Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-03-05


people may choose it shoudbc. II is as popular Just
rs truly cmnnating from tho people, as tho State
governments 1t Is created for purpose; the
State governments for another. II has its own pow
ers; they have theirs. There is more authority
with them to arrest the operation of law of Con-
grcss than with Congress to arrest the operation of
their laws. We urc here to administer constitution
cmanatng immediately from the people, md trusted,
by them, to our administration. Ii is not the creator
1.-THE State governments. 1t is Of no moment to the
that certain acts OF The State Legislatures
are necessary to ill our seats in this body. That is
not one Of their original State powers part of the
sovereignty OF the State. 1t is duty which the
people, by the constitution ITSELF have imposed on the
State Legislatures; and which they might have left
to be performed elsewhere, If they had seen fit So
they have left the choice of President with the ccc-
tors but oil this docs not affect the proposition that
this whole Government President, Senate and House
OF Representatives, is a popular Government. It
leaves 1t still all its popular character tn Govern
or OF State, in some of the States is chosen, not
directly by the People, but by those who are chosen
by the people, for the purpose of performing, among
other dutcs that of clectng Governor. Is the go-
ycrnment OF tho State that account, not popular
government This government, sir, is the ndepcn-
dent offspring OF the popular will. 1t is not the crea
turc of the State Legislatures nav more If thu, whole
truth must be told the people brought it into cxis-
tence, established it. and have hitherto supported it,
Tor tho very purpose, amongst others, of imposing
certain sautary restraints State so yercigntcs.
The States cannot now make war. they cannot con-
tract alliances they cannot make each for ITSELF sepa-
rate regulations Of Commerce, they cannot lay i'm
posts, they cannot coin money Iftls constitution,
sir be the creature OF State Legislatures it must be
admitted tina, il has obtained strange control over
the volitions of its creators
The People, then, sif, erected this Government.
They gave It Constitution and in that constitution
they have enumerated the powers which they bcs,ow
on 1t. They have made it limited government. They
have defined is authority. They have restrained it,
to the exercise Of such powers granted; and all
others, they declare, arc reserved to the States
or the People But, sir, they have stopped here.
II they had, they would have accomplished but half
their work. No definition can be so clear as TO avoid
possibility of doubt; no limitation so precise as TO en-
clude all uncertainty. Who, then, shall construc
this grant OF the people, Who shall interpret their
viii, where it may be supposed they have left it
doubtful With whom 90 they leave this ultimate
right of deciding On the powers Of the government
SIR, they have settled all this in the fullest manner
They have left it with the government ITSELF in its
appropriate branches. Sir, the very chief end the
main design, for which tie hole constitution was
framed and adopted, was to establish a government
that should not DC obliged act through State agcn
cy, or depend on State opinion and State discretion
The People had lnd quite enough of that kind of 90
vernment, under the confederacy Under TINT system
the legal acion-the application oflaw 10 individuals
belonged exclusively to the States. Congress could
only recommend-,hcir acts not of binding force
till the States had adopted and sanctioned them
Are we in that condition stilll Are we yet Mt the
mercy Of State discretion and State construction
tain the Constitution under which we sit.
But, sir, the People have wisely provided, in the
Constitution itself proper suitable mode, and tri-
bunal, for settling questions of constitutional law
lhcrc!n the Constitution grants powers to Congress;
and restrictions on these powers. There are also
prohibitions on the States. Some authority must
thcrc:Lre necessarily exist, having the ultimate ill.,
rlSdctlon to fix and ascertain tire Interpretation of
these grants, restrictions, and prohibitions. The
Constitution has itself pointed out ordained, and cs-
tablished that authority. How has it accomplished
this great and essential end' BY declaring sir, that
thc constitution and the laws of the u States made
IN pursuance thereof shall be the supreme law of the
land, any thing in the constitution or laws ofany State
TO the contrary notwithstanding"
iHis, slr, was the FIRST great step. BY this, the
Of the constitution and laws of the IT, s.
rs declared The People will it. No State law is
to be valid, which in confiic with the constitu-
ton, or any law of the u s. But who shall decide
this question CT interference TO whom lies the last
appeal This sir, the constitution itsefdccides also
by declaring, that the Judicial power shall extend
to oil cases arising under the Constitution and Laws
of tho q. States" Thes, two provisions, sir, cover
the whole ground. They arc in truth, the keystone
of he arch. With these, it is constitution; with
out thein 1t is coufcderacy. In pursuance of these
clear and express provisions Congress established at
its very first session. in the judicial act, mode for
carrying them into full effect, and for bringing all
questions OF constitutional power to the final decision
OF the Supreme Court. 1t then, sir, became a 70
vernmenf. 1t then had the means Of self proection;
V,
been now among things which arc past. Having
constituted the government, and declared Its powers
the people have further said, that since some body
must decide on the extent OF these powers the 70
vernmcnt shall itsefdecidc subject always, like other
popular governments, to its responsibility the peo
pie. And now, sir, repeat, how is it, that State
Legislature acquires any right to interfere? Who,
or what gives them the right to say 10 the People,
we, who are your agents and servants for one pur-
pose will undertake to decide that your agents and
servants appointed by you for another purpose, have
the authority you gave them The reply
would be think not ippertinent-"W made YOU
a Judge over anothcr's servants To their own mas.
tiers, they stand or fall"
Sir, deny this powor Of State legislatures alto
gcthor. " cannot stand the test of examination
Gentlemen may say, that in extreme case, State
Government might protect the people from in,olcra-
bic oppression.
Sir, IN such case the people might protect them
selves, without the aid Of The State Governments.
Such warrants revolution II must mako,
when it comes, a law for itself 4 nulifyng act Of
= State Legislature cannot alter the case, or make
resistance any more lawful. In maintaining these
sentiments, sir, am but asserting the rights of the