The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1830-03-17


ana tribunal, for settling questions of constitu
uonai law There are, in the Constitution
grants OF powers to Congress; and restriction
on these powers. There are also prohibtion
on the States. Some authority must therefor,
necessarily exist, having the ultimate iurisdic
lion to fix and ascertain the Interpretation O
these grants, restrictions, and prohibitions. TIL,
constitution has itself pointed out, ordained AMI
established that authority. How has it accom-
pushed this great and essential end By declar
lng sir, that =" the Constitution and lasos Of til,
onted States, made in Pu1 Sudnce thereof, shall
De the supreme lac of tie land, anu thing IN III.
Constitution or taws Of any State to the contra
| ry Notwithstanding
| This, sir, was the first great step. By thi.
the supremacy of the Constitution and laws o.
the United States is declared The people SC
VIII 1t. No State law is to be valid, which
comes in conflict with the Constitution, or any
law of the United States. But who shall decide
I this question of interference To whom lies the
last appeal This, sir, the Constitution itself
decides, also, by declaring " that the judicial
Po'cer shall ertend to all cases arising un4er
The Constitution and LaUs Of the United States y
These two provisions, sir, cover the whole
ground. They are, in truth, the keystone of
The arch. With these, it is Constitution,
without them, it is confederacy In pursu.
gress established at its very first session, in the
Judicial act, mode for carrying them into full
effect, and for bringing all questions OF Const-
| tutlonal power to the final decision of the Su-
preme Court. 1t then became Government
1t then had the means of selEprotection and
but for this, it would, in all probability, have
been now among things which are past Hav-
! ing constituted the Government, and declared
its powers, the people have further said, that
since somebody must decide on the extent of
these powers, the Government shall itself de-
eide; subject always, like other popular gov
ernments, 10 lis responsibility to the people.
And now sir, repeat, how is it that State
Legislature acquires any right to interfere !?
Who, or what, gives them the right to say to
the People, we, who are your agents and SER
wants for one purpose, will undertake to decide,
that your other agents and servants appointed
by you for another purpose, have transcribed
the authority you gave them The reply would
be, think, not impertment-" Who made you
a Judge over another's servants. To their own
masters they stand or fall ~
Sir, deny this power of the State Legisla-
ture altogether. 1t cannot stand the test of
examination. Gentlemen may say, that in an
extreme case, a State Government might pro-
tect the People from intolerable oppression Sir,
in such case, the People might protect them
selves without the aid of the State governments
Such case warrants revolution 1t must make
when 1t comes, law for itself A nullifyng act
OF the State Legislature cannot alter the case,
nor make resistance any more lawful. In main
tanning these sentiments, sir, am but asserting
the rights of the people. | state what they have
declared, and insist on their right to declare it..
Ihey nave chosen to repose this power in the
General Government, and think it my duty
to support IT, like other Constitutional powers.
For myself, sir, doubt the jurisdiction of
South Carolina, or any other State, to prescribe
my Constitutional duty, or to settle, between me
and the people the validity of laws of Congress,
for which have voted. | decline her umpir-
rage. have not sworn to support the Consti-
tuition according to her construction of its claus
es. have not stipulated by my oath of office
or otherwise, to come under any responsibility !;
except to the People, and those whom they have
appointed TO pass upon the question, whether
laws, supported by my votes, conform to the
Constitution ofthe country. And, sir, if we look
to the general nature of the case, could any
thing have been more preposterous than to have
made Government for the whole Union, and
yet left its powers subject, not 10 one interpre-
tatlon, but to thirteen, or twenty-four, interpre-
tations? Instead of one tribunal, established by
all, responsible to all, with power TO decide for
all, shall Constitutional questions be left to four
and twenty popular bodies, each at liberty to
decide for itself and none bound to respect the
decisions Of others: and each at liberty, too, to
give new construction, on every new election
of its members Would any thing, with such
principle in it, or rather with such des-
tituton of all principle, be fit to be called
| Government No, sir. 1t should not be demon.
mated Constitution. 1t should be called, rath.
er, collection of topics, for everlasting contro-
versy; heads of debate for disputatious people,
( 1t would not be Government 1t would not
be adequate to any practical good, nor fit for
any country to live under To avoid all posi-
J biity of being misunderstood, allow me 10 re-.
/ peat again, in the fullest manner, that claim
no powers for the Government by forced or un-
| fair construction / admit that it is govern
ment of strictly limited powers; of enumerat-
cd, specified, and particularized powers and
that whatsoever is not granted is withheld But
Notwithstanding all this, and however the grant
of powers may be expressed, its limit and extent
may yet, in some cases, admit of doubt and
the General Government would be GOOD for
nothing, it would be incapable of long existing,
/ if some mode had not been provided, in which
those doubts, as they should arise, might be
1 peaceably, but horitatively, solved.
/ And now, Mr.. President, let me run the hon.
orable gentlemans doctrine little into its prac-
! tised application. Let US look at his probable
:nodus operandi. liza thing can be done, an in
genious man can tell hOlc it is to be done. Now,
| | wish to he informed hOio this State intcrfer.
ence is to be putt practice. We will take the
existing case of the tariff law. South Carolina
is said to have made up her opinion upon it, If
we do not repeal it. {as probably shall not,l
she will then apply to the case the remedy of
her doctrine. She will, we must suppose, pass
law of her Legislature, declaring the several
acts of Congress, usually called the Tariff Laws,
I null and void so far they respect South Car
DINA, or the citizens thereof So far, all is a
paper transaction, and easy enough. But the
Collector at Charleston is collecting the duties
imposed by these tariff laws-he, therefore
must be stopped. The Collector will seize the
goods, if tho tariff duties are not paid. The
State authorities will undertake their rescue
the Marshal, with his posse, will come to tn,
! Collectors aid and here tie contest begins
The militia Of the State will be called out, t.
sustain the multiplying act. They will march
, sir, under a very gallant leader; for belicv
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