of a criminal misapplication of the public money, for the to show, and he did prove, that the facts alleged as the most corrupt private purposes. This was not the first foundation of the motion were not truc. Would to God time when this transaction had been made the subject of it were in the power of Mr. Randolph to make a defence discussion. Both within and without those walls, it had equally satisfactory--although some gentlemen may have been regarded as a measure resorted to purely for the taken the opportunity afforded by this motion, to manifest purpose of supplying the weakness of the members of long cherished prejudices against Mr. Randolph, I desire Government, by calling to their assistance the talents of it to be understood that I have never entertained any the right honorable gentleman, (Mr. C.) talents too useful hostile feelings towards him. It so happens, sir, that there indeed to languish in obscurity. It had every where been is not a member of this House, who has so uniformly ap asserted that there were no public grounds for sending proved of the political course of that distinguished genan ambassador to Lisbon after the conclusion of the Pe-tleman as myself. I have admired the man, not because ninsular war; that it was a disgraceful waste of the public he owned land and negroes, (which is the only merit one money, and solely to be attributed to the lowest species gentleman from Virginia, [Mr. COKE,] who spoke early in of political barter and intrigue. The papers which had this debate, could discover in him,) but my admiration been laid upon the table of the House, fully proved that was founded on higher considerations. I admired him for the mission to Lisbon was undertaken with no prospect of daring, in the worst of times, to speak the truth on this advantage to the interest of this country in its political or floor, regardless of the abuse which his independence commercial relations, but with a view solely to the politi- and honesty never failed to receive from the court sycocal, and he might almost say commercial advantages of phants of the day. I admired him because he would not the ministers themselves and, for these sinister objects, blindly follow his party, when his party abandoned the they consented to add to the burdens of the people, principles which brought them into power. Another already groaning under the weight of an insupportable reason, sir, for my admiration of him, was that his course taxation." on one occasion bore some faint resemblance to my own.

You will notice, Mr. Speaker, that if the facts stated He abandoned Mr. Jefferson, when Barnabas Bidwell by Mr. Lambton, as the foundation of his motion, had joined him. I departed at some little distance from Anbeen true, his Majesty's ministers would not have been drew Jackson, whien Martin Van Buren got the full manguilty of a greater delinquency than is our Secretary of agement and direction of him.

State for the appointment of Mr. Randolph as our minis- I did most sincerely lament the appointment of that ter to Russia. In one important circumstance, the abuse man to the high office of Secretary of State. I lamented on the part of the American Secretary is greater than it, because I feared that he would labor to introduce into that of the British ministers. One ground of complaint the Government of the whole Union the same corrupt against the British ministers was, that there were no public system which has so long disgraced the politics of his grounds for sending an ambassador to Lisbon. It was native State. The pride of Virginia seemed to be offendtherefore only the unnecessary expenditure of the public ed, when it was insinuated that the appointment of one money, in paying the outfit, salary, &c. to Mr. Canning, of her popular citizens was designed to make Virginia that could be complained of. But, in our case, it is ad- regard favorably the aspiring views of the Secretary of mitted that the constant residence of an American ambas- State. Whatever effect the corrupt dispensations of the sador at St. Petersburg is highly necessary for the patronage of the Government might produce on other interest of this country. So that, sir, while we are put States, Virginia is too pure to be influenced by such to the expense of paying the outfit and salary of an means. ambassador, we remain unrepresented. We have not It must have humbled the lofty pride of your great only to complain of the profligate waste of the public State, Mr. Speaker, when she beheld the very Cato of money, but, in addition, the Secretary of State has to an- the cominonwealth fall before the first and the only swer to the American people for the neglect of their import-temptation ever presented to him. I have, said Napoleon, ant interests at St. Petersburg, at a very critical period. only to touch the sturdy democrat with gold, and he beAt all events, the case which I have referred to, comes my slave forever. It is upon this bad opinion of establishes the fact, that motions, similar to that which I mankind, that your Secretary of State always acts, and submitted, are not unusual even in the British Parliament. it is indeed the great secret of his success.

