Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-03-23
CONVERSATIONAL.
IN THE SENATE u. S. JAN. 27.

1
sument which the honorable gentleman has labored
reconstruct.
His argument consists of two propositions, and an in
ference. His propositions are,
L. That the Constitution is a compact between the
States.
2 That compact between two, with authority re-
reserved TO one to interpret its terms would be
render TO that one, of all power whatever.
g. Therefore, (such is his inference) the General Co
vernment does not possess the authority its
own powers.
Now sir, who does not see, without the aid of expos
on or detection, the utter confusion of IDEAS nvolved in
this, so elaborate and systematic argument?
The Constitution, il is said, is a compact 5etpeen
States the States them and the States only, are parties
TO the compact. How comes the General Government
itself partW Upon tho honorable genteman's hypo
thesis the General Government the result of the com
pact the creature OF the compact not Of the par
Ties to It, Yet the argument the gentleman has now
stated it, makes the Government itself one of its own
creators 1t makes it party to that compact TO which it
owes its own existence
For the purpose of erecting tho Constitution on the
basis OF compact, the gentleman considers the States
as parties TO that compact but his compact is
made then he chooses to consider the General Govern
msnt which is the offspring of that compact not its Off
spring, but ono OF its parties; aud being party, has
not the power of Judging the terms Of compact
Pray, sir, in what school is such reasoning as this
taught
If the whole of the gentlcmans main proposition
were conceded TO him. that to say-If admit for the
sake of the argument that the Constitution is compact
between States, the differences which he draws from
cause il the Constitution be compact between States
still that constitution, that compact has established
a Government, with certain powers; and whether it
| be of those powers that il shall construe and
interpret for itself, the terms of the compact, in
doubtful only be decided by looking TO the
compact, andinqurng what provision it contains on this
point Without any inconsistency with natural reason
the government even thus created, might be trusted
with this power of constructions The extent of its
powers therefore, must still be sought for in the nstru-
ment itself
.o1J CNpEa Il
caring that resolutions of the Congress should be the
supreme law of the land any state law or constitution 10
the contrary Notwithstanding, and that a committee of
Congress, any other body created should possess
Judicial powers, extending to all arising under re-
solutions of Congress, then the power of ultimate de-
cision would have been vested in Congress, under the
confederation although that confederation compact
between States; and for this plain that it would
have been competent TO the States who alone were par
ties TO the compact, TO agree who should decide, in
cases oil dispute arising the construction of the com
pact.
For the reason, sir, if now to concede TO
the gentleman his principal proposition viz that the
constitution ~ compact between the States, the ques-
ton would still be- what pro- ison is made i'm this COM
pact TO settled points of disputed construction or contest
ed power, that shall come into controversy; and this
question would still be answered, and conclusively
answered, by the Constitution ITSELF While the gen
tleman is contending against construction, he him
sell IS setting up The most loose and dangerous
construction The Constitution declares that the
id'cS OF Congress shall be the supreme la,c of the
lana NO construction is necessary here-It declares
Also with equal planness and precision that the Judi
cidry potcer Of the United States shall ertend TO
erey case arising ander the lars Of Congress- This
needs no construction. Here is a law then, which is
declared to be supreme; and here is power establish
cd which is 10 interpret that law Now sir how has
the gentleman met this? Suppose the Constitution to be
compact, yet here are its terms and how does the
gentleman get rid of them? He cannot argue the seal
on the bond, nor the words out of the instrument
Here they are-what answer does he give TO them?
None IN the world sir except that the effect of this
fln &c.
and because it results from the very nature of things
there being superiority that the parties must he their
wnludges Thus closely and cogently does the hon.
gentleman the words of the constitution The
gentleman SAYS, if there be such power of final de-
ci'on in the General Government he asks for the grant
OF hatpower' Well, sir, show him the grant, turn
him TO the very words show him that the laws of
Congress are made supreme and the judiciary power
extends by words to the of these
laws. Instead of answering this he retreats into the
general reflections that 1T must result from the nature
hings; that the States, being par'ies Judge for
themselves.
have admitted, that if the constitution were to he
con'dered az the creature of the State Governments
1t might be modified Interpreted or construed accord
ing to their pleasure But, even in that case il would
be necessary that they should agree. One aone could
not interpret it conclusively; one alone could not con-
strue IL one alone, could modify it, Yet the gentle
mans doctrine is, that Carolina alone, may construe and
interpret that compact which equally binds all and
gives equal rights to ALL
So them sir, supp osins the constitution to he
coPdCt Dtt"cen ne STATES, inc geniIemanS doctrine
nevertheless, is now mantanabe; because first, the
General Government is not party TO that COMPACT bu
government established by it, and vested bv il with
the power OF trying and deciding doubtful questions;
and secondly because If the constitution be regarded
as compact, not one state only, but all the States arc
parties to that compact and have no right to fix
upon II her own peculiar construction.
30 much, sir, for the argument if the premises
| oil the gentleman were granted, could he proved
But sir the gentleman has failed maintain his leading
proposition He has not shown, it cannot be shown
that the constitution is compact between State Gov.
ernmens The constitution ITSELF in IFS very front re-
fuses that declares that IL is ordained and established
by the p,ople Of The United States So far from saw
ing that il established by the people of the seyeral
States but il pronounces that is established bv the
people OF the United State, in the aggregate. The
gentleman says il must no more than the peope
OF the several States Doubtless the people of the So
veral States, taken collectively, constitute the people
OF the United States but il is in this their collective
capacity, II is all the people Of the United States
That they establish the constitution So they declare;
end words cannot be rlan'r than the words used
when the gentleman rays the constitution is com
pact between the States, he language exactly an.
picable IN tho old confederation He speaks az il he
we're in Congress before 1899. He describes fully
that old state Of things then existing. The confederation
was, in s'rietne's compac the States, ~ States
were parties TO IT, We had other General Govern
ment. Bot that was found Insufficient and inadesuete
TO the public exigeuces. The people wei not satisfied
with IT, and undertook TO establish better They IN
d@riook to form General Government which sbonld
stand a basis--no confederacy not a league
not contract between States, but Constitution,
popular Government founded in popular election di.
recy responsible 10 The people Themselves and divid.
ell into branches with prescribed imitso of power and