New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-04-02
FEDERAL CONSTRUCTION OF THE 0oNsTI-
TUTTOU EsTABLIeHED.

| rBDERAI ooHsrRUcr1oH OF THE 0oNsr-
TUTIOH EeTABLI6HED.
Tbe oonstruotion Of Ill Gases in law and
| annitv ariein9 under the constitution Of
tina limited Etetee, and the construction Of
| An laws made In pursuance thereof, are eX-
clusiyely vested In the judicial courts of the
United States.-Reso!xtions Of Massaehss-
| setts, 1898.
| I think it clear, cir, that the constitution
BY express opinion, by definite and uneQuiv-
ocal words, - we'll - by necessary impli.
cation, has constituted the Supreme Court
OF the United States tho appellate tribunal
| in oil cases Of constitutional nature which
assume the shape of . suit In law or
equity.-Mr. Webster's reply to Mr.. Calhoun.
The Democratic press Of the South has
been greatly delighted with the decision
of the Supreme Court in the matter of the
citizens Of Grant parish, Louisiana, sr-
rested for violation of the act of Congress.
As We read the decision it is that, if Q
citizen obstruct the exercise of suffrage
for any other offense than that constituted
by federal statute, such offense is properly
cognizable by the courts of the State. The
defect, then, Of proof on special count
alleging that the parties indicted had OBJ
structed the right Of the voter because of
his race or past condition, was the reason
why the federal courts could take no juris-
diction in the matter.
Thus the federal ju dietary decided the
right of the State. It fixed the limit of
State jurisdiction, and assigned its prov
ince In accepting this decision the De-
mocracy acknowledge the paramount
authority of the federal judiciary over
that of the States. In arguing this propo-
sition we shall resort to the highest State
right authority to prove that the Demo-
cratic party did not before the war recog-
nize the authority Of the federal courts to
decide any matter in which the rights Of q
State were broughtin question. The ear
lest occurrence Of this question arose
under the alien and sedition act. The
Legislature of Virginia then affirmed that
the separate States were sovereigns, who
Have the right and are in duty bound to
interfere for arresting the progress Of the
evil (the exercise Of excessive powers by
the federal government, and for maintain
ing within their respective limits the au-
thorities, rights and liberties appertaining
to them.
It is apprehended that the violation Of
these principles may ''consolidate by de-
grees into one sovereignty"
Had [says the able address accompanying
these rusolutions] the States been despoiled
of their sovereignty; had the federal gov
eminent been endowed with whatever they
should judge to be instrumental toward
union, justice, tranquility, common de-
Tense and general welfare, and tho preser-
walton Of liberty. nothing could have been
more frivolous than the enumeration of |
powers.
Yet, this consolidation into one national |
sovereignty; this very exercise by the
federal government of the power to do
whatsoever it should judge to be instru-
mental toward union, justice" and other
duties, has been established,
and all who accept the result of the war
IS embodied in the fundamental and
statute law, and all who accept the de-
,isions of the federal courts as the ex-
oonent of these powers, abandon the doc
rine Of State sovereignty, and accept the
doctrine of national and universal SOW
,reignty. We turn to the next authentic
of State sovereignty. 1t
will be found embodied in the Fort Hill
address of John C. Calhoun.
There is pleasure in reading the calm
md philosophic reasoning of such man
md of such q mind Plato or Socrates
lever spurned with more contempt the
aid which prejudice would bring
o reason. No epithet or insinuation
'gainst the motives Of those who differ is
ound in his logical and luminous dis
curse. He regarded the sovereignty Of
be State as . guarantee Of the rights Of
Is citizens. he founded this redoubt as
heir most efectual defense.
What does Mr.. Calhoun say? He aAirms
hat to deny to the States the right Of pro-
Getting their reserved powers and to
Vest in the general government lit mat
ers not throug h what Department. the
ight of determining exclusively and finally
be rights delegated to it, is Incompatible
nth the sovereignty Of the States and of
he constitution itself, as the basis of fed
raj Union.
he then treats at length and with great
bility the proposition that the federal
ldiciary-
Affords IN independent tribunal, through
'hich the government may exercise the | 8
Ugh authority which is the subject of con-
Iteration with perfect safety to all.
This proposition Mr.. Calhoun proceeds
} refute. he first avows his respect for
le judiciary, but afirms that it was I
ever
Intended by the constitution that it {
lOuld exercise the power in question, or 9
lat it is competent to do SO, and that, if it
ere. it would be q safe depository Of the e
over. q
We can only advert to the objections to t
q competency Of the judiciary on one
ound which the vigilance of this great a
gioian would not allow to be occupied =
any antagonist strategy 1t is an ex- I
'sition at present literally verified, that !,
The judges are in fact as truly the Judi I.
Il representatives of this united majority :
majority compounded of the majority Of I
ates taken o. competent bodies, and this &
ajority of the people of the States est. q
Ated in federal numbers as the majority =
Congress itself or the President is legis Il
tive OF Executive representative; and to e
nfide the power to the judiciary to deter :,
a. hot j II