I will now proceed to inquire whether the motion was Unless there shall be found firmness, patriotism, and considered unparliamentary or disgraceful. Lord Castle-independence in this House, to resist this first open reagh was minister at the time, and present in the House attempt to bestow the public money for the private adof Commons when the motion was brought forward. Did vantage of the Secretary of State, we will teach him still he, sir, like the representative of our prime minister, more to despise mankind, and to believe that they are acknowledge the truth of the fact alleged as the foun- only fit to be slaves.

dation of the motion, treat it with insolence, call it dis- The principal objection which has been urged against graceful, and rely upon a subservient majority to sanction striking out the appropriation, is, that it will put an end the abuse? No such thing appears from the proceedings. to our friendly relations with Russia. My own opinion is, So important did Mr. Canning himself view the charges that it will have no such tendency. So far as our friendly preferred against him, and the ministers from whom he relations with Russia depend upon the residence of an received the appointment, that he made in his defence the ambassador at St. Petersburg, our Secretary of State has most able, dignified, and eloquent speech which I have already put an end to them. And the success of the ever read. He nowhere pretends that the motion was original motion would have the effect of restoring our unparliamentary or unusual-much less, sir, did he call it customary intercourse, by compelling the recall of Mr. disgraceful. He admitted, that if the charges preferred Randolph, and the appointment of a more efficient man. against him were true-that if it were true that he had But as the fear of interrupting our friendly relations with consented to take an office for the mere purpose of re- Russia would influence some gentlemen to vote against ceiving the salary, without a prospect of rendering any my motion, but who nevertheless are decidedly opposed public service, he would be forever disgraced, and that to this disgraceful job, I came to the determination of it would disqualify him from serving the public, with credit nodifying the motion in such a way as to mect with the to himself, or with advantage to the State. Sir, Mr. approbation of every one who agrees with me in believing Canning did make a most triumphant defence; but no that this transaction ought not to escape the censure of the part of his defence consisted in vulgar abuse of the mover House.

of the resolutions against him. He thought it necessary Mr. BUCHANAN, of Pennsylvania, said he did not

H. of R.]

Minister to Russia.

[FEB. 8, 1831.

rise to pronounce a eulogium either on the Secretary of I admit that, in the present agitated state of Europe, it State, or the minister to Russia. This task had already would be highly proper that we should have a minister been sufficiently performed by their friends. Neither did actually residing at St. Petersburg, and I regret exceed he rise to assail the motives, or to attack the character, of ingly that Mr. Randolph's health did not enable him to reany gentleman upon that floor. Such a course had never main in that city. But who could have predicted, at the been, and he trusted would never be, pursued by him. time he left this country, that such a necessity would have He rose, very briefly to state his own reasons for voting existed? Europe was then tranquil: she was reposing in against the amendment under consideration. peace. There was no precursor of the approaching storm, Judging from the discussion of the question on all sides unless it was the stillness which portends the earthquake. of the House, one might be led to suppose that some of The madness and folly of a single despot have aroused the the best settled principles of constitutional law had been people of that continent to vindicate their rights; and I abandoned, and that, after an experience of more than trust in God they may never lay down their arms until the forty years, we are still left in doubt and uncertainty as liberties of each of its nations shall be secured by constito the powers which the constitution confers on the Ex-tutional charters.

ecutive branch of this Government.

On this subject, that When Mr. Randolph sailed, the President could not instrument is so plain, that he who runs may read. It have foreseen any of these events. Our relations with confers upon the President of the United States, by and Russia had always been of the most stable character. The with the advice and consent of the Senate, the exclusive absence of our minister from that court, during the inclepower of making treaties with foreign nations, and ap-mency of the winter months, could not have operated to our pointing public ministers to negotiate these treaties. Both prejudice, in the then existing state of things. Under the minister and the treaty are called into existence, with-such impressions, was it improper for the President to out the agency, either directly or indirectly, of this House. give to Mr. Randolph a contingent permission to leave The people of the United States have entrusted, and, in" temporarily his post, for the advantage of a more genial my opinion, wisely entrusted, our foreign relations to the climate," in case he should discover that his health was President and Senate. To the people, and not to this not sufficiently vigorous to endure the severity of a Rus House, are they directly responsible for the proper execu-sian winter? And yet this circumstance has been seized tion of this high trust. upon for the purpose of making a most bitter and violent

