The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1865-09-23
I.nppropriaie .fnne!lon or the judielary

] :
| to construe laws"
Chancellor Kent, as quoted in note 8,
section 275, by Story, says:-The Judi
ctal power In every government must
be co-eXtonstve with the power of Iegis-
| lhtion. Were there no power to inter
pref, pronounce and execute the law,
tho government would either perish
through its imbecility, or other powers
must be assumed by the legislative
body to the destruction of liberty.''
In section $50, of Story, he argues:s-
Hphat IL each State be entitled to inter
pret and eonstrue, we may then have
| in the free exercise of that right, twen-
I tY=four (the then number of States)
honest but different, expositions OF
every power in. that Constitution, and
of every obligation involved in it,
What one State may deny, another may
nssert7-what one may assert at one time,
It may deny Mt another time. What
thenis to become of the Constitution, If
IT'S powers are thus perpetually to be
the subjects of debate and controversial
What exposition is to be allowed to be
of authoEityf Is the exposition of one
State to be of authority there, and tie
reverse to be of authority in n neigh
boring State, maintaining an opposite
exposition? Then, there would be ut
no time, In the United States, the same
Constitution over the whole people. Is
n power which is doubted or denied by
single State, to be suspended, either
wholly, or in that State2 Then. the
Constitution is practically gone, as a
uniform system, or indeed, as any sys-
tenn Mt oll Ot the pleasure of any State.
If every State may, for itself, Judge of
It's obligations under the Constitution,
1t may disobey particular law or
treaty, because It may deem It an nm
constitutional exercise of power, al
though every other State shall concur
in contrary opinion. That would
be to allow one Stnte to withdraw a
power from the Union, which was given
by the people of all the States, That
would be TO mako the General Govern-
mont the servant of twenty-four mas
ters of different wills, and different pur-
poses, and yet bound to obey them all. ;"
This was the argument of the great
Daniel Webster, and its wisdom and
weight is worthy of its origin. (Web-
ster's Speeches 42O,-4th Elliott's Do
bates, 8S9.) u :.
Story, in section 3sS, saws: It wouId
seem repugnnnt to the first notions of
Justice, thatin respect tothe same einstrrI-
ment of government, different powers
and duties and obligations should
arise, and different rules should prevail
ut the same time among the governed,
from right of interpreting, the saineI
words i'll different ways, in opposite
senses. 1t would have none of the cor
tuinty or universally which arc the nk
tributes of such u sovereign rule. It
would entail upon us all the miserable
servitnde which has been deprecated as
the result OF vague and uncertain juris-
prudence. IL would subject us to con-
stnnt discussions, and perhaps to civil
Droiis, from the perpetually recurring
conflicts upon constitutional questions.
Chief Justice Marshall, in DELIVERING,
the opinion of the Court in "a tCohens rs.
Virginia." % Wheat, r. 264) combats
fhns IA ~ 10
ton, urges the same difficulties as to
V1rious constructions, but SAYS: HIfi
such be the Constitution, it Is the duty
of this Court to bow, with respectful
submission, to its provisions. II such
be not the Constitution, IL is equally
perform that task which the American
people have assigned to the judicial de-
fpartment."
The people made the Constitution.
and the people can unmake Il. 1t is
the creature of their will, and lives only
BY their Will. But this supreme and ir-
'TesiStible power to make or to unmake.
resides only i'll the whole body of the
people, not in any subdivision ofthem,
The attempt of any. of the parts to ex-
ercise 1t, is usurpation, and ought to be
rePelled by those to whom the people
have delegated their power of rePellfng
In President AIadison's letter OF Au-l
gust, 1880, to Edward Everett, he main-,l
tains TINT there can he no efficient suL
premacy OF law without "a supremncyi In
tho exposition and execution thereof.
The Government of the United States
relies on its own means for the execu-
hon of Its powers, as the State govern
ments do for theirs1bOth governments
having common origin OF sovereign
the people; the State governments, the
people OF each state the National gov
ernment, the people of every State /; and
being amenRble to the powers which
created them respectively. 1sW
The Federalist," recognized us the
highest authority upon such subject.
says; There ought always to be a |
constitutional method of giving efficacy
to constitutional. provisions; that III
there are such things as political axiL |
oms, the propriety of the judicial de- |
partment of the government, being CO.
extensive with its Legislature, NAV be |
ranked amongst the number; that the
mere necessity of uniformity in the in |
depreciation ofthe national law, decides |
the question to avoid a hydra of poY-sl
ernment, from which nothing but con-
tradiction and confusion can proceed. |
The peace OF the whole should not be |
left at the disposal of part, &C."
There have been those OF eminent |
ability who maintain the right of State
or private interpretation and constrnc- |
ton, and upon this basis originated the |
nullihcation movement in South Caro- |
lima in 1882, and the same principle is |
avowed in the Virginin and Kentucky
resolutions of '9S and 30; and out of
this sentiment grew, and upon this
foundation was rested for its tustifica-
ton, the late gigantic rebellion; and
these have been and ever must be the |
legitimate fruits and results of the doc
trine, tending ever to insubordination,
confusion, subyerSion of all govern
ment and absolute anarchy, If suffered
to prevail. There is no doubt that the
people, in their sovereign capacity have
the right to amend, correct and control
the Constitution and the laws, which
they have created and adopted, 6nt they
can do 1t only, in the modes and man
ner prescribed and provided. Any citi-
zen has the right to adopt the necessary
means to raise and submit to the iu-
dicial authorities for decision, the ques-
ton of the coustitutionnlity of anv law,
but must, in the meantime, and until
the question is decided, by the proper
Courts, submit himself to the law--oth-
erwise, he constitutes himselfa a judicial
power to overrule and nullffy thnt
which may have the sanction of every
other citizen of the State, and which tho
Court, in its wisdom, may determine to
be constitutional, right and obligatory.
! And certainly no subordinate officer of
the government should presume, or
would be permitted to set up his indi-
yidual judgment and opinion, orto rely
upon that of a few or any number Of
his neighbors, as authority to disregard
and set Mt nRught the solemn acts of