The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1830-03-17

10 DC such an exercise OF power; and that con
sequently, case has arisen in which the Stat,
may, if it see fit, interfere by its own law. Now
/ II SO happens, nevertheless, that Mr.. Madison
! himself deems this same tariff law quite consti
tutlonal Instead of clear and palpable VIC
lation, 1t is in his judgment, no violation at all
( 30 that, while they use his authority for nv
pothetical case, they reject it in the yery case
before them. All this, sir, shows the inherent
iutility-I had almost used stronger word-oi
conceding this power of interference to tie
States, and then attempting to secure it from
abuse by imposing qualifications, OF which the
states themselves are to Judge One of two
things is true /; either the laws of the Union
are beyond the discretion and beyond the con.
troll OF the States, or else we have no constitu.
ton OF General Government, and are thrust
back again to the days of the Confsderacy.
Let me here say, sir, that if the sentleman's
doctrine had been received and acted upon in
New England, in the times of the embargo and
non-intereourse, we should probably not now
have been here. The Government would very
llkely have gone to pieces and c;umbled into
/ aust. NO stronger case can ever arise than ex-
! isted under those laws no States can ever en-
I .ertaln clearer conviction than tie New Eng
iahu states then entertained; and if they had
been under the influence of that heresy of opin-
- - mus OtLll lly WHICH tu6 honorable Menl-
Der espoushs, this Union would, in all proba-
ity, have been scattered to the four winds.
ask the gentleman, therefore, to apply his
principles to that case ask him to come forth
ana declare, whether, in his opinion, the New
England States would have been justified in
interfering to break up the embargo system,
under the conscientious opinions which they
held upon it. Had they right to annu that
law Does he admit or deny If that which
is thought palpably unconstitutional in South
carolina, justifes that State in arresting the
progress of the law, tell me, whether that which
was thought palpaby unconstitutional also in
Massachusetts,, would have justified her in do.
ing the same thing, Sir, | deny the whole
doctrine 1t has not foot of ground in the
Constitution to stand on. No public man of
reputation ever advanced it in Massachusetts
in the warmest times, or could maintain him
self upon it there at any time.
| wish now, sir, to make remark upon the
Virginia resolutions of 1898. | cannot under
take to say how these resolutions were under
stood by those who passed them. Their Ian
guage is not a little indefinite In the case of
the exercise, by Congress, of dangerous pow
err, not granted to them, the resolutions assert
the right, on the part of the State, to interfere,
and arrest the progress of the evil This is
susceptible Of more than one Interpretation. 1t
may mean no more than tina. the States NAV
interfere by complaint and remonstrance or
by proposing to the people ar alteration Of the
Federal Constitution This would be quite un-
Objectionable; or it may be, thatno more is meant
than TO assert the general rightof revolution, as
against all Governments, in cae of intolerable
oppression This no one douhs; and this, in
my opinion, is all that he who 'ramed the reso-
lutions could have meant by it; for shall not
readily believe, that he was ever of opinion
that a State, under the Constitution, and in
conformity with it, could, upon the ground of
her own opinion ofits unconstihtionality, how
ever clear and palpable she night think the
case, annul a law of Congress, so far as it
should operate on herself, by hr own legisla-
tive power.
l must now beg to ask, sir, wheice is this sup
posed right oftHe States derived where do They
get the power to interfere with the laws of the
Union' Sir, the opinion which the honorable
gentleman maintains, is notion, funded in
total misapprehension, in my judgmnt, of the
origin Of this government, and of the oundation
on which it stands. | hold it to bea popular
government, erected by the People, hose who
administer it responsible to the People and
itself capable of being amended and modified,
just as the People may choose it should be. 1t
/ is as popular, just as truly emanatIngfrom the
People, as the State Governments. I is cre-
ated for one purpose; the State Goprnments
( for another. 1t has its own powers; tley have
theirs. There is no more authority with them
TO arrest the operation of a law of Congress,
than with Congress to arrest the opeation Of
their laws We are here TO administe Con-
stitution emanating Immediately fromthe peo-
pie, and trusted, by them, to our administration.
1t is not the creature of the State Governments
& a. al
tain acts of the State Legislatures are necessary
to fill our seats in this body. That is lot one
I of their original State powers, part of the
sovereignty of the State. 1t is a dutl which
the people, by the Constitution itself, hive i'm
posed on the State Legislatures and which
! they might have left TO be performed elsewhere,
! if they had seen fit. So they have lift the
choice of President with electors; butall this
does not affect the proposition, that this whole
J Government, President, Senate, and Huse of
/ Representatives, is a popular government 1t
/ leaves it still all in its popular character The
| Governor of a State, lin some of the SLaesl is
chosen, not directly by the people, but by those
( who are chosen by the People, for the purpose
( of performing, among other duties, uat of
electng a Governor Is the government of
J the State on that account, not a popular gov
| ernment' This government, sir, is theinde-
4 pendent offspring Of the popular will It's not
/ the creature of State Legislatures nay more,
/ if the whole truth must be .old, the nople
brought it into existence, established it and
have hitherto supported it, for the very purpose
amongst others, Of imposing certain salutary
restraints on State sovereignties. The State.
cannot now make war, they cannot contract
alliances, they cannot make, each for itself
separate regulations of commerce, they cann9t
lay mposts, they cannot coin money. IF this
Constitution. sir. be the creature of State Leg.
islatares, it must be admitted that it has OBJ
4 tanned a strange control over the violations o.
/ its creators.
! The People, then, sir, erected this Govern
ment. They gave it a Constitution, and in tina
4 Constitution they have enumerated the power
which they beslow on it. They have made it
limited Government. They have defined it
authority. They have restrained it, to The ex
crcise Of such powers as are granted; and al
others, they declare, are reserved to the State
or the People. But, sir, they have not stoppe
here. Ifthey had they would have accomplish
ed but half their work. No definition can be s