Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1830-06-09

one independent State right; and that in
every instance it will be found that it is
the national right only, if any, that has
been effected.
But are not these national rights as inn
ponant TO the nation, as the State rights
are to the States? / agree that they are.
Now suppose acts of the National Go
vcrnment to be violations of the Constltu-
ton, but not violations of the State rights;
and therefore the common concern Of the
nation, and not the peculiar concern Of
any State, what is to be done, and what
is the remedy answer, the remedy lies
with the nation. The law, say, is uncon-
stitutional; let the law be repealed; the
nation has the power to repeal it; their
elections give them this power; or let the
National Judiciary say it is unconstItu-
tional, and then it is repealed. But sup
pose the Judiciary will not say it is un-
constitutional, and the nation will not
have it repealed! What then is the reme-
dy? answer there is none, and that there
ought to be none; for then it is nation
al question, settled by the nation, by a
majority against the minority; and the
law is TO be deemed and taken to be con-
stitutional; it must be SO, unless you de-
ny that great principle Of all society, that
a ma jority is to govern, and maintain that
disorganizing principle, that minority is
not to submit to the will of the majority.
Well, if not to submit, what then? Why
then to separate, for there can be no 9TH
r,II hv fhnt .,
minority ofthat minority, in similar case
and which must happen, is also to sepa-
rate; and the majority Of that minority is
in the same situation; and must go on
with the same process; both dividing and
subdividing, till the society itself is de-
strOyed, or irittered up into family clans.
If a minority is not to submit to a ma
jority; and ifseparation is to be the rem
edy for difference of opinion and these
the consequences of separation, the rem
edy is infinitely worse than the evil; for
it is to destroy the very being of society
TO remedy an evil which is necessary to-
all society; namely, the evil of difference
of opinion. Ircpcat that the remedy for
all unconstitutional acts of the general
government affecting the nation lies in
the power of the nation. For it is an en-
tire mistake to suppose, as has been sup
posed that the Supreme Court is the ulti-I
mate arbter in these cases. For though
the Supreme Court may decide a law to
be constitutional which is not constitution
al, thing, by the way, not very likely tol
happen, they cannot continue the law
1t rests with the nation to determine
whether it shall be continued, or shall be
repealed. And if the Supreme Court
misintcrpret the constitution, n thing as
unlikely to happen, it lies in the power
OF the nation to apply the remedy, and
correct the error; it lies in the power of
amendment. So it is the nation and not
the Supreme Court who is the ultimate
arbiter in all those cases.
lfthe constitutional principles which ]
have now attempted to dcvelope, are true
constitutional principles, and if | have
been so fortunate rs to make the develop
ment Ineligible to the Senate, they will
show them that the constitutional doc
trincs to which have alluded and en-
ccptcd are erroneous, and ought to be re-
pudiated; andt,if dangerous to the stabil-
ity Of the Union, that they ought to be
reprobatcd. For it is not easy even to-
imagine the value of that stake which
we all have in the integrity OF this Union.
the great States as well as the small
This beautiful and almost boundlcss coun-
try; this spl endid patlimony of our IA
Tiers; this if we arc wise, still more
SPLENDID Inheritance oiour children, and
of their children, down to the latest gen.
erations of our postcrity; as to all that it
now is and as to all that we hope it may
be; all, all is put to hazard by the hazard
Of this Union. And to talk of calcula-
ting the value orthe Union as if it could
be counted in dollars and cents. A val
uc which no power of numbers can cx-
press, no stretch of Imagination can en-
brace, and which battles every effort of
the mind to comprehend in its magni-
tude!
Thishappy work Of our Union, consum-
mated by our happy constitution, / am
wont to consider as the offspring Of some
thing more than human wisdom, great as
that wisdom was in its founders and fram-
crs: for, as we are taught, there is a'spirit
i'll man, and the inspiration oithe Almigh-
ty sivcth it understanding And i be-
lieyc Il hope not superstitiously, but pi-
ously) that it was manifest in that work
| believe it q providential event, marking
the divine favor on this favored land
and ofthe many marks of that favor to be
noted in our short but cvcntiui history,
believe that to be the most signal.
The Union! l am wont TO consider it
as the guardian angel Of this country,
commissioned by the Almighty to preside
over her high dcstinies, and to lead her