Spencer Roane

“ This diversity of opinion and of decision is better than an uniformity, which may be grinding and deadly to our liberties. It is better that liberty and state-rights should be maintained in some states, than no where, It is better that the Legislature of Virginia should solemnly protest against federal laws invading her laws in favor of the morality of her people and against the decisions upon them, than that they should be trampled under foot in silence, by the federal authorities. ”

“ If therefore, the people themselves, have not this transcendent and unlimited power, neither have the messieurs judges. Not even these high characters, can justly deprive our people of their chartered rights, or violate the sacred duty imposed on the state governments, of preserving the morals of their people. It is not in their power to let loose a system of gambling among them.
To this “supreme government,” the court says, the most ample powers are granted, and they refer to the preamble of the constitution, to show how ample these powers are. ”

“ It is well known that moderation in salaries, as in habits of living, is the best preservative of virtue: and the fifteenth article of the bill of rights of Virginia, which must have been given by divine inspiration, and ought to be written in letters of gold,—declares,-‘‘That no free government, or the blessing of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, FRUGALITY, and virtue, and by frequent recurrence to fundamental principles. ”

“ The construction arising from the preamble only, would be so broad as to sweep away all the powers of the states, and this ground of construction was formerly given up. Nothing can preserve those powers but a steady adherence to the principle established by that amendment.
The general words of the preamble to the constitution, now relied on by the court, are introductory only, and not decretal (5) . They only show what were the ends in view, not what are the actual provisions of the constitution. They have been universally given up ever since the decease of the famous sedition law ”

“ The people themselves, associated for the common good, cannot subvert that good. They cannot violate those great principles which soar above all constitutions, and are paramount to the rightful power of the people themselves. ”

“ A construction which is commensurate with the judicial power actually granted by the constitution, notwithstanding the general words aforesaid, and which can be otherwise abundantly satisfied, cannot be said to be, in the language of the court. ”

“ In this pure and honorable mode of appointment, there is no room or opportunity for appliances, or servilities of any description. The man who is so elected must be known to his fellow-citizens and must possess their confidence. ”