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Updated: July 18, 2025
Ably seconded by the chief justice Stuart, the energetic governor succeeded in reforming the procedure of the higher courts of judicature and in establishing district courts after the model of Upper Canada. Altogether, twenty-one ordinances were passed which had the force of law. They were indispensable, in Thomson's opinion, in paving the way for the Union.
Dr. Douglas observed, that this was founded upon ignorance; for that the Bishops have sufficient power to maintain discipline, and that the sitting of the Convocation was wholly immaterial in this respect, it being not a Court of judicature, but like a parliament, to make Canons and regulations as times may require.
After much search, Lord Tinemouth had discovered that his daughter was under the protection of Sir Robert Somerset. Inflamed with rage and revenge, he sent to order her immediate return, under pain of an instantaneous appeal to the courts of judicature.
On the other hand, the lords appointed a committee to draw up a state of the case; and, upon their report, resolved, That every person being wilfully hindered to exercise his right of voting, might maintain an action in the queen's courts against the officer by whom his vote should be refused, to assert his right, and recover damage for the injury; that an assertion to the contrary was destructive of the property of the subjects, against the freedom of elections, and manifestly tended to the encouragement of partiality and corruption; that the declaring of Matthew Ashby guilty of a breach of privilege of the house of commons, was an unprecedented attempt upon the judicature of parliament, and an attempt to subject the law of England to the votes of the house of commons.
Marco; the shops and stalls where chickens, ducks, &c. are sold by auction, comically enough, to the highest bidder; a flourishing fellow, with a hammer in his hand, shining away in character of auctioneer; the crowds which fill the courts of judicature, when any cause of consequence is to be tried; the clamorous voices, keen observations, poignant sarcasms, and acute contentions carried on by the advocates, who seem more awake, or in their own phrase svelti than all the rest: all these things take up so much time, that twenty-four hours do not suffice for the business and diversions of Venice; where dinner must be eaten as in other places, though I can scarcely find a minute to spare for it, while such fish wait one's knife and fork as I most certainly did never see before, and as I suppose are not to be seen in any sea but this, in such perfection.
Beginning with the original error, that the Constitution of the United States is nothing but a compact between sovereign States; asserting, in the next step, that each State has a right to be its own sole judge of the extent of its own obligations, and consequently of the constitutionality of laws of Congress; and, in the next, that it may oppose whatever it sees fit to declare unconstitutional, and that it decides for itself on the mode and measure of redress, the argument arrives at once at the conclusion, that what a State dissents from, it may nullify; what it opposes, it may oppose by force; what it decides for itself, it may execute by its own power; and that, in short, it is itself supreme over the legislation of Congress, and supreme over the decisions of the national judicature; supreme over the constitution of the country, supreme over the supreme law of the land.
If no wickedness, sir, is to be checked till it has attained the greatest height at which it can possibly arrive, our courts of criminal judicature may be shut up as useless; and if a few innocent paragraphs will palliate a libel, treason may be written and dispersed without danger or restraint; for what libel was ever so crowded with sedition, that a few periods might not have been selected, which, upon this principle, might have secured it from censure.
For the Civill Soveraignty, and supreme Judicature in controversies of Manners, are the same thing: And the Makers of Civill Laws, are not onely Declarers, but also Makers of the justice, and injustice of actions; there being nothing in mens Manners that makes them righteous, or unrighteous, but their conformity with the Law of the Soveraign.
Beginning with the original error, that the Constitution of the United States is nothing but a compact between sovereign States; asserting, in the next step, that each State has a right to be its own sole judge of the extent of its own obligations, and consequently of the constitutionality of laws of Congress; and, in the next, that it may oppose whatever it sees fit to declare unconstitutional, and that it decides for itself on the mode and measure of redress, the argument arrives at once at the conclusion, that what a State dissents from, it may nullify; what it opposes, it may oppose by force; what it decides for itself, it may execute by its own power; and that, in short, it is itself supreme over the legislation of Congress, and supreme over the decisions of the national judicature; supreme over the constitution of the country, supreme over the supreme law of the land.
The effect of that admission would be to raise a hundred questions, to produce a hundred contests between the Council and the judicature. The Government would be paralysed at the precise moment at which all its energy was required. While the two equal powers were acting in opposite directions, the whole machine of the state would stand still. The Europeans would be uncontrolled.
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