It is true that, in many cases, the House of Represen-attack upon the present administration. tatives are called upon to make appropriations for carry- But, said Mr. B., the original motion has been changed ing treaties into effect; and, in all cases, we vote the out- with the approbation of the mover; and now, instead of fits and salaries of our foreign ministers; yet, it is equally merely depriving Mr. Randolph of his salary, it contains a certain that we are under a high, moral, and constitutional general provision depriving all the foreign ministers of the obligation to make the grants of money necessary for these United States of their salaries for any portion of time they purposes. I do not say that extreme cases may not exist, shall be absent from the country to which they may be in which it would be our duty to refuse such appropria- sent, no matter for what cause. The provision is general tions. The safety of the people is the supreme law; and in its terms; it makes no exceptions; what, then, is its naif their rights and liberties were endangered by any trea- ture? The salaries of our public ministers to England, ty, or any mission, it might then become the duty of this France, and Russia, are notoriously inadequate for their House even to disregard their constitutional obligations, support. Indeed, it has now come to this, that no man for the purpose of preserving the republic from danger. Should such a case ever occur, it will make a precedent for itself. I think no gentleman will contend that it exists on the present occasion.

having a family, unless he is wealthy, can afford to accept any one of these three missions, without danger of being ruined in his circumstances. In opposition to every principle of our Government, no poor man who is prudent would accept either of these stations.

It is not my purpose either to applaud or to censure the appointment of Mr. Randolph as minister to Russia. A minister thus sent abroad, is equally liable to sickness He was regularly appointed to this station by the Presi- with all other men. We know not what a day or an hour dent and the Senate. To them, and to them alone, it be- may bring forth. Ile may leave this country in the most longed to judge of his character and qualifications. And vigorous health, and, after his arrival at the place of his here, after what has been said in this debate, it is but jus-destination, he may be prostrated in a moment by sicktice to state that the nomination of Mr. Randolph was ness, or his health may be impaired in the public service the spontaneous act of the President himself, and sprung by severe and close attention to the duties of his mission. solely from the suggestion of his own mind. This nomi- Under such circumstances, it may become absolutely ne nation, thus made, received the approbation of the Senate. cessary, for the restoration of his health, that he should It appears from their secret journal, which has since been for a short time leave the country. Should this amendpublished, that, in that body, there was not even a divisionment prevail, it will deprive a minister of his salary du upon the question. I have a right to infer that the Pre-ring the time that he absents himself, merely for the pursident's selection was unanimously approved by the Sen-pose of recruiting his health, even although his constituate, because it does not appear that there was one dissent-tion may have been shattered by his laborious and anxious ing voice. Whether this be the fact or not, I cannot tell, endeavors to serve his country. The means of subsistbecause I have never had any communication with any ence will thus be withdrawn from him, at the very time Senator upon the subject. when necessity will compel him to incur the greatest exUnder these circumstances, shall we withhold the mo- pense. Is it possible that this House will ever sanction ney necessary to pay the salary of the minister thus ap-so unjust a principle? Such a principle has never even pointed? Shall we arrest this mission to Russia, which been suggested in the past history of our country. Shall has been long established with great advantage to the we now adopt so unjust a provision, and apply it to all nincountry, because we do not approve the conduct of the isters, under all circumstances, merely because at the prepresent minister? He is responsible for his conduct to sent time we may be dissatisfied with Mr. Randolph's ab the President, and the President himself is responsible to sence from the Russian court? I cannot believe that this the American people. From that responsibility it is not proposition will receive the sanction of any considerable in his nature to shrink. The constitution has not confer- portion of this House. red upon the House of Representatives any power to arrest a mission, merely because they may be dissatisfied with the appointment or conduct of the minister.

Mr. BATES, of Massachusetts, said, as I perceive it is the intention of the House to take the question, I will not trespass upon its patience, and will only state the grounds

FEB. 9, 1831.]

Reports of the Judiciary Committee.

