Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1830-06-17
TWENTY FIRST CONGRESS-.
Ettraei from. yIr. Lipmgsioa.s sosscb in N,
FIRST SESSION.
Senate Of the United States.

| IL. -
To ali Tue parties their full sovereicnty. nor
such consolidated popular government as n.
pTlyes them ofthe whole of that sovereign NOW.
or. II - compact by which the peonle of
taeh state have consented To take from their
own Legislatures some of the powers they had
CONFERRED upon them, and 10 transfer them.
with other enumerated powers L. tue govern
ment oi the United States created bv that rnm.
pact these powers, so conferred are snme of
those exercised by The sovereign mower Of the
County IN which they reside do notr.,ean here
the ultimate sovereign power Residing under
all governments democratic orSiespotlc IN tho
p ople--a sovereignty WHICH must always
IN theory exist, however its exercise NAV by
foreign or domestic power be repressed--hut
| mean that power 10 regulate the affairs of a
nation, which resides In its government what
ever the torn Oft that government ma, be; tbs
NAV be. and generally s,cisirbuted 10 TO sever
ri hands. Asto all those attributes of so,pr.
eighty, which, 10y 'he iedprsl compact. were
| trans erred TO the General Government n is so.
verelgn aud supreme the sta es have abandon
ed, and can never reclaim them
As 10 all other sovereign powers the States
| retain them.
But the States have not only given certain
| powers TO the General Government hnt they
expressly give the nght OF enforcing obe.
dience 10 the exercise OF those powers They
| have declared that " the Constitution. aud the
Jaws which shall be maze IN pursuance there.
| Of, stall be the supreme law Of the land an.
| Thing an the Constlluipn or laws OF any Sia'r
20 the contrary notwithstanding" And they
| have also expressly consented that the Judi
| claIY OF The United States sbsl have cognizasce
of all cases coming under those laws. Herr
The words OF the compact provide Tor the
means by WHICH controversies Coming under
II are 10 be decided but TINS must be taken
With tho understanding, thai they ae conlro-
versus arising not only under thu laws Of the
United states, (nenhng lie Constitution and
treaties) but they musi be between parties over
whom the Constitution has given jurisdiction
# the courts. Every case, then, of this des-
srption, must be submitted 10 the Judiciary OF
the United States and IN all cases the Consi-
tuition of the United States is paramount 10
authority 10 n law of the United States, and as
both OF them are so IN a law Of the Stale, the
Supreme Count Of the United States musl, of
necessity, when conlrarieiy between the, ~
authorizes IA .aleged, in amy case legally be-
fore il, determine thar question. and IFS deter
minatiun must be final The parties must be
bound, the States TO winch they belong must be
hound, for hey III this compact have agreed
Tint their citizens shnll be 50. But IL is ask
ed, suppose The law OF Congress IS palpably
contrary 10 the Constitution, and endangeis
The liberties OF the country, must Tie 5laie
submit ? lfthe question b. whether the State
can constiiuionslls rcaist, there is but one an
swer. She has by The Constitution consented
thai the Supreme Court shall finally decide
whether this be constitutional OF not. II the
question be, OF the right which all people have
10 resist rninous oppression, The answer IS Ms
clear, and | should be the last man ia The
world 10 oonrayenp the existence Of tina M
lipnable right. Bat thai IS not the question
It IS Of constitutional right, whenever IN the
opinion of the Legislature, Tor, as some uink,
oil II convection of the people OF any one
Stste.) law Of Congress is pAIpabiy unconsu.
tulional such State has II right, under the
Constitution, not only 10 declare lhe act VOID
but 10 prevent It's execution within the State,
unHl Congress small propose Il deCiarotory
mrrdmeut TO the slates. and then DECISION
shall br obtnned. aud ali of lhls without OUT
ting their place III the Uuon--wllhuut disturb
ing IFS peace, it is said but, on the contrary, II
is contended, for the purpose Of preserving the
general compact mVIolate. Now. Sn, indie
pendcnuy oil the Prg0ment drawn from HE
express consent Of the people Of The several
States, that in all matters where the Supreme
Court have jurisdiction between individuals,
they should determine, AMI mus determmt
whether n law be Notwithstanding
IDENTIFY of this, and supposlng no SUCH powers
given 10 the court eau II be supposed ihat So
essential "A feature IN The Government as
positive ueto given 10. or reserved by Each
State upon the operations OF me whole. would
have heen left not only nuproyided tor by sG-
press words, but without even an ambiguous
phrsse--a single doubtful VOID TO hang The
argument upon 1t is derived solely from the
right, attached 10 the sovereignty OF tue state,
unimpAired by its a cesson 10 the Union. lnd-
visible, according 10 The argument OF my
learned friend from Kentucky, and always alive
and active mot one OF those which he express
siyely says will keep cJid) aud ready 10 50 mio
operation ~heneyer lis altaehed'
| have called II positive rtto on the opera
tions O Fl the whole goyoInment IS II not SO IN
effect That the right, when exercised by
single State, can only prevent the execution
Of he obnoxious law IN the state alone, winch
objects TO il, does not take from the power the
character have gwen 10 II, Is apparent for,
if the General Government be under an nbllga-
lion TO desisl rom executing the law IN ne
ouposinp State, they must OF Necessity, re-
train from putting II IN force IN the Others, II II
were tax. because they must be eqnh' : II any
other subject Of legislation, imposing barthen
or restriction, they could not. injustice, force
the others 10 bear what one was relieved from,
Tor would the other states submit 10 50 une-
Cual an imposition. The argument, then, sup
noses feature IN the Constitution. which Ger
tainly is mol expressed in ii which most assured
~ would has been expressed II had been io'e0-
dec; for II totally alters IFS character phi the
pow er oithe Union al the will any one oil lis mem
bers and allows u,wthont risk, TO throw OF all
the burr hens OF government al its pleasure. lie.
member, Sir ,tna'I am speaklngioi conSiRutioHai
rjrbl for that is ihe one claimed)-a ughl
under the Constitution, not over Ia power
that may be exercised without incu'r'ng ANY
risk or committing, any oience--whhout for
feiting place in the Union. or any rGh' OF
nriyiIede under IT,. The State has only to
resolve, by its ordinary legislature. or, aocor-
ding TO others, ia conve niion Of its oiti1ens,
that a law enacted by the General Government.
is papaply unconstitutional and dangerous ana
that il shall cease 10 operate and II must
cease TO operatc ; and g: an inevitable conse-
ouence. it may be resisted by force as another