" 'The legislature, ho ramarked,
'must be considered as the supreme
Ibranch of the jrovernment. Previously
to their passing any act, they must
consider and determine whether It be
compatible with the Constitution, be
ing the supreme power, and bound to
dudye with respect the question, in
the first Instance their decision must
and pronounce it to be a reality. It
is an elevation of the judiciary over
the heads of the legislature; it vests
them with supreme power, and en
al'les them to repeal all the laws, and
defect ail tho measures of the gov
ernment. "The. legislature are not under the
control of superintendence of the
judiciary -if they pass laws which
are unconstitutional, thev are respon
sible to the people- who may in the'
course of elections dismiss tlicm from j
office, and appoint such persons as ;
will repeal such unconstitutional acts. !
On this power of the people over the
legislature, depends their security j
against all encroachments, and not on
the vigilance of the judiciary depart- :
ment.
"These positions were not sustained
by public opinion. The Judiciary as
serted, and finally maintained, ite
right, to determine the constitution
ality of any statute which might be
attacked before it.
"Then yajfc.rs before, the Supreme
Court of Krrors had ruled against the
validity of a grant by tho General
Assembly of land which the Assembly
had granted before to other parties.
It was held void so far as it purport
ed to disturb vested rights.
"Before ISIS, much, if not most, of
the more important business belong
ing naturally to the Courts was
brought before tho General Assembly.