[H. of R.

upon which I place my objections to the provision of the Executive for his every act. This is fairly inferrible from bill which is now under consideration, and, of course, the facts that the minister would not be likely to violate upon which I shall vote for the amendment. And, in the his instructions; that no intimation has been given that first place, I wish it to be understood that I have nothing to he has done it; that the President who introduces the do with the minister. I leave him to the commentaries subject into his message, admits that he had liberty to act and the eulogies of others. My objections rest upon an- at discretion, without a suggestion that he had abused it; other basis altogether. and, more than all, he is not recalled. This puts the seal Nor am I opposed to a mission to Russia. Quite the con- of the administration upon his acts, and appropriates and trary. And if the Committee of Ways and Means will so stamps them as its own. Such was the understanding, change the phraseology of the bill, as to make the appro- then, between the Executive and the minister. Was this priation general, for the support of a minister, or mission communicated to the Senate! Had it been, it is imposto Russia, it will stand well enough. The responsibility, sible the nomination could have been confirmed. If, as in relation to this mission, will be left where it belongs, suggested by the gentleman from Pennsylvania, [Mr. and where it ought to remain, upon the Executive, unaf- BUCHANAN,] the Senate was unanimous, it must have been fected by the doings of this House. But the bill in terms through ignorance of this fact. It was then an appointmakes an appropriation to pay "the salary of the minister ment according to the forms of the constitution, defeating to Russia." Who is the minister to Russia? Mr. Ran- the purpose of it. Nor can I sanction by my vote the condolph. It is, therefore, a distinct, specific provision to duct of the Executive in relation to this mission. I deny pay his salary, and the salary of his successor, I admit, the power of the President to dispense with the services should one be appointed within the year. But, in my of a public minister, and to release him from his obligaview, it recognises, and confirms, and justifies all the pro- tions to the United States, continuing his mission and his ceedings of the Executive in relation to this mission. Sir, salary. The occasional recess, even of our ministers can this be doubted? Should a question arise as to the abroad, is matter of indulgence, not right. Or, if the Exlegality of this mission, or the expenditures of the Govern- ecutive has the power, I affirm that here was an abuse of ment in support of it; and such question may arise--would it. Hitherto, only ten or fifteen days in Russia! In the not this House be estopped by its own act from questioning present condition of the world, and our relations to it! either? With the knowledge of all the facts as to the ori-Not an accidental, an unanticipated absence, as intimated, gin and progress of this mission, or the means of know-but as certain when the minister left the country as it is ledge within its power, we order the outfit and salary to now-too probable at least to be justified. be paid. This is an authority to the Executive, and it I say, therefore, in conclusion, that the conduct of the confirms and justifies his acts. Whatever doubt there Executive in these particulars was unconstitutional, and might have been about it, had no objection been taken, a dangerous innovation which I am not prepared to yet, if Congress now refuse to interpose a clause to pre- sanction. It is upon these grounds I place my vote, and vent the objectionable implication, it seems to me that it not upon any objection to the minister or mission; and at is inevitable. Now, sir, I will not confirm by my vote the this hour I content myself with simply stating them. proceedings of the Executive in regard to this mission. Mr. ARCHER then rose to address the House; but, to I cannot reconcile it to my sense of duty to sanction, even give him a better opportunity than the lateness of the indirectly, what, in my conscience, I believe to be a dan-hour now permitted, gerous innovation in the practice of this Government. Mr. BARRINGER moved an adjournment; and Wherein, I will state presently. The House adjourned.

But we are here met with the objection that this question ought not to be raised upon an appropriation bill; that it is irregular, unparliamentary. The gentlemen who make the objection do not tell us how it can be raised in any other way in time to meet the exigency. They only tell us this is not the way. If there be another, let it be shown. Sir, there is none. If this is not the way, then this House is reduced to the slavish condition of the Commons of Henry VIII, and our only business here is to vote the supplies. It is not so, sir. When an appropriation is demanded, this House has a right to look at the object; if it approves, to grant; if not, to withhold. This is the old Whig principle, which this House will be slow to give up. When the Executive acts within his constitutional sphere, and according to the established usages of the Government, it does not become this House in any way to interfere.

WEDNESDAY, FEBRUARY 9.

