Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-03-19
10M@MMSsI0WAE.
IN THE SENATE U. S. JAN. 81.
.MR HAY.NE'S Second Speech IN reply to Mr.. Web

Take another which is very likely to occur
Congress have the unlimited power Of taxation. Sup
pose them also to assume unlimited power of appro-
priaon. Appropriations of money made to establish
presses, promote educ build and support church
es, create an order OF nobility, or any other uncons
utona objects il is manifest that in of these cases.
could the consttuonality of the laws making those
grants be tested before the Supreme Court. Ii would
he in vain, that Stale should before the Judges
WIN an act approprating money 10 any Of these OBJ
Jects and ask o the Court TO decide whether these
grants were constitutional. They could not even be
heard; the Court would say, they had nothing to do
with it; and they would say rightly. IL is idle, there
fore, TO talk OF the Supreme Court aordng any secu
rty to the States in where their rights may be
violated by the exercise of Unconstitutional powers OH
the part of the Federal Government On This subject
Mr. Madison, in his report says: But il is objected,
that the Judicial authority is 10 be regarded the
exposition OF the Constitution in the last resort; and
may be asked, for what the declaration by the
General Assembly, supposing il to be theoretically true
could be required at the present day. and in solemn
manner.
"on this objection il might be observed first: that
there may be instances OF usurped power, which the
forms of the Constitution would never draw within the
control OF the Judicial Department. Secondly, that if
the decision of the Judiciary be raised above the au-
thorty Of the sovereign parto, to the Constitution the
decisions of the other Departments carried by the
forms of the Constitution before the Judiciary must be
equally authoritative and final with the decisions of that
Department But the proper answer TO the objection
is that the resolution OF the General Assembly relates
TO those great and extraordinary i'm which all the
forms OF the Constitution may prove Intellectual against
nractons dangerous TO the essential rights of the parties
tot The resolution supposes that dangerous powers
not delegated may not only be usurped and executed
by the other Departments, but that the Judicial DEPART
ment also may exercise or sanction dangerous powers
beyond the grant OF the Constitution, and eqIepy
that the ultimate right of the parties the Constitution
to Judge whether the compact has been dangerously vo-
ty, as well as by another-bv the Judiciary as well as
by the Executive or legislative.
"However true, Therefore, IL may be, that the Judic
Department, has i'm all que 10 il nv the
forms ofthe Constitution, to decide in the las, this
resort must necessarily be deemed the last i'm relation
TO the authorities ofthe other departments govern
inent: not in relation to the rights Of the parties TO the
constitutional compact, from which the judicial as
well as the ether departments hold their DELEGATED
trusts Ga any other hypothesis the delegation of in
dcal power woult annul the authority dele ating il:
and the concurrence OF this depar,men with the Others
in usnrped powers, might subvert for ever and
the possible reach OF any righUuI renedv the very
Constitution, which all Were instituted to preserve"
IL then the Supreme Court not and from their or
ganzaton, cannot be the umpires in questions of con-
ilctng sovereignty, the next point to be considered is
whether Congress themselves possess the right of ecd
ing conclusively on the extent of their own powers
This know is popular notion, and il is founded OF the
idea that all the states represented here NOTHING
can prevail which is not in conformity with the will of
the majory-andits supposed TO be republican maxim
that much care has been taken the State. and
the People from rash and unadviscd legislation The
organization of two houses the the representatives
of the States and the other the People manifest AN
anxiety TO equality and justice in the operation
of the Federal System But all this has done no more
than to secure against any laws, but such should
the two Houses of Congress.
Now, will any contend that it is the true spirit Of
this Government that the will of majority of Congress
should, in all cases. be the supreme law? f no security
was intended TO be provided for the rights of the States
and the liberty of the citizen beyond the mere orpani.
zaion oil the Federal Government, we should have had
no written Constitution, but Congress would have been
authorized to egisate for in all whatsoever
and the acts OF State Legislatures like those of the
present legislative councils in the Territories, would
have been subjected to the revision and control of Con-
gress. If the will of majority of Congress is to be the
supreme law of the land, il is clear the constitution
dead letter. andhas utterly failed of the very object for
which it was designed-the protection of the rights of
the minority But when, by the very terms of the
compact, strict limitations areimposed every branch
oil the Federal Government, and it is moreover express
~ declared that all powers, not granted TO them sare
reserved to the States the People,, with what show
OF reason can ii be contended that the Federal Govern
ment is to be the exclusive Judge of the extent of t
own powers? written Constitution was resorted TO in
this country great experiment, for the purpose of
OF ascertainDg how far the rights of minority could
be secured against the encroachmcns OF majoriieso
ten acting under party excitement and not unfreuuen
ly under the influence of strong interests The mo-
men that constitution was formed, the will of the ma
Joty ceased to be the law except in cases. that should
be acknowledged by the party TO it, to be within the
constitution, and to have been thereby submitted To-
their will But when Congress- Exercising adelegat-
ed and strictly limited authority pass beyond these
limits, their acts become null and vod and must be de-
clarcd 10 be by the Courts in cases within their i
risdiction; and may be pronounced to be So by the
States themselves, in not within the jurisdiction of
the courts of sufficient importance Justify such an
Interference. | will put the case strongly Supposc
in the language of Mr.. Jefferson the Federal Govern
ment in its three ruling branches should (at some fu-
rc day be found, "to be in combination To strip their
colleagues, the State authorities, of the powers served
by them, and TO exercise themselves all powers foreign
and domestic would there be constitutional RENE
dy against such usurpation? If So then Congress
is supreme, and your constitution is not worth the
parchment on which ii is written. What the GEN
icman calls the right OF revolution would exist, and
could be exered we'll without constitution as with it,
IL in vain 10 tell us that all The STATES repre-.
'entsd here. Representation may, or may no, afford
security TO the people. The only rr,ctcai ,eturity
eanst oppression, in representative governments to
be found IN this, that those who impose the bur- hen,
are compelled 10 share them. Where there are con-
bicing interests, however, and majority enabled
10 impose burthens the minority, for their al
van'ages is obvious that aon, the part Of
hat minority, can hsve other effect than 10 furnish
an apology Tor the injustice" What security would
representation OF the American colonies in the Brsh
Parliament, have afforded 10 sUcesors What would
be the yalUe of West India representation u now!
VI what value is our representation here, que tons
connected with the "Americdn system where Ito use
The strong language OF Distinguished staesmaD) the
mposiion Is laid not by the representatives Of those
who pay the iaS but by the representatives OF those
who receive the boIniy" Sir representation will
afford ample security, IL the Federal Government
shall be strictly confined within the limits prescribed by
the constitution; and it, ing its action TO matters in
which all have common interest, the system shall be
made 10 operate equally the whole coantry. But
IL will afford none ii the will Of an inte rested ma
oriiy shall be the supreme law and Congress shall un.
deftake 10 egilae for ne in ali wbasoever Be.
fore leave this branch Of the sui iec must remark
that, while gentlemen admit, they do, that the