Litchfield enquirer., 1830-03-18

CtbnS(lIllIlOnal law. IDeTe 6TPs Iu tUc CVuSu0 tuition, grants of powers to Congress; and restrictions on these powers. There are also prohibitions on the States. Some authority must therefore necessarily exist, having the ultimate jurisdiction tO fix and ascertain the interpretation of these grants, restrictions. and prohibitions. The Constitution has it. self pointed out, ordained, and established that authority. How has it accomplished this great and essential end By declaring, sir, that .'the Consultation and the la,Cs of the U- ! niied States, made in pMrswdnce thereof shall be the supreme LaO of the land, any thing in the Constitution or la,cs cf any State to the contra ry notwithstanding"
 This. sir, was the first great step. By this. the supremacy of the Constitution and laws } of the United States is declared The PeO- pie so will it. 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 this question of interference T. l To whom lies the last appeal? This, sir, the Constitution itself decides, also, by declaring. "thGt the Judicial pu,cer shall ertend to aH ca- ses arising under the Consultation and LGlcs Q the United States" These two provisions, sir, cover the whole ground. They are, in truth, the key-s stone of the arch. With these. 1 it is a Constitution, without them. it isa Con frderacy. In pursuance of these clear and express provisions, Congress established. at ] its very first scssion,n the Judicial act,a mode for carrying them into full effect. and for 1 bringing all questions of Constitutional power 1 to the final decision of the Supreme Court. | It then, sir, became Government. 1t then
 had the means of self-protection and but
 for this, it would, in all probability have been
 now among things which are past Having
 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, to its responsibility to the People. And now, sir. I 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 de- eide. that your other agents and servants. aP-
 pointed by you for another purpose. have l transcended the authority you gave them !! The reply would be. think not impertinent- "Who made you judge over anothcr's ser wants? To Other own masters, they stand or 1 fall.''
 Sir, deny this power of State Legislatures altogether. It cannot stand the test of exam
 inatIOn. Gentlemen may say, that in an ex- treme case, a State Government might pro
 tect the People from intolerabe oppression. Sir, in such a case the People might protect themselves, without the aid of the State
 Governments. Such case warrants revoIu-
 ton. It must make, when it comes. law
 for itself. A nullifying act Of State Leg's-
 lature cannot alter the case, nor make resist
 ance any more lawful. In maintaining these
 sentiments, sir, am but asserting the rights "f
 the people. state what they have declared, and insist on their right to declare it. They [ have chosen tu repOse this power in the Gen eral Government, and think it my duty to support it, like other tituIional powers.
 For myself, sir, I doubt the jurisdiction of
 South Carolina, or any other State. to pre-
 scribe my Constitutional duty, or to settle,
 between me and the people the validity oi
 laws of ongress, for which have voted. l decline he' umpiragc. | have not sworn to support the Constitution according to her construction of its clauses. have not stipn' lated by my oath of office OF otherwise. to come under any responsibility, except to the People, and those whom they have appoint ] ed to pass upon the question. whether laws. l supported by my votes ( on fOI m to the (.Onstl- 1 tuition of the Country. And, sir. if we look tO 1 the general nature of the case. could any | thing have been more prepostrrous, than to have made Government for the whole Un- ion, and yet left its powers subject, not to one interpretation but to thirteen, or twenty -four. 1 interpretations Instead OI one triOuOas, es- abolished by all, responsible tO all, with pow
 CT to decide for all, shall Constitutional ques- 1 tions be left to four and twenty popular be-
 dies, each at liberty to decide for iseIf and none boundt to respect the decisions of others; and each at liberty. too, to give new con- struction. on every new election of its own members! Would any thing. with such a principle in it, or rather with such a destitu- tion of all principle. be it to he called a Gov ~rnment! No. Sir. It should not he de- nominated a Constitution. It should be called, rather. collection of topics. for ever lasting controversy heads of debate. sor a Inspirations people. It would not he Gov ernment. It would not he adequate to any practical good, or lit for any country tO live under. To avoid all possibility of being mis- understood, allow me to repeat again, in the } fullest manner. that claim no powers for the Government by forced or unfair con- l structiOn. I admit, that it is a Government of strictly limited powers; of enumerated. specified. and particularised powers; and that whatsoever is not granted. is withheld. But notwithstanding ali this, and however the grant of powers may be expressed, it's limit and extent may yet, in some eases. ad- ] init of doubt and the General Government l would be good for nothing, it would he in capable of long existing. if some mode had not been DrOvi,led in which those HOuhtS as