Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-05-25
GON@R@SS IONAHe
SPEECH OF MIR. LIVINGSTON.
lCoNTINuED

OF laws on which the question before them de NJ nds
and its DEGREES must he final. whether they affect State
rights or not; and necessary coLseuuence that no
state mas any right to impede prevent the execution
OF such sentence; yet, am far from thinking that this
O1uf' created an umpire, to Judge between the Gene
raj anu state Governments. do not recorded in
the instrument but SEQ it recorded, that every right
not gwen, retained In extreme case that has be
pun, OF the United States declaring that particular
oa shouu nave but one Senator should be depriv-
ed oil lis representation, 1 see nothing To ohge the
ate TO submit this to the Supreme Court; on the
contrary see, by the enumeration Of the andt
persons which may be brought within their in sdction
that IL not included; in this. the injured State would
have right at declare that il would no Longer
be bound by a compact which had been thus grossly
violated.
L consider tho existence of tn. Sta,o, with tba
portion oil their sovereignty which they have reserved
10 De most invaluable part Of Government; their
rights should be most zealousiy watched and pre-
served-preserved, but not enlarged. An nized
body, ready to resist either Legislative or Executive en-
croach,nent, round which the people, whenever op.
pressed, may rally will always Keep oppression in awe;
they are an intermediate corps between the people and
The Federal Cover nmen,; aud, being perrnanen Mt one
they answer the same end in our Government, that
hereditary ars,ocracy does in others They check
the power OF the federa've head while thew
are kept within constitutional bounds by the direc one
ration OF the general laws their citizens throug Oh The
judiciary Their agency, and its effective uity we're
shown in 1885, in the stand which Virginia and some
other States took against the obnoxious alien and sedi
ton laws They reasoned they demonstrated they ap.
peaicd 10 the high feelings Of patriotism and FIRE edom
as well as to the understanding Of he peoples they de-
monstrated the usurpaton of the power which had en-.
ac'ed these laws; they proved TO conviction that they
were void; and this had the desired effect But thew
did not declare that the laws should not be executed
they did not array the force # the State against the de-
crees OF the Judiciary; they did inicrpose or threat
en- 10 nterpose, their constitutional retc
But, II the power coHended for on the one side he
dangerous, the doctrine by which IL il opposed ON the
o'her seems no les So II this be strictly popular gov
en as contented for by the Senator from Massa.
ehuse's; mat T.. TO say. government formed by The
people Of the United States considered in one mass
without any consideration Of the relation in which they
stand TO each oher citizens Of different States then
ue io'ioWIng important consequences follow Not
DENIAL OF State rights, has think bee incorrectly
anu uJusIy, in and out of the House. charged to the
oInsor srrnment he expressly, a. understand him,
acknowledges that they retain all that are not given to
the General Government. But, Sir although his arpn
'nent acknowledged the existence of the reserved
rsh's yeti took away the means of preserving them
III " De popular Government, in the sense have de-
scrioea then what majority of the whole people will
must he executed, and rghttully executed II . be
me true construction OF our fundamental compact then
'n any u'nre changes that situation NAV call for
me people oil few large States, making majority OF
the whole number OF voters, give the law 10 the
greater number OF States and may materially and inju-
rously alter, or totally destroy the Union which the
argument sunposss not TO be conn, Ct between the
STATES hut the work OF the people, that is to saw the
whoe people oil the nation. IL will be no answer to
ths 10 say, that alterations be made in the Con-
s'iuion, hut by the Of the States. because If
there IL no compact, there is injury to the States anv
more than there would be by altering the boundaries
from IL, advantages which were enjoyed under State
constitution The majority Of the people in a State,
may 90 This al their pleasure, with regard a county;
so might majority of the people Of the United Sates
do with regard TO State, if the Governmen n, has the
same popular character in the that it bas
IN the other IA 70 the imrediments imposed by the
Constr ntion 10 the power OF making alterations by the
clause which 3egnates the mode in which they are To
ne made by the assent Of requisite number If States
II affords 20 insurmounable difficulty. If the Govern
ment was made by the People The same people have
ms iprify lfer, Iafc
with the and the right that they chan
any other in the Constitution. Its plain therefore
ha' 'hls argument places three fOurths of tho States
the mercy OF one-four,h of their number. SIX States
having on an average million oi inhabitants each form
majority OF the population. In a popuIar Govern.
ment, the will of tie majority must he obeyed in max.
ing or aIteriHg constitutions well laws the fore
II this bea popular Government, without any feature
OF compact in IT, there is plainly no security for even the
'ehce oil the State governments under IT, II ia true
NAV me argument allows IN them certain rights: but if
those rights the result Of the will Of the PsopIe
EXPRESSED by their adoption Of a popular Government
Is II not clear that, whenever that will changes and
another kin' OF Government il preferred by maierity
the rights are gone, and rghtfully gomez In short the
doctrine puts the States precisely in the situation of
counties, or any other political division Of consolidated
government.
IL s true, thai while The present form Of government
exists States necessary for lis organization; but IT.
1T he simry Popuar-f contract enters into its COM
posl'ion-the State agency may he easily dispensed
with in The new changes that majority may deem ex
pedient.
Observe Sir, that by popular government the Sena-
tor does no, adopted made nv the people of
each State. acting separately in their State capacy
he did there would be dispute for cannot be de-
MED, that the Constitution adopted by he people
OF each state in lite separate Convention This would
not contravene the idea OF compact which his argu-
ment totally denies He means, and so understand
MN clearly 10 EXPRESS, government framed by the
people OF all the States, acting in their aggregate capa-
city; and this doctrine, for the reasons have stated
think dangerous in the highest degree Even If no al
tempt he made under it, WILL If acknowledgment les
cen The dignity and utility of the State Governments,
they will be considered tenants Of their mower
at the will Of the Federal head; which will be looked
to "a the source II all honor and all profit. Safe rights
viii be disre gardsd, when held by precarious ten
ure; encroachmeDt4 will he submitted to, that would
not he otherwise hazarded, until, gradually we are
prepared for consolidated government, which on ex
peme nj, will be found 10 require more energy for s
support, over the extensive country which il must en-
brace; and then the dormant resolution on your Jour
nails viii be called IN. and HIS HIGHNEss the Presi-
dent OF the United States will be invested with dcta
toria or proecorate powers for enlarged term Tor
lte-and at last with reversion 10 his chlrcn. Sir
ms ~ the natural consequence OF the dOcn should
be acqqiesced in correct, but carried into eff
feet in an immediate attempt against the STATE sove-
reignes. Suppose, however, the reverse should take
place, and The citizens Of plumber OF States suicen MT
to constitute large majority Of the inhabitants of the
Union, should become converts 10 The Senator's doc
irine, and determine 10 exercise the lawful right which
majority Of every consolidated government has 10
change the Constitution The minority of numbers
constituting perhaps, two thirds Of the number of
Staes are increduous, and entertan the herecal opi
ion, That there certain portions Of their State SOW.
eregnty never surrendered, and which they deem IL
duty TO defend. Can be imagined, that may,
6y adver'iy OF local interests produce such state Of
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