit
icism and investigation. In addition to what L then
said | have now remark that there are some prnci-
"a .,,s
opinion which seem 10 require attention; and some
do Grimes have been advanced a. the bar which, IN my
Judgment, ought not to be passed over in silence.
question # the last importance to the states ana peo
Die il here brought directly under Judicial cognzance
and cOmpreheEds the principal elements in the theory
Of or complex system Oi government.
One greet aim &C the founders of our Government
amorg 0thers 10 secure beyond contingency per-
sODa liberty, and 10 protect and preserve as tar as
rracticabe tie independence aud sovereignty OF the
respective States without whose agency such personal
liberty could not be protected AMI secured) as lar 10
Was consistent with tie practical efficiency of the Fed
ero Government about 70 he organized. mere glance
at the history of the tines at the debates in the Nd
tona Convention that framed, and OF the respective
Stute Conventions which adopted the Constitution,
will suffice to convince that the respective states
were regarded az the essential if not the sole guar
dians o the personal rights and liberties of the indi-
vidual citizen NJ Justice johnson OF the Supreme
Court Of the United States ia the ot Martin 0g
Hunter's iessees Il Wheaton, jo2l, says: so firmly
cam persuaded that tie Am rican people can no
longer enjoy the blessing 4 free government whei-
ever the State sOycreignes shad be FRUSTRATED a'the
feet OF the fcleTal Governments nor the podd con-
"sc0usnees Of equality and security any longer than the
independence of judicial power shall be maintained
conseciated and intangible thai l could borrow the
"language Of celebrated orator, and excalui ire
I" joce that Virginia has rs'sfet." This Is bat one
hipopo yhst humber Of similar expressions; but
prefer TO quote IT, because it wa5 uttered at an carry
reriod in our national history because it was uttered
in judicial opinion, and in reference to conflict Oh
jurisdiction between the state and federal Judiciary
which dill not diss0lte the tn!oR,
II il important t. recur To the elementary principles
on which our Government is founded, more frequently,
perhaps than the apparently suocesiul career OF the
Rcpu6lic would naturally tend 10 move us. Nothing
j. more certain than that eternal vigilance is the
mice of liberty" and that frequent recurrence to
fundamental principles is the only means oil sustain
Jug the Government 10 It's orig nal parity and OF pre-
serving the ORIGINAL landmarks established by It's tram
ers The subsection Of Judicial dee sions TO elementary
criticism will never be denounced Is audaclOus but
nv these wi q are content to follow precedent, even
tonch prece dent overlap the law, ana become the
mere preteAt for usurpation. 10 such tests ought
II osa Who make decisions well az those upon whom
they may opo ate, TO be wiling 10 SUBJECT them IL
should be remt mbered that " error does not become
ruth by being often repeated nor does truth lose
q, ANY Of IL force or beauty by being seldom
" nromulrated." Nor does vice become virtue by
uersistepee IL its practice; ba! government grow
better by acquiescen'e 10 VI eVI-i nor "uo'e P
plA have adopted written fundamental law, Tor tne
Government alike of themselves ond Their rulers does
The nfraction Of tha, law become healed by denai
of is occur rence. .,,.-:
ated 10 the arges, measure of its value Importance
and will not be departed from on light or trlViai
grounds When rights have become vested uhder Ju-
dical decisions and especially when the pocy oi per-
sona transactions has been shaped under long course
of iudical determinations courts an Judges wu hesi-
tate long before they viii disturb the order ana e'tap
hsl ment of things and transactions pteIca.eu uPon
item Diettlstng Suggestions however Piausioi,,,
however tmclDY ufStl,
they viii pun lie tho diyersing and unwecone pain
way with faltering step and ANXIOUS d-stra-t, until
tbey are lost in the oa2es Of uncertainty o. the one
Lald or on the othe, they emerge nto The plan hgh-
way of truth, which all may pursue wlth confidence
ana safety. But 10 say that such decisions preclude
Investigation or review, i say tina, error may DC
made perpetual and that the Judicel department
an impregDable ortT (which no force OF retsSjn nay
orproach and no o. 81 of truth may assail Suca
rhie would have driven from the bench OF England
one of the brightest umina-es OF legal science, or
would have imposed restrictions upon genus "hicn
r, scued tie common law from The nanae es OF oaroar-
i'm aud gave it vita ty equal to tie progress OF the
nation upon whom it operated, and power adequate
to It's own regeneration,
| am willing that the decisions OF the Supreuse
Court of the United States, in every ceec det'rhne1
nv them within the scope Of ther lursd tlon, snouu
he REGARDED as full aud binding authority az tne law
of the particular case 60 detern ilec. BIZ when IL
strenuously contend = chat am c0L."l.d 10 daopI
beir Interpretation the Constitution IN laws OF the
United States, HhG of their own powers, ana Tue
uowers Of Coner -. without thought cr nqhfy-to
teke ,rbgt IS ryit! is uriteq' the enI of the
law simply because 20 IS wrtton-tb&t NY ow- con-
science and Oaths must be tamey suoected 10 me
prescriptions Of another tnburai, g9Verhe- oy tne
same lws aud bound by the same oath, ncW Ihstanu
inc the high respect approaching even to NeneIatl'a
which have for that ugh tribVlal-l mat Dc per-
mitted 10 say, that no mOR o. body OF men maze ny
the Consttuli the keeper OF my oclscrrce LOT uoes
Il mpose ucon any man or body OF men th tu.nAme nt
.sol nj aitl tsgf