Slavery and the ConstitutionBowditch, William I. (William Ingersoll)
Religion
Slavery and the Constitution
Bowditch, William I. (William Ingersoll)
Enslaved persons -- United States -- Social conditions; Slavery -- United States
"But, where the question is of a different nature, and capable of
judicial inquiry and decision, there it admits of a very different
consideration. The decision then made, whether in favor or against the
constitutionality of the Act, by the State or by national authority, by
the legislature or by the executive, being capable in its own nature of
being brought to the test of the Constitution, is subject to judicial
revision. It is in such cases, as we conceive, that there is a final and
common arbiter provided by the Constitution itself, to whose decisions
all others are subordinate; and that arbiter is the supreme judicial
authority of the courts of the Union" (Story, Comm. Const. sec. 374,
375); for the Constitution declares, Art. 3, sec. 2, that "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," &c. And Art. 3, sec. 1: "The
judicial power of the United States shall be vested in one supreme
court, and in such inferior courts as the Congress may from time to time
ordain and establish."
These constitutional provisions are clear. The Constitution and laws and
treaties of the United States are declared to be the supreme law of the
land. To expound what the law is, is a judicial act. The judicial power
extends to all cases arising under the Constitution, laws, and treaties
of the United States. It therefore extends to the exposition of the
Constitution, laws, and treaties, when the case before the court
properly calls for such exposition. This judicial power, and
consequently this power of exposition, it is declared, shall be vested
in one supreme court, &c. Most obviously, the exposition given by this
one supreme court cannot be overruled by any other constitutional power;
else the court is not supreme, else the Constitution is nullified. The
decision of the supreme court is the decision of the _only
constitutionally authorized expounder of the meaning of the
Constitution_; and such exposition, to be supreme, must be final.
What, then, has this final interpreter declared the meaning of these
clauses of the Constitution to be?
APPORTIONMENT OF REPRESENTATIVES. (Const. Art. 1, sec. 2.)
On the 5th of June, 1794 (Stat. 1794, c. 45), was approved an Act of
Congress, "laying duties upon carriages for the conveyance of persons."
The duty was uniform throughout the States. One Hylton, in Virginia,
refused to pay the duty; alleging that the Act was unconstitutional,
because the tax was a direct tax within the meaning of the Constitution,
and therefore should have been apportioned among the States according to
their federal numbers. He was sued by the United States, and finally the
case came before the supreme court of the United States for decision.
The following extracts are taken from the opinion of Justice Paterson
(Hylton _versus_ the United States, 3 Dallas's Reports, p. 177; 1796):--
Public-domain text, read in full here on John Shaqi.
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