Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-02-09
IN mistake Got tAey were kept distinct BY Ar web.

for and SO far as his own powers of perception could
be relied on, (he did not pretend to determine for
ohers,) he had found. 1t is the Federal Judiciary.
Unless such common judge exsted-if, in the exer-
else OF the powers committed to them, the Junction.
aries under the constitution were bound to conform
10 what each individual party TO the constitutions
might deem the proper construction OF that iDsru-
ment-tiIen would this Union be mere rope IF sand.
He might have gone further, lie might have leraled
II fo,e OF animated sanda rope requiring no eXter-
nc! agency FOR is dsSoluton. He did not believe
1t TO be rope of sand He believed It to be some
thing fitted for useful purpose. He believed
TO be an arch That the architects of the Union had
intended to be aYch and had fitted l. TO serve the
purposes ofan arch by putting keystone to it.
+ The Government CT the United S a:cs, he consi-
dered as timitcd, not an unrai'ed government.
Inc common tunc;ionarics created by the Constitu-
ton, he considered created for definite rot inde6,e
purposes. But IN the exercise Of the powers com
united to them, he deemed those flact;onares the
agents of oae People Members of Congress, he
considered as units OF collective funcionary OF the
"People Of the U. ST.: people. united by the
constitution reference the Emitted objects of the
constitution, and no other OBJECTS, into People
One fnnctonary, bound tn exercise It's powers fer the
ccrnlon benefit of one people. He did not thn lat
members OF Congress could properly be viewed as
several f1ncionories Of Seueiml States. Although
elected by tn. Legislature of Massachusetts, the
ABOVE was the character with Which! e deemed him
Self TO be ,aTos;od That the character in
which ne deemed it his duty-in watch 1t was his
pride aud pleasure to act. IN which he ,eould act
fairly and rnparliGlly the besl OF his knowl dee
and abilities however dscorian With his own the
views OF others might BE- and in whatever spirit that
accordance might be expressed As public agent
OF the People OF the U. S. Sc aci.no w!elrcd Ito
right either III tire Legislature of one or of all the
States, or in the psope of any iediYidual State to
dictate to him Vat construction should be pu. n,,on
the instrument under which nc acted.
! The right OF every State, separately and rdivi-
dua!iy TO judge for itself the last resort on con
stitutional questions. Mr.. Webster did not, be-
lieve. conrovert. His ohiec; appeared to DC, to
show he real nature of this right That 1t is a
right, not under, bot beyond the constitution Plat
II IS the revolutionary princple-the principle on
which turned the separation of these States from,
oreat Britaln--a principle, appeal to whSch now
Wonld necessarily involve their separation from one
another. That the exercise Of this right bv any
State, is inconsistent with toe continuance OF the e
dcTai compact quo aathat State. That wos'd deter
ane, so FAR thai Stale is conco@red he cSi-tenoo
OF thc federal functicnaries. That acre is not in
the nature of things, any middle eTouHd Cor am QUE
Ssate to occupy, between secession from the con-
pncs' ana aeques'ence under the authorities es'a-
blShed by the compact: long those authositics
confined themselves within the limits which, by the
parties to tie compact, might DO deemed the real
limits prescribed by the constitution.
I Thls secession not right u:slcr lhn constitu-
ton lay 6eyondt the constitution Not only is an
uhconS'itut!ona act not binding upon any State; it
is not binding upon any citizen. But the question
OF ITS constituto.iay, i. could not belong to Zach
individual State to decide for Itself Ifsuch were he
cnse. the Government would exist only III name
O''de the constitution the securities against trans.
gresslon of It's limits three: The iudlcnry-
the elective principle which pervadcs every corner
OF the faoric and by the operation of f,lch one set
OF public agents disposed to transcend what by the
parties to the constt Ition, were deemed TO be those
limits, could and would certainly b. ex hauoei fur
another-and husily, the power of amendment;
whereby Whatever NIGH be doomed doubtful could
and would be made ceriain not indeed by the lec
SION OF one OF tho parties bat by that of the p1ytes
" itnout pretending TO give the words OF hIr
'" cnsteT or even his very ideas, have here endca-
with ~, -
on my mind IN relation his views of our u deraI
compact. On the accordance of these Impressions
with those intended TO be conveyed by iH, at least
III their general character RELY the rsore from, the
subject being n some degree, familiar to my rsina;
and from my repeated enieavors 1T obta ming Distinct
and correct views of it, having led to lie same
ground
IN ono passage of Mr. Vebgter's speech. IN, nrs
else words of which do not recollect it was n1air
tanned, that the Federal authorities were constituted
by the sPeopie of the S. and not by the Statcr
Whether this be sound doctrine not, depends al
together the sense in which the words Pea,,
States were used In making his choice arar,., tho
many senses which usage has affixed to those words
the reader will bear in mind that tho doctrine which
Eli eoster was combating land he repeatedly
aud explicitly stated 10 this: the ipridnsI etats-
OF the Union have right to determine each for seIf
on constitutional questions and to nuIIfy each for
ITSELF any act of Congress deemed by it, paIpablv
unconstitutional f'
This passage of the speech is the only one y,tc,,
LETT my mind in doubt as to the ortoa ~ of A.
Websteps principles-so Car as they wer dereIanes
and on many points, they most luciliy, precisely
and completely developed refer here to hts views
CT the fundamental principles of the constitutions No,
to his opinions as to any particular ooer-such as
that of internal improvement, &c.--havine been
granted or not granted: that is a totally different
matter RecoiIectng however, that, in politics as
in religion, agreeably to the English Bishops witt,
deanitionf which is not the less philosopc for bang
witty, "orLhodory is my doxy; and Eete;odopy,
every Others doxy"; | will enable the reader to
value this statement on my part, for what it may be
Worth, by succnctly stating what my doxy is.
First hold it to be the uuaena6e right of every
independent community, at every moment and cny
moment OF its cxistence, TO establish government
OF lis own choice Aud this, Whatever may be- the
origin, nature or operation of its existing govern
ment.
Secondly, hold it to be tho right Of every porion
OF every cornmunity-ffonlt the greatest to the oas
II the measure be conscientionsly deemed by that
portion pfomotive OF its own happiness and consis-
tent n d;Jo ard for j,,t