Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1866-02-10

OIL tilt peoEpe VI uIS - 'Al'So S'a'NS ." '~
Federal Government. The Cons niuhon
has provided suoIier, aud n very IWpor-
tsnt one there is all appeal IN effect hum
ali the drpsl lmenIs ol The Federal Nov
eminent, 10 the people OF The States ho
foraled The Constitution nseIi, who can
relo,m II, and correct any exposition OF.
1t, that msy have been gwen by any el
the departments oi lhe Government. And
in determining these questions the lille
States OF Delaware and Rhode Island,
have each The same vote, with New York
or Pennsv vlyanis, and voaBg in Ibis way,
change may be effected by minority
Of The people of the United Siaies' VIII
not all these checks and guards satisfy
the minority? Must Ihey sniI have this
anii.repubhcan, JlsurgarlziDg, and dan
gerous principle, which would su'hoflze
The single, hllle State Of Delaware TO con-
/ vol The action of The General Govern.
men. and the will OF lbe whole people Of
the Unuej Slaless
WHAT'S lhe chief barrier between the
power of This House, and the rights oi The
minority in Virginia ! Is ii not The Ju-
tlciory Department So IN The Federal
Government, lhe Judiciary Department,
is the safeguard Of The rights OF The mi
notily. II an acl Of Congress inirlnges
the rights ol any individual, no mailer
how poor, or humble he may be, he may
obtain relief in the Supreme Cou;I oi The
Uul.ed States; Ii IS lhere lhaI lhe collUs-
sal puuer Of Congress, NAY ss checked.
Bul Sir. u rs the lashTOn eI ihs present.
day, with Ike minority, 10 dsn' unce and
Irepudlale lhl. ulbuual. 1t has always
appeared 10 ne slr, that Ihls was niesI
itulcIdal policy, W ibe minority; IoI ai'er
all HE theories OF notification, secession,
SIa.e UsiO, or msrTFOsuIoD, II Viii bs
found IN lhe long Tuu, that heIe Is no
check, upon the unconstitutional legIsla
non ui Congress, 50 tfirlent, certain. and
ssle, as HE Supreme COurl of The United
States; II IS III iacl The sheet anchor Ui
The minority.
1t is true as Mr.. Madison has said IN
his celebrated repou eL 1899, that The Su-
preme Court is not the lnbunal in The last
resort, lo determine constitutional ques-
lions. Bul whaI is the legitimate infer
ence from this eApeSsiou Clearly ual
II is the tribunal IN the fIst resort; aud II
IS so: Tie Constitution ol lbe Ugped
Slaes Itself has so declared II 10 be.
There is sn appeos in effect from ibis III
hUual To Me Siales, acnng together IA HE
manner prescribed by Tie ConsuIuIOn for
anerdmruls thereof, as have slated be-
fore. ..... .-..... .r.Ia
/ The human mind can hsr ly devise g
tribunal IN tie GOverumcut Of Ihe UDned
States, ,hal " Ill be more likely 10 give a
lar, sound, aud Impartial decision ol all
constitutional quesllUns, arising 10 The
| Legislation ol Congress, Than lbe Su.
[rleme . Cuun. T6s President OF the
United States who is chosen by The peo-
pie, uomlnaIes The Judges Of The Supreme
Courl, aud The Senators who represent ibe
several States, Rouhrm or reject such
nomlssllon as msJoIty ol them may
! determine. Thus each Stale, gleal OF
small, 10 this Union, has fair and equal
voice IN The selection Of these Judges, who
are To pass upon The acIs OF EoDgres.
! These Judges are sworn 10 fupp'rt he
( Constitution; hey can nein'r gain nor
lo.e, BY any JSdGmons they can give;
they hold iher Offices during good be-
bsviour, and their salaries cannot be re-
duced during their continuance in Office.
What motive have they 10 violate The
Constitution, or 70 PermlIh 10 be violated
by others They are citizens Of The
sseverol Slsles: every decision bey pass
must operate upon her on rIehis as ell
zens Of the STATES, as well ss upon the
rights OF all other cluzeDs ol all the sisies.
They ere removed as lsT as possible from
oil motives 10. DO wrong, aud sSs under
The highest, lhe most sacred obligations ~
do right. But the minority now IepudI-
ale this hugh and Ihp~IIisl 'HbunaIi snh
uhsi is Ihs substitute II.sy inslsi on ior a.!
TLeu mtory - ,nsr zach Srptrnie Slsle,
great or smoil, IA Il1, UmO0, shah jiaige
nl the InlfsciInns 81 the CONSTITUTIONS by
CUngiess, sDG Shall Grt nFOn ilsai Jndg- (,
HenI. Thus making an Interested pAly,
Judge IN hls uwncssr. ,s-f .s-s r
Ml. Chairman, I.r grcaI evil IN s!i the
Eurnpesn t;"vrInwrUIs, sg'epi and
mOdeTn. has be- a.. ihat The minority have
ruled elhrr by fraud, or luIc,. The PEG
pie Vl Ihe ULu, q Saies. as suOn ss tGe>
had IhGu~H u lhr tpieIgp Joke, aii"p.rd. |,
as liIe luuhauepIsl prnclp.e, as lhe uuly
RfpuGiiegn pE.sriplr. 10 ali hreH Go'rfm.
m-nts, u'ss the mGjoniy should role. 2
Ihls was eonsIeerrU "a cAEdIusi, sacIed. .
p,ineIp!e. The pnIy cheek ttsy deemed