Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-05-10

- 1G1A ~ 49, 1NN ~
anybody. Every citizen has the right
to the benefit Of the decision ; and If the
General was but in error at the begin-
ming, to persist in a course decided to be
Illegal, would be the committal of a
crime. Or, II he is bound by the deei-
sion, is he alone bound, and can any
other General repeat the action decided
to be illegal
There is a simple and sure solution OF
these questions. A State acts, speaks
and decides through its constituted au-
thorities, by means Of them, and by
means Of them alone: and, on the other
hand, their action, within the sphere oi
their authority and Jurisdiction, Is the
action Of the State. Moreover, the action
Of the State, thus taken, Is in law the
action Of every citizen Of the State. a
declaration of war is the act Of every
person in the State, and no n Is any
the less an alien enemy of the State with
which his country is at war, because he
opposed and voted against the a The
State, by her Legislature and Governor,
ensets the laws Of the State. All legiti-
mate Executive action is the action OF
the State. The several States, united
under the Constitution, and assembled in
Congress, Themselves enacted the laws
passed in Congress and approved by the
President. The Executive action of the
President was the action of all and each
of these States.
Each State agreed by her Constitution
that she would again examine and con-
slider any OF her laws, when it should be
alleged and properly put in issue in a
suit at law or in equity, inst such law
was contrary to the Constitution, and
therefore void. All the States agreed,
by the Constitution of the United States,
that they would in like name re-ex-
anime and consider the laws Of the
United States, and certain laws of any
Of the States, when it should be in like
manner alleged that these were contrary
to the Constitution of the United States,
which was the compact between them,
or that they violated any right Of any
citizen, vested under a law or Treaty Of
the United States.
This denomination was to be made
by the State or by the United States,
that is, by all the States, judicially, that
is, by inquiry into the strict justice and
right Of the matter, by the exercise Of
the judicial power, which is cold, calm,
p~assionless, and weighs Constitutions,
Laws and Contracts in the same impair
tiaI balance Of reason. II a State did
not exercise this power, it would exer-
else only q portion of its sovereignty.
To administer justice, the State agreed
to sit, by her Supreme Judges, in her
Court of last resort and all the States
agreed 10 sit, By their Chief Justice and
Justices, ia the Supreme Court Of the
United States.
When the Supreme Court of a State
decides the law Of the State to be uncon-
stitutional, no matter in what suit, or
who are the parties to 1t, it is a decision
and declaration by the State itself, in
the Supreme Court, not that she enacted
the law improvidently, and that it Is no
to be regarded as a law, but that
it never trds the law, nor her act, be-
cause she never com missioned her Leg
Islature to enact or her Governor to ap-
prove, a law in violation of her own
Constitution, or Of the Constitution Of
the United states and therefore, in n
acting and ~spproving il, they were not
within the sphere Of their author
in which case alone their action was
he action Of the State.
So when all the States, sitting in the
Supreme Court of the United States, by
heir Justices, whom they had clothed
or certain purposes with the Supreme
Judicial power, decided s. law Of a State
be unconstitutional, or in violation Of
,ome right under a law or Treaty Of the
United States; or a certain provision Of
National Constitution to have a GER
ain meaning, it was a decision and sol
smn declaration by these States, that the
was not the act Of the State, because
The never commissioned her Legislature
md Executive to enact and approve a
aw which she had solemnly agreed not
o pass, and which therefore she could
lot pass, and claim the right to continue
n the Union and this was her decision
md declaration, as well as it wss that
# all the other States and in the latter
,ase, all the States solemnly declared and
made known, what they all meant and
Intended by the particular provision Of
he Constitution, and how it was to be
understood by all.
When the States had thus declared, no
Department, officer or individual could
,ontravene the declaration. 1t was in
their declaration, whatever might be
heir individual opinion. Even the
States, as long as the Government andS
Union continued, could avoid the declar-
.tion and decision Rgy by n overrul-
ag it, made o. them in the same Court.
And so, when the States, sitting in
congress, had enacted a certain measure,
md by their President had considered
md approved it and then, sitting to-
either in their Supreme Court, had sol
.mnly adjudged and determined that it
7as their act, because it was in conform
with the Constitution, and done in
he lawful exercise of the powers granted
y hat instrument, a citizen CT an off,
er might retain 8 contrary opinion, as
,e migAt believe a war unjust or unnec-
But as the war would neverthe-
ass be his set, so were the enactment of
be measure and the decision that it was
Constitutional. And when the States
lad so declared, and their decision and
declaration continued unrevoked, who
vas ANDREW JACKSON, that he should
onstrue the Constitution as he under
TODD it, and hold the measure u-nconsti-
Itional aud who was JOHN TYLER,
bat he should do the same?
Tits is why the decisions of the Su-
RENE Court settle the questions which
hey decide. II an Autocrat, clothed
nth all the powers of government, were
D enact a law, and afterwards, on com
lsint by an sggrieved subject, were to
ecide that the law was contrary to nat
raj Justice, and therefore void, who
ould afterwards pretend it was still in
II he himself were afterwsrd
to act as if it were 50, what
anne could be invented that would ade-
express the infsmy of this IN
card oftyrsnny? If he decided his law
be valid, what Sstrap or P~roconsul,
wing only by the breath Of his favour,
Juld act upon the assumption that it
as void for want Of authority ? The
are Autocrats; and they alone.
I'D that only in their Supreme Court
I'D by their Judges, can faaly decide
leir own laws, enacted by them in Con-
-ess, 70 be In violation of the compact
them. II they, there, decide
lem Constitutional, all their officers
Just act, in all official matters, a if that
were their own opinion.
This power, so vested in the Supreme
0UFt- il a grave ono the xr.e., -o-