REPORTS OF THE JUDICIARY COMMITTEE. The resolution to print six thousand copies of the reports of the majority and minority of the Judiciary committee, on the subject of the repeal of the 25th section of the Judiciary act of 1789, being again taken up for consideration,

Mr. CRAWFORD said: To address this House upon the subject-matter, of two reports, on a proposition to print them, and to sustain the one, or impugn the other, would be alike irregular and unprofitable. I can have no disposition to speak to a settled question, and particularly to one that has been decisively settled, but have risen for a special purpose, which shall be accomplished in brief space. When this resolution was under consideration two In such a case, I admit our obligation to vote the sup- days ago, the honorable gentleman from Virginia [Mr. plies. But when the Executive does not, it is going quite GORDON] complained of the demand made for the pre=too far to say that this House is bound to vote the supply vious question, on the rejection of the bill for the repeal of notwithstanding. This brings us to the question whether the 25th section of the judiciary act of 1789, reported by on the part of the Executive this mission can be sustained a committee of which that gentleman is a member. I beg and justified upon the constitutional and established leave to say to him and to the House why I made it. I usages of this Government. I say it cannot. And, in the hope, although I have been here but a short time, it is first place, the object of the appointment, it seems to me, unnecessary for me to state that nothing was further was not solely for the benefit of the people, nor in any from my thoughts than to show the slightest disrespect to way for the public good. Nor can I approve of the man- any member of this honorable body. I was, in due parner of the appointment. Who can doubt what the un-liamentary course, exercising a right which belonged to derstanding was between the minister and the Executive me, and which I then thought, and now think, duty rebefore his nomination to the Senate, the extent and boun-quired me to use, against a bill that involved consideradaries of which, events have since indicated? He was au- tions of the first impression, and presented a question, thorized to do precisely what he has done, as much so as upon the decision of which the best interests of the counif he bad had in his pocket a license under the seal of the try were staked.

VOL. VII.--42

H. OF R.]

Reports of the Judiciary Committee.

[FEB. 9, 1831.

The constitution is as broad as the law, and the stroke ed by the will and opinions of their constituents. The that shall cut off the 25th section of the judiciary act from honorable member from Pennsylvania [Mr. CRAWFORD] our code, will inflict a fatal wound upon the charter of supposes that it would be highly improper to investigate our common rights. I was, therefore, unwilling, if I or agitate a subject of this character, as it would be the could prevent it, to allow these States to be agitated and means of awakening inquiry among the people; and hence, distracted, even for a day, by the supposition that any in all probability, produce all over the country an excite doubt existed on this vitally important subject. If it was ment against the court. This was a laudable opposition debated, it appeared to me that anxieties and tormenting to a measure of so much importance, and well deserves apprehensions, during the discussion at least, would enter the admiration of an intelligent, free, independent, and into the minds of many, and that the very fact of its being sovereign people. The motives which influenced the argued would imply that the issue was doubtful. Had it course of the honorable gentleman, strange as it may ap been so--still more, had it been adverse to my wishes, I pear, led other gentlemen to vote against the discussion should have deplored it as the greatest political evil but of the bill. To submit a proposition for the due deliberaone. I did not believe it was so, or that it would so result, tion of the people of this Union, appears, in the eyes of and desired that an immediate decision might be had-the aristocracy of the country, and even by some who call that the sense of its representatives should be made known themselves republicans, a subject of censure rather than to the nation without delay. commendation. Those who consider themselves superior

