Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-04-23
9OYrEaIs!aG SI0MMH.
MIR. ROWAN,S SpEEC

MIR. ROMANS SPEECII-(coNCLUDrp1
MIR. President, state the case thus The movers
which the States, in their Constitutional compact have
allowed the General Government to exercise are .pe
cal The agents OF the United States, in the exercise
OF those special powers, have one OF the States al
legcs transcribed their specific limits and in(rinycJ
upon its sovereignty The State ressts the exercise Of
The power OF which It complains, unauthorized by
any stipulation in The compact, and as incompa ble
with lis own rights and duties as a sovereign The
agents, as lunctiona'ies OF the General Governments
say mat the exercise OF the obnoxious power is with.
~ their legitimate compel .ncy But, rather than be
thought astidiousy lice, perversely obstinate mo-
destly propose that the Supreme Sourt shall decide
'he matter. The Safe replies that ii cannot, without
violating every principle OF congruty and self respect
submit any question in relation TO its sovereignty
to any portion OF the subaterns of the States That
It IL ITSELF in virtue Of its sovereignty the Judge of il.
own rights, and Bound sovereign TO main, ain them
That while sovereign State cannot decenty be sun.
posed to violate the clear rights the General Govern
nen il cannot reasonably be required TO surrender t
own obvious rights, to the assertion Of dubious powers
on the part of that Government That the ri ght of
sovereignty in the State, clear and unqucs
mat the right under the alleged authority of which
is sovereignty has been assaile if it exist ALL must
exist in specific grant. That the denial OF its s g
mate existence by sovereign State, ought 20 induce
the General Government either to stain from exercs
ing IT, or to call upon the State. remove all doubt
about its Legitimacy, in amendment to the con.u
on, by the concurrent vo'e Of three fourths Of ter
number.
Mr.. President, let me urge that this re,Iv of tho
State ia very reasonable-n6nitey more 80 than the
proposition the part Of the General Government to
not exist in the Constitution and is believed to be ne
cessary for any Of the great objects of the Union the
States VIII, by an amendment 10 the Constitutions accord
Hs exercise 10 the General Cove nment Or il lis ex-
'tence in the Constitution is dubious they will by an
amendment couched in explicit terms. remove ali
doubts and thus, sir the Government will avoid the tn
nun, confusion, and perhaps bloodshed which might
be connected with attempt the part of the Cen
efai Government, TO diyest State Of it's .overegntv
ana suodne II by torce into vassaSge. This is the
course which the General Government ought TO take
IN question between itself and sovereign State in
relation to the sovereignty of the latter and the ee
macy Of the power exerled by ITSELF in dorogaiion OF
that sovereignty.
say that Congress should take this course-tbat
Congress should make the appeal the tribunal Of the
states because 1t claims to exercise special po,Der;
anu reason requires that when tbs existence of the
power, the Legitimacy OF its exerciIe i, que .tioneI
by sovereign State, il should be able 10 sbc IL. an,
thory, Tree from all doubt Ii is upon this rational
principle That IN all Governments courts of special and
Limited jurisdiction, required TO accompsnv thsJr
acts with the authority by which they wee done and
rlr hongs unless their powerto act clearly ,hewn
are considered as lawess and void Sir this pr in,ipe
nrts the exercise Of all special powers whether cgis
lauve eHecniiVe, or Judicial. common eotporation
chartered by State must be able 10 shsw in lie
ter, an explicit authority for whstever power il claims ia
exercise and its acts void unless ts powor 10 do ben
" explicitly granted in lite charter. RI tbs power I'm.
der which IT claims 10 act, he dubious instead Of nsr
ssiug to act must obtain from the Legislature an
amendment Of it's charter, abandon its claim "a tbs
power OF acting, qtoad. Now, all the reason, which
apply TO the smallest corporation i'm reIaoo IN ;,s
tered powers, apply with equal, with increased force
10 The Government Of the United States and 70 thc
Constitution, its charter. Wv
~ isa stupsndous corporation and becomes fearh,
~ powers when II claims FOR its Judicial department.
the exclusive right Of egazing Ivy it, decisions IN.
chcroachnens made by itself upon the sovereignty
INC 9'a'es' The Constitution is ts charter lie pow
e's are special and lmiteI To be safety exercised
ihey must be confined within the clear limits of II,
ehArer 10 nose limits may he Transcribed all lima
''oI was useless hdahious powers may be exercise
aud enforced, then specification was useless
li is upon Ibis principle that officers Of Covsr,,e
before hey Gao do any Off ii act must exbibi, fl =;
commissions-their authority. Norman occnnies , ,oa
10 lhis Body without having exhibited clear Gue ,
w and u might reasonably be urged that ne co,t
iako ms seat by iorce without exhibiting lille or ,o
doubtful uile a. that The General Government sG =
exert ny 'orce non. existing, or dubious power
II = doubt bad exi.ted in The tile Of the bopor,bi
senator to = seat In his Body he would bavc N .
PACK drd gc his ie s1 aineued az 10 rotooyc ali Ioj
before ne could occupy his seat So The Congress
relation 70 The exercise Of even doubtful poger sLo
60 Dsck 70 The States and Obtain, by an snendmenI
the,r ue' removal Of al doubt az 10 lie IegiUoSc,
But another fes'cn Why Congress- nod no, ihe oi1}