Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-03-09

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in the Inaugural, in that particular, is the same
doctrine which has ever been maintained
by the States Rights party Of Virginia, from
lTaS down to the present time; that it is not
only sustained by the Virginia resolutions of
So. the Kentucky resolutions, the report of
Mr.. Madison upon those resolutions, but is
sustained by the opinion Of those to whom the
States Rights party has ever looked; and is
also sustained by the judgment of our own
Court The extract from the inaugural, is as
follows:
II do not forget the position assumed by
some, that constitutional questions are to be
decided by the Supreme Court; nor do de.
ny that such decisions must be binding, in
any case, upon the parties to a suit as to the
object OF that suit, while they are also entitled
to very high respect and consideration in al!
parallel cases by all other departments of the
Government. And while it is obviously pos.
Sible that such decision may be erroneous in
any given c,,Se, still the evil effect following
it, being limited to that particular case, with
the chance that it may be overruled, and never
become precedent for other cases, can better
be borne than could the evils of different
practice At the same time the candid citizen
must confess. that if the policy Of the Govern
ment upon vital questions, affecting the whole
people, is to he irrevocably fixed by decisions
Of the Supreme Court the instant they are
made in ordinary litigation between parties
in personal actions, the people will have ceased
to be their own rulers, having TO that extent,
practically resigned their government into the
hands OF that eminent tribunal"
Is not that the doctrine laid down in the re-
solutions of '9S, which declared that each
State hes, for itself, the right to judge Of the
intraction Of the constitutional compact, and
the mode and measure Of redress hen
those resolutions were transmitted in liso To
the Northern States for adoption, the response
came back that they recognized no such final
interpretation by the States, but that by the
terms of the Constitution it was lodged in the
Federal Judiciary; and the report OF Mr.. Mad
json maintained that If the Federal Judiciary
was the final arbiter Of the rights OF the States,
the Supreme Court Of the Cui;ed States would
have the power by its Judgment to bind the
coordinate departments Of the government and
the people, and the ultimate effect Of which
would be to concentrate in one department OF
the government, supp enc and absolute power.
When this subject calne before the Supreme
Court of the Uuited States in a case from Rhode
Island connected with DORIS rebellion, 1t was
asked by one of the Judges, after referring to
their uufiness to judge Of political ques-
tons, what people, nurtured in the principles
of uampden and Sydney, would ever consent
to place their liberties in the hands OF the Jn'
dietary
We were told the other day, that for his
claim of absolute power, Charles |. was brought
to the block. There is more Significance in
that allusion than OF frs: appears. We sind
that that monarch was brought to the block in
consequence Of IN eti,rt, on his part, TO impose
doctrines Oh his people adverse TO the liberty
of the British subject which q venal judiciary,
appointed BY himselt vindicated and upheld by
their Judgment But we do not want to Ell
trust 20 judicial power questions Of such in
terest and magnitude.
will refer you, Mr.. President, to short
extract taken FROM report made to the Senate
of the United States by a distinguished Sena'
tor, a gentleman who once occupied the Guoer
material Chair aud whose public and private
life was adorned by every virtue. rcier te
James Barbour, who, in his report on the cast
o! Matthew Lynn, who, under the sedltioT
law, was Condemned to fine and in prisonment
says:
In times OF violen; party excitement, asl
tating whole nation, 10 expect that Judges
will be entirely exempt from It's influence, ar
CUES a profound ignorance OF mankind Al
though clothed with the ermine, they are still
ucn, and carry into the judgment seat the pas
| sions and motives common to their KIND
Their decisions, OH party questions, reiiec'
their individual opinions, which frequently be
tray lhetn unconscousiy into error. 10 hal
ance the Judgment OF whole people, by tna
of two or three men, no matter what may ot
their official elevation, is to eXalt the creature
o. the Consultation above its Creator, and TO as
sail the foundation OF our political fabric
which is, that the decision Of the people is in
fallib.e. from which there is no appeal, but t'
Heaven"
The very same position was assumed by Mr.
Jefferson in many Of his letters-oy presioen
Jackson, in his message vetoing the Charter Q
the L, s. Bank, in which he denies that tn
Judiciary of the United States can bihd th'
executive and legislative departments Of TIT
Government by their judgment
| Mr.. President, what are the duty and TIT
oulicv OF Virginia under the existing circum
stances! Virginia is warmly,and ardently at
tached to the Union of these States. Not
however, sir. to Union perverted aud usurped
but 10 Union framed in the spirit and otJec
in which i. vas established and contemplated
| by our fathers. To such Union, and TO none
other will Virginia ever cling, and none other
will she ever cherish. The Union Of thes,
States was pre- euinently Tirginan conceP
ton. 1t was the conception of her wisdom anc
her patriotism. To the altar Of Union, she
brought, As a bride, her dowry, that munih
cent domain lying northwest OF the Ohio river
Beneath the hallowed roof Of Mount Vernon
was conceived the idea Of e. more perfect and 8
! more lasting Union Of these StAtes-wher
the Commissioners from Virginia und Mary
la,d there assembled, for the purpose OF ell
! ter;ny into commercial stpulatienS in regard L
! the NAVIGATION of the Potomac and the Chesa
| ncake. was conceived the idea OF the ConVen
lion which met at Annapolis, and which finally
led to the Convention OF all the States which
met in Philadelphia, by which the Constitu
zion and the Union were established Virginia
for this Union, has sacrificed much, and she
| will sacrifice more, consistently with her honor
| In these times OF our national calamity, VT
pinla is called upon to rescue this Union from
peril. |. is her ancient privilege so to 90. One
rescued it when at its last gasp in the Srea
| nolt;cal revolution of 1873; she saved It by he1
peaceful mediation in 1883, and she rescued Il
| in the compromise measures OF 1901.
But Virginia has no sympathy with tn"
doctrine, whether it comes from the North Of
from the South, thst there exists an lrrepreSS'
BILE conflict Of opposing and enduring force
between the two sections, growing out Oh tnt
diversties of soil Of climate, Of productions
| and Of domestic institutions. On the contra
~, she regards these diversities ns links IN th'
great chain Of Union, binding the States more
Closely together. Blu; in order to form pc,
| fec, Union, each link mist be preserved IN Al
its original integrity. Under such clTcn"
stances, Virginia is called upon to discharge
! the duties OF her ancient office. Her position
is truly grnud and sublime The country looE OK;
an for some grand and rnagnanimous expert
| n,ant which will rescue it from strife and CIV
war. Let, then, Virginia, Mr.. President, strive
vigorously to remove Ill causes OF disconten