In addition, and perhaps it operated more than any to the people, are always jealous of any measure that other consideration that impelled me to the course I pur- would tend to reduce them to a level with the source of sued, I hold some parts of our politica! fabric to be of so all legitimate authority in this country. Mr. D. said he sacred a character, that they are injured by familiarity. had every confidence in the virtue and intelligence of the They ought not to be touched with an intention to destroy community. He had been taught from his infancy to look them. You cannot but lessen their sanctity by handling up to them as the pure fountain of power. The great them. Of this description are the constitution, and the error into which many distinguished individuals have particular law now in our view, which is but an amplifica- fallen, is not placing a proper estimate on their intellition of it, sanctioned as they have been, and are, by forty gence and sagacity. This error attaches itself with great years' action, and the approbation of the country. Besides, force to those gentlemen who have opposed the repeal of if this subject is to be discussed, I do not believe "now the twenty-fifth section of the judiciary act to which I is the accepted time;" and, if it were in other respects, have alluded. They have no confidence in the people, the residue of the session will not afford sufficient space and are afraid to submit to them any proposition to which for the considerateness and gravity of reflection which they are opposed. Why this apprehension? Is it be all should and would bring to such a debate. These, sir, cause they believe, if submitted to the judgment of the are briefly the reasons which actuated me. I wish they people, that the decision will be against them? Or is it to were satisfactory to all; to myself they are perfectly so. be ascribed to an overweening vanity that the agents know In regard to the proposed printing of three thousand, more than the principals? To such public servants let it now enlarged to six thousand copies, I confess I do not be said, that, in their hands, the republic is not secure. perceive the necessity for it, seeing that copies of both The motives of members of this House are not to be im reports have been multiplied, and are multiplying, by all peached, nor will it be attempted on this occasion; yet it the newspapers of the day; but as many honorable gen- may be said, and said truly, too, that in this House there tlemen think differently, and especially as the minority are three parties, and, by a union between any two, a desire that the resolution should pass, I will cheerfully measure proposed by the other can easily be defeated. It yield my own opinion, and vote for it. was clearly perceivable, when the bill was rejected on its Mr. DANIEL, of Kentucky, then rose, and said, the second reading, that a union of this character took place; motion now under consideration was of ordinary occur- and it was manifest to every observer, that the object of rence, and assumed importance only from the fact that its rejection was to operate against a distinguished indithe measure recommended by the report did not receive vidual of the South. Disunion and nullification were from this House that consideration to which it was entitled instantly made the watchword, and every yelper of a par by its merits, by the principles it involved, and by the ticular cast immediately joined in the cry. But this movedeep and pervading interest which it had excited in the ment shall be noticed more fully hereafter. community. It may not be strictly in order, said Mr. D., to debate the merits of a report on a motion to print, but the reasons necessary to sustain the motion may, however, be urged with propriety. In order to correct any abuse that may have found its way into the statute book, or into "A final judgment, or decree, in any suit, in the higher the administration of the Government, let facts and argu- courts of law and equity of a State in which a decision in ments be submitted to the people; they are the rightful a could be had, where is drawn in question the va judges; and let them determine, with the evidence before lidity of a treaty or statute of, or authority exercised under them, whether a particular law, a section of a law, or any the United States, and the decision is against their validity; act of the administration, should be repealed, modified, or where is drawn in question the validity of a statute of, or corrected. Their decisions on all these subjects are, or authority exercised under the United States, and the and ought to be, binding on their representatives on this decision is against their validity; or where is drawn in ques floor. Many gentlemen in this House feel the full weight tion the validity of a statute of, or an authority exercised of this responsibility; and although all are honorable men, under any State, on the ground of their being repugnant yet it would seem (and in this light alone can the people to the constitution, treaties, or laws of the United states, view it) the rejection of the bill recommended by the and the decision is in favor of their validity; or where is report, before the period had arrived at which it could be drawn in question the construction of any clause of the discussed, and its merits laid before the public, was an constitution, or of a treaty or statute of, or commission attempt to stifle the investigation of a subject of great held under the United States, and the decision is against national importance-a subject about which the whole the title, privilege, or exemption, specially set up of country felt a deep interest, and demanded information. claimed by either party under such clause of the said com stitution, treaty, statute, or commission, may be re-ex amined, and reversed or affirmed, in the Supreme Court of the United States, upon a writ of error, the citation

Mr. D. said he had not supposed that a subject of such magnitude would have been so lightly passed over by a body of politicians who profess to regard, and be govern

Mr. D. said he would now take a cursory view of the twenty-fifth section of this judiciary act, and compare its provisions with those laid down in the constitution of the United States. The section is as follows:

opert

25 it

Perale

CONEY

and vel

theme

1231

[H. OF R.

the Congress may, from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. The judicial power shall extend to all cases in law and equity arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States; between citizens of different States; between citizens of the same State claiming grants of land under different States; and between a State and the citizens thereof; and between foreign 'States, citizens, and subjects.

"In all cases affecting ambassadors, other public ministers, and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make.

"The trial of all crimes, except in cases of impeach

State where said crime shall have been committed; but when not committed within any State, the trial shall be at such place or places as Congress may by law have directed."

