When the third census was taken,In 1810,there were seventeen States,with a total population of five million seven hundred and sixty-five thousand,of which four States had a majority of two hundred and thirty-one thousand,but they had only eight votes In the Senate and one hundred and one for President,while the rest,with a minority of the people,had twenty-six votes in the Senate and one hundred and fourteen for President.When the fourth census was taken,in 1820,six States had a population of four million one hundred and ninety-nine thousand,the other eighteen had but three million six hundred and fifty-seven thousand.Then six States had a majority of five hundred and forty-two thousand of the people,but they had only twelve votes In the Senate and one hundred and twenty-six for President,while the rest had thirty-six votes in the Senate and one hundred and thirty-five for President.At the next census,1830,six States had a majority of two hundred and twenty-four thousand of the total Population,while they had but twelve votes in the Senate and one hundred and thirty-six for President,and the minority of the people,but the majority of States,had thirty-six senators and one hundred and fifty-three votes for President,Thus,In the Federal Government,the words majority and minority do not apply to the number of people,but to the number of States.Can anything more be required to prove that the Union is a government of States as separate bodies,and not of the people as one population??[C.C.B.]
22.So absolutely Is the Federal Government dependent on the States for its existence at all times,that It may be absolutely dissolved,without the least violence,by the simple refusal of a part of the States to act.If,for example,a few States,having a majority of electoral votes,should refuse to appoint electors of President mad Vice-President,there would be no constitutional Executive,and the whole machinery of government would stop.
23.The decisions of the Supreme Court have declared that its jurisdiction is limited by the Constitution,laws and treaties of the United States,and that it has no power of acting,except where the subject is submitted according to the form presented by law.(9Wheaton,738;5Peters,2;6Wheaton,264.)The original jurisdiction of the Supreme Court is pointed out by the Constitution,and cannot be lessened nor enlarged by act of Congress;for Congress cannot transcend the powers entrusted to it in the Constitution.(1Cranch,187,175.)The Supreme Court has no Jurisdiction in any case where a State is the defendant (See Eleventh Amendment to the constitution;9Wheaton,732.)Where two parties in a State Court set up conflicting titles under the same act of Congress,the Supreme Court has no power to override the decision of the State Court.The decision of the State Court is final in such cases.(3 Wheaton,433;6Wheaton,448)The Supreme Court has no authority,on a writ of error,to declare a law of a State void on account of its collision with the Constitution of that State.(3Peters,288.)The Supreme Court has no authority to issue a habeas corpus in the case of persons held by the action of the State Court.(1Wash.,239.)Many other cases might be named which show the limited jurisdiction of the Supreme Court of the United States.It has jurisdiction over no matter which the States have not delegated in the Constitution.Overall matters which the States have not delegated to the Federal Government,the State Courts are supreme.Mr.Chase,the present Chief Justice,speaking of the sovereignty of the State of Ohio in 1854,said:"We have rights which the Federal Government must not invade ?rights superior to its power,on which our sovereignty depends."Such a proposition necessarily follows from the limited nature of the Federal Government ?[C.C.B.]
24.Hunter and Martin,Cohen v.State of Virginia and other cases.
