Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-03-26
G0N@RMs9 IDW .Ala.
IN SENATE-Feb. 23.
Speech Of M JVOODBERY IF N;a,- IIauDsbire

'Peeon .T. WOODBORY, II .NcG-HdmPshlTe,
On @ur Roofs ResotiitiOn.-(c oNr INUED) 4
III VIII thus he seen how the powers OF tho General
Government have been gradually brought through
Oh .s departments TO bear on tho States and how tho
decisons oil that department have gradually tended 10
inc dangerous enlargement of those powers. This sub
Ject mas been advcred the purpose uucs-
uohng inc constitutional competency of that Courtso to
decide when II think best, but 10 ask whether
exists Tor the Staos when opposed the political
ing oil those constructions-when opposed to such po-
ucal operation of the Constitution. check control
The Influence of such Of decisions: and f any
way does not exist, whether the government is like
y soon TO end in consolidation, and whether our future
PRESIDENTS and Vice Presidents, without reference to
any signs oil the times about new alliance, not, as
more Than once inmated in this discussion, from the
west East, d. s. H. 10 be lifted hereafter from that
bench TO preside over the desnes of consolidat-
ed government. My own answer TO somo of these in
quries is, firstly that by the States States the erro-
ncous decision of the Legislative and Executive De-
parrments OF the General Government generally be
corrected by changing in the State Legislatures, and
the balio-boxes the agents here who made those de-
cisons This has been the ordinary remedy in ordina
ry cases Another class Of decisions and especially
those by the Judiciary when the Judges
able by the people, tho States Congress those
OF the Supreme Court not can be corrected,
times by the States States. through public express
sions OF opinion in their Legslaturcs acting by their
intrinsic reasoning and forco the agents who made
those decisions, and inducing them revise and alter
their doctrines in future Ii would not be derogatory
any court TO listen to any expressions OF opinions and
arguments, such those contained in the Virginia re-
solutions of 119S-n the resolutions of South Carolina
on the tariff or in the Executive Message, resolutions
and report oil the Legislature of New Hampshire, in
1922, on the constructive powers claimed for the Gcner
al Government When all these modes fail. another
decisive resort on the part of the States, is 10 amend
mens OF the Constitution, by the safe and large majority
OF three fourths. The acknowledged power of the
States by their resolutions and in this way to
effect any changes, limitations corrections shows
clearly that in them the real sovereignty between the
two governments is placed by the Constitution, and in
them the final, paramount, supremacy resides They
can alter tbs Constitution; but we here cannot alter
their Constitutions. We then the servants and they
the master. On the contrary, whatever others may
hold, do not hold that any certain redress beyond this
on the part OF any State be nerposed against such
decisions ot the Supreme Court followed hy legal
process unless that State resorts, successfully, force
against force in conflict with the federal agents
admitted by me, however, that, State may resolve
may express her convictions the nullty
tutionay of law decision of the General Govern
ment. These doings may work change through pub
lie op'ncn or lead TO cooperation OF heefourhs OF
the sister States the errors by amendments
OF the Constitution. But whenever the enforcement of
the law decision within the scope of the
knowcdged jurisdiction of the Supreme Court and
he accomplished by legal process, way ia which
tsat Court can be controlled except by moral and intel
ecual appeals the hearts and heads of her Judges or
by amendments 10 the Constitutions by the deplorablc
and deprecated remedy of physical force. This latter
resort DO not understand any gentleman here APP
prove, until all other resorts fall and even then only in
where the evil suffered is extreme and papabe
and indeed nolcrable and dangerous than the dis
solution of the Government itself.
Such was the doctrine of Mr.. Jefferson and Madison
VA Resolutions Is p.)
'lhe resolution has accordingly guarded against any
misrepresentation of lis object, by expressly requiring
for such nerposton "thc of deiiberafe pal
puble, and dangerous breach of the Constitutions by
the exercise OF po,ceTs not granted by it, 1t must be
case, of lig',. and transient nature but of
ture dangerous TO the great purposes for which the Con-
siitution established. 1t be case moreover
not obscure doubtful in its construction but plain and
paipdble. Lastly, il must be not resulting from
partial consideration, hasty determination; but a
sampt with final consideration and deliberate adj
hercnce"
racy will feel either the necessity inclination to
advance and thus put in jeopardy that union which
all profess highly TO prize. Most of the States,
States in most of the exgences that have arisen under
the Constitution, though all other efforts failed, have
thought il better still 10 suffer