Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-03-13
THE DEBATE In THE SENATE.
WEDNEsDAr, january 81, 1850.

argument, which tho honorable gentleman has labor
cd to reconstruct.
Ills argument consists of two propositions, aud an
Inference Ills propositions are,
1. Thut the Constitution is compact between the
,tStatcs.
3. That compact between two with authority re-
served to one to interpret its terms, would be sur
rnndef to that ono, Of all power whatever.
3. Therefore, (such is his tniorencc) the u neral
Government does not possess tho authority to construe
its own powers.
exposition detection the utter confusion Of ideas,
involved in this SO elaborate and systematic argu-
ment.
The Constitution, it is said, is compact 6et,ceen
States; tho States them and the States only ure par
Tics to the compact How comes the General Govern
nrent itself purify Upon the honorable gentouans
hypothesis, the General Government is the result OF
tho compact, the creature OF the compact lot one Of
tho parties to 1t. Yet the argument, the gentle
nlan has now stated 1t, makes the Government it.
self one of it's own creators. 1t makes IL a party
TO that compact, to which it owes it's own exis-
tchce.
For the purpose Of erecting the Constitution on the
basis of compact, the gentleman considers the States
us parties TO that compact; but his com.
pact is made then he chooses to consider the Gene
fai Government, which IS the offspring Of that
pact, not its offspring, but Of its PARTIES and So
being party, has not the power OF judging ON the
terms Of compact. Pray, Sit, in what school such
reasoning as this taught!
II tho whole OF the gentlcman's main proposition
ore conceded to hun, that IS to say-f admit for
sake of the argument, that the Constitution is
Impact between States, the differences which he
CIV ws from that proposition warranted by no Just
spn. Because, if the Constitution be compact
ween States, still, that Constitution Or thut cum
{, has established Government, with certain
powers; and whether It be one OF those powers that
It s Ill cstrue and interpret for ITSELF the terms oil
the compact, in doubtful cases, can only be dccl-
ded by looking to the compact, and nquirng what
provfs onS II Contains oil this point. Without any
Inconsistency with natural reason the Government
foil nuhf hn nI III.
or OF construction. The extent of its powers,
therefore, must still be sought for in the instrument
itself.
II the old Confederation had contained clause,
declaring that the resolutions of Congress should be
the supreme law OF the land any State law or con-
stituon to the contrary, notwithstanding and that
committee of Congress, any other body created by
1t, should possess Judicial powers, extending to all
cases arising under resolutions of Congress, then
the power OF ultimate decision would have bt en-
vested in Congress, under the Confederation, al
though that confederation was compact between
States and Tor this plain reason that would have
been competent to the States, who alone were par
ties to tho compact, to agree, who shou d decide ,
IN cases OF dispute arising tho construction OF the
compact.
For the same reason, sir if I were now to concede
to the gentleman his principal proposition, that
the constitution Is compact between States, the
question would still be, what provision is made, III
tins Compact to settle points OF disputed construction
or contested power, that shall into controversy;
and this question would still be answered. and concl-
sively answered, by the Constitution itself While
the gentleman rs coutentng against construction he
himself Is setting up the most loose and dangerous
construction. The Constitution declares, that the
laws OF Congress shall be the supreme law of the
land. no construction ia necessary here. declarcs
nlso with equal panness and precision, that the Ju-
dcal power OF the United States shall extend to eve
~ case arising under the laws of Congress. This
needs no construction. Here is law then, which
IS declared to be supreme; and here is power estab
tIshed, which is TO interpret that law. Now, SIR how
fhn ont nfnap L.
ton TO be compact yet here re It's terms and how
does the gentleman get rid of them' He cannot ar
que the seal oil the bond, the words out of the in
slrument. Here they are-what answer does he give
10 them! None in the world sir, except that the cf-
feet OF this would be, place the States in condition
OF nfcriority; and because results from the very
nature of things, there being SUPERIOR that tile
PARTIES must be their Judges! Thus CLOSELY and
Dyentiy does the honorable gentleman reason on
the words OF the constitution. The gentleman
sys, there be such power of final decision IN the
General Government, he asks for the grant of that
power. Well sir show him the GRANT, turn him
to the very wordsI show him that the laws ofCon-
gross are made supreme; and that the judicial power
extends, by express words to the Interpretation off
these laws Instead of answering this he retreats
into the general reflection that ID must result from
The nature n things; that the States, being parties
must judge Tor themselves. |
have admitted, that if the constitution we re to be
considered as tile creature the State Governments
might be modified, Interpreted, or construed ac-
cordlng to their pleasure. But even in that case
would be necessary that they should agree. One
alone, could not interpret it conclusvey; one alone
could not construe IL; alone, could not modify it,
Yet the gentlemans doctrine is, that Carolina alone
may construc and interpret that compact, which
cTnaliy binds all, and gives equal rights to al.
30 thcn' slr even surprising the Constitution to be
compact between the States, the gentleman's doc
trne, nevertheless is not nantainabe; because, first
tho General Government is not party to that com
pact but government established by it, and vested
oy with the power OF trying and deciding doubtful
Questions; and secondly, because, if the constitution
DC regarded as compact, not State only bot all
the States are parties to that compact ana one can
nave no right 70 fix upon it her own peculiar con-
struction.
so much, SIR, for the argument, even fthe promises
Of the gentlemen we're granted, or could be proved
iut, SIR, the gentleman mas faed TO maintain his
ieaung proposition. He has not shown, il canno, be
shown, that the constitution is a compact between
STATE Governments. The constitution itself, in its
In u Ill. IL. -. a