It is provided in the sixth article, second section, that "This constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, any thing in the constitution or laws of any State to the contrary notwithstanding."

being signed by the chief justice, or judge, or chancellor of the court rendering or passing the judgment or decree complained of, or by a justice of the Supreme Court of the United States, in the same manner, and under the same regulations, and the writ shall have the same effect as if the judgment or decree complained of had been rendered in a circuit court; and the proceedings upon the reversals shall also be the same, except that the Supreme Court, instead of remanding the cause for a final decision, as before provided, may, at their discretion, if the cause shall have been once remanded before, proceed to a final decision of the same, and award execution. But no error shall be as a ground of reversal in any such case as aforesaid, such as appears on the law of the record, and immediately respects the beforementioned question of validity, or construction of the said constitution, treaties, statutes, commissions, or authorities in dispute." It will be seen that this section vests in the Supreme Court of the United States the right of judging in the last resort, of confirming or reversing the decision of the State courts, in all cases, civil and criminal, which may have been submitted to their adjudication. The tremendous power embraced in this section designates the particular class of cases of which the Supreme Court may take jurisdiction; but this does not lessen the evil of which the States have a just right to complain. Indeed, it is a powerment, shall be by jury; and such trial shall be held in the which draws within its vortex nearly every case that may, in the last resort, be decided by the State tribunals. By this section, the States are deprived of the right of determining on their own powers, and are made subordinate to the Supreme Court of the United States. The division of power in the federal constitution is intended to guard against the possibility of the States being reduced to the condition of inferiors to that which was created by their own voluntary choice. The powers delegated by the States to the General Government were intended to be adjudicated by a tribunal organized for that purpose by judicial authority. This tribunal, so far as authorized by powers delegated, is independent of the State tribunals, In the third section it is further provided, that "The and the State tribunals independent of it; each acting on Senators and Representatives before mentioned, and its own responsibility, and in the sphere of its own legiti- members of the several State Legislatures, and all exemate authority. To render the powers delegated by thecutive and judicial officers, both of the United States, States independent and sovereign, and for the States at and of the several States, shall be bound by oath or af the same time to retain their sovereign and independent firmation to support this constitution: but no religious character, were questions of delicate and deep considera-test shall ever be required as a qualification to any office tion by the framers of the constitution of the United States. of public trust under the United States." The conventions of the States to ratify the constitution of Thus stood the constitution, said Mr. D., when the juthe United States, and particularly the convention of Vir-diciary act of 1789 was passed by Congress, and approved ginia, composed, as it was, of her most distinguished by the President. The constitutionality of the 25th secstatesmen, objected to its ratification, because the due tion was then doubted; but it passed in company with powers of the States were not reserved by an express other provisions, indispensably necessary to the salutary clause. To obviate this objection, it was urged, and not organization of the federal tribunals. It has remained on without success, that, at the first formation of such an in- the statute book uninterrupted for many years, and age strument, perfection could not be expected; but that no has given it some claim to veneration. That plea has danger should be apprehended by the State rights men, often been asserted in its favor by the enemies of State as the constitution could be amended at any time, when rights. While the principles of the great revolution were experience should suggest the propriety of such amend-adhered to, this act was seldom, if ever, resorted to; but ments. It was believed by many of the sages of that day, as they have degenerated, that which was once considered that the constitution was sufficiently explicit, without an as usurpation is now appealed to as an evidence of right, express clause to guard against the usurpations of the Go- until the strides of federal usurpation begin to alarm the vernment just organized. Three distinct and separate de- most indolent. The spirit of indignation has already gone partments were formed, and the powers and jurisdictions abroad in the land, and the people are now seeking a belonging to each were limited by different boundaries. remedy for the evil. It cannot be stifled nor subdued, let To the judiciary department of the Government were the friends of power do what they may to repress it. In allotted the power and jurisdiction necessary and proper vain do we ask for the clause in the constitution that to render the Government perfect. But, said Mr. D., the authorizes a writ of error to be prosecuted from the deciwhole authority from which the advocates of supreme sion of the supreme court of a State to the Supreme power in the courts of the United States justified them- Court of the United States. The judicial power of the selves in enacting the 25th section of the judiciary act United States is vested in one supreme court, and in such alluded to, will be found in the third article of the consti- inferior courts as Congress may from time to time ordain tution, as follows: and establish; and the Supreme Court shall have appellate "The judicial power of the United States shall be vest- jurisdiction, and, in some specified cases, shall have origi ⚫ed in one supreme court, and in such inferior courts as nal jurisdiction. The appellate jurisdiction refers to the