Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-03-05

If the constitution by the General Government,
State may interposc and that this interposition is
cunstilutional.] Mr.. W. resumed: So, sir, i under
stood the gentleman, and am happy to find that did
not misunderstood him. What he contends for is
that il is constitutional to interrupt the admins
tration of the constitution ITSELF in the hands of those
who arc chosen and sworn TO administer it, by the |
direct interference, in form of law, of the States, in
virtue OF their sovereign capacity. The inherent |
right in the people TO reform their government, do
not deny; and they have another right and that is,
to resist unconstitutional laws without overturnna
the Government. 1t is no doctrine OF minc that
constitutional laws bind The people. The great
question is tohose prerogatce to decide the con
siitutionaiity, unconsituonuty, ofthe ia,ose On
that, the debate hinges The proposition, that
i'll case of supposed violation of the constitution by
congress- the States have constitutional right to in
terfcre, and annu the law of Congress- is the prop
osition of the gentlemaD do not admit it If the
gentleman had intended no than to assert the
right of revolution, for Unsuitable cause he would
have said only wha, all agree to But cannot con
ceive that there be middle course between sub
mission to the laws, when regularly pronounced
s'itut onal, OIL the one hand and open resistance,
which Is revolutions rebellion, on the other. say
the right ola State to annul law of Congress, can
not be maintained, but on the ground of the
lenabe right of man to resist oppression; that is
say, upon the ground of revolution 1 admit, that
there is ultimate violent remedy, above the con
sttuiop, and in defiance Of the constitution which
may be resorted to- when revolution to be justi-
fed. But do not admit, that, under the constitu-
ton ana IN conformity with IL, there mode
which a State Government, as member OF the u
non interfere and stop the progress of the Gen
era Government. by force OF her own laws, under
any circumstances whatever.
| This leads to inquire into the origin of this
Government. and the source of its power Whose
agent is ii? Is ii the creature of the State Legsla
the creature of the People? If the Govern
ment of the United States be the agent of the State
Governments, then they may control it. provided they
can agreo in the of controlling it, if it is the
agent of the People, then the People alone can con-
troll it, restrain it. mostly reform it. 1t is observa-
bic enough, that the doctrine for which the honorable
gentleman contends. leads him to the necessity of
tanning, not only that this General Government
is the creature of the Satcs but that it is the crea-
ure of each of the States severally that each may
assert the power for itself, of determining whether
it acts within the limits of its authority 1t is the
servant of four and twenty masters, of different wills
and different purposes; and yet bound to obey all.
This absurdity (tor 1t seems no less) arises from
misconcepton as to the origin Of this Government
and its true character 1t is, sir, the peoples Con-
stitutio the peoples Government; made for the peo-
pie; made by the peoples and answerable to the pco-
Pile. The people of the United States have declared
that this Constitution shall be the Supreme Law.
We must either admit the proposition dispute their
authority. The States unquestionably sovereign
SO far their sovereignty is not affected by this
supreme law The State Legislatures. political
bodies, however sovereign, are yet sovereign
over the people. So FIR the people have given
power to the General Government, so far the grant
Is unqueslonably good and the Government holds OF
w
are all agents of the supreme power the people,
The General government and the State governments
derive their authority from the same source Neither
in relation to the other be called primary; though
one IS definite and restricted and he other general
and resduary. The National government Possesses
those powers which it can be shown the people have
conferred on II, and no All the rest belongs
the State governments or to the people themselves
80 far as the people have restrained State sovereign
tyby the expression of their will in the Constitution
of the United States, far, it must be admitted
State sovereignty is effectually controlled. do
contend that is, or ought TO be- controlled further
The sentiment to which have referred propounds
that State sovereignty only be controlled by its
own 'feeling of JUSTICE tina, is say is not to be
controlled at ali: for one who is to follow his own
feelings IS under no legal control Now, however
men may think this ought to be, the fact is that the
people of the United States have chosen to impose
control on State soyeregntes The Constitution
has ordered the matter differently from what this
opinion announces. To make war, for instance is
an exercise of sovereigny but the Constitution de-
clares that no State shall make war. To coin money
is another exercise OF sovereign pover but State
Is at liberty to coin money. Again. the Constitution
says that no sovereign State shall be SO sovereign
to make treaty These prohibitions, it must be
confessed, are CONTROL the State sovereignty OF
South Carolina, as well as of the other States which
does not arise from her feelings of honorable
justice Such an opinion therefore, is in defiance
of the plainest provisions of the Constitution.
Ihere are other proceedings Of public bodies
which have already been alluded to- and TO which
refer again Tor the purpose of ascertaninr more full
ly what is the length and breadth of that doctrine
denominated the Carolina doctrine, which the Hon.
member has now stood up on this floor to maintain
In one OF them find it resolved that sthe Tariff Oh
1898, and every other Tariff designed to promote
zone branch OF industry, at the expense of Others is
contrary to the meaning and intention ofthe Fede-
ra compact; and as such dangerous, paIpable, and
deliberate usurpaton Of power, by determined ma
'jority, welding the General Government beyond
1.-THE limits of its delegated powers Us calls upon the
States which compose the suffering minority in
their sovereign capacity, TO exercise the powers
'them, when their compact is violated"
Observe, sir, that this resolution holds the Tariff
of 1923, and every other ia. if, designed TO promote
one branch ofindustry at the expense of another to
be such dangerous, pablc and deliberate usur-
pations of power, calls upon the States in their
sovereign capacity TO interfere by their own power
This denunciation, Mr. President, you will please to