Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-03-01


only acknowledged to be just in America, ba'
N EnoIand also. Blackstone admits as much
in the theory, and practice, too, Of the English
Constitution. We, sir, WHO oppose the Caro-
lima doc,riue, do rot deny that the people may,
II thew choose, throw off any government, when
!, becomes oppressive and intolerable. and erect
better in lis stead We all know, thai civil
ins,,u ,iop. are established for the public bcne-
g.. and thai when they cease 10 answer The ends
of their existence, they may be changed. But
do nei understand the doctrine now contendeh
for. 10 be that which, for the sake OF distinct
ness, we may call the right OF revolution
understand the gentleman to MAINTAIN, 'ha',
without revolution, without civil commotion,
wi bout rebellion, a remedy Tor supposed abuse
and rrangression OF the powers of the General
Government, lies in a direct appeal 10 the IN :
reference Of the State Governme nis.-l hr.
HAYse hsrerose. He did not conend, he SAID,
far the mere RICH, Of revolution, but for the
RICH, 80 It'll I>aNNonal resistance. What he
6nssR "a 40 y. in case Of plain, paipa-
Stf66 6S sii,uton by the Gene
Coz IA 1eam interpose; and
Tba, this in{t So consli,utional. Mr..
WEBSTER resumy tsnders'ood ,!s
gentleman, and an !tc goo 'ha' ! "iu
no, mi,u Jers,and him. Wnarhe con- ends for
is, ths, il is constitutional toin,errup, The ad-
minis,ra,ion Of the Constitution ITSELF, IN me
hands Of those who are chosen and sworn y"
administer il, by The direct interference, IN
:orm Of law, Of The States, in virtue Ut their So
vsreiga capacity. The inherent right in the
people to reform their go'srnmen', ! DO not
DENY; aud they have ano her right, and that is,
10 resist unconstitutional laws, without over
turning he Government, L. is no doctrine Of
mine, hat unconsritn ,inn4l laws bind the peo-
Die. Th- great question is Whose p,erogafUs
il IS TO decide on The consiuiionahty or unconsii-
futional,ty 9th: ia,cS2 On ma, he main de-
bate hinges Tho proposition, that, in case OF
sup o>ed violation of the Constitution by
Congress, the S. ates tave constitutional right
TO i,.clfere, and annul the law OF Congress, is
the proposition Of bt gentleman: do not ad :
mi, it. II the gentleman had intended no more
han to assert the right OF revolution, for Jusil-
fable cause, he would have said only what all
AGREE 10. But | canno, conceive that there
can be middle c,urse, between submission 10
the laws, when regularly pronounced consIiiu-
tional, on The one hand, and open resistance,
which is revnu ion, or rebellion, on the o'her.
say, the right Of State TO annul low Of
Congress, canno be maintained but on The
ground Of III. nnaiensble right Of man to re-
sis, oppression; that is 10 say, upon the ground
Of re, olu,ion I admit, that there is an ulti-
ma e violen, remedy, above 'he Co"si,u ion,
and in defiance Of the Cons tuition, which C,ay
he re sol ted to. when revolution is TO be Jus,i-
fed But do not admit, thai, under the Con
,iitu,ion, and in conformity with ii, there is any
mode In which State Government, as a mem
Der Of the Union, can interfere and stop the
progress oil me General Government, BY force
l., hpt
ever.
This leads US 10 inquire into the origin Of
this Government, aud the source Of its power.
Whose agent Is il? Is il the creature OF the
STATE Legis'a'ures, or the creature Of the pt O.
pie! If III. Government OF the United 5: aies De
The agen, of the Stale Governments, then they
may control il. provided they Can agree in the
manner of controlling l.; if it is the ageut Of
the People, hen the people alone can control il,
restrain j.; modify or reform it. IL is observa-
bic enough, hat The doctrine for which the
honorable gentleman con ends ads him t. the
necessity Of maintaining, not only that This Ge>
neral Government is The creature vi the States,
bu, that it is the creature Of each of the Slate.
srverally; so that each may assert the power,
for Itself, or determine whether il acts within
the limits offs authority. II is the servant Of
four. and twenty masters, Of different wills and
differen: purposes; and yet bound to obey all.
This absurdiy for il seems no lcss) arises
from a misc conception as to the origin OF this
Government, made for The People, made BY
the People, and auswerable to The People
The People Of the Unired States have declared
that this Cons ,itu,ion shall be The supreme Law
We mus, either admit hat proposition, or dis
pute their authority. The States are .unsues-
,ionab'y sovereign, so far as their sovereign y
is no, effected by this supreme law. Thc State
Legislature, as political bodies, however Sow
ereign, are ye, no, sovereign over the people
So far as the people have given power 10 The
General Government, So far the grant is un-
ques,ionably good, and the Government holds
of the People. and not of the State Governments
We are all agents for the same Supreme pow
er, the People The General Government
and the state government derive their aulhori-
" from the same source. Neither can, in re-
la,ion To the other, he called primary; though
one is definite and restricted, aud the other gen
eral aud residuary. The National Govern,
ment possesses those powers which it can be
shown the People have conferred on it, and no
more. All the rest belongs to the State G ~
erumenls or TO the People themselves. So far