Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-03-02

,;onai law. There are in th- CONSTITUTIONS
grants Of powers 10 Congress, and restrictions
on those powers. There are also prohiol'iohs
ON the STATES Some authority must therefore
necessarily exist, having the ui'ima"e ju:isuie
ton to FIX and ascertain the in'erpre'a'o" u
these grants, restrictions, aud prohipitions.-
The Constitution has itself pointed OUT OF
dsinrd, and established that aoiho:jy. now
has i, accomplished that great anc es,fh,'a'
end By declaring sir, that :" me consf""f'0"
and The La,os of the United States, "nas m pa'su
ance thereof shnH be The supreme 'aw O me .a"a,
any thing IN the Constitution or !a'rs 81 any ofa'e
to The contrary notwithstanding.
This, sir, was the first great sep. ny ms,
the Sopremacy Of the Constitution and laws
of the United States is declared. The people
10 will il. Ne State law is to be valid, which
comes in conflict with the Constitution, or any
law of the United States But who shall de-
eide this question Of interference 10 whom
lies the last appeal This, sir, the Constitution
itself decides, also by declaring, " that me Ja
;ciai sorer shaH eriend TO all cases arising under
the Constitution and La,Us Of the United States.
These TWO provisions, sir, cover The "ho'e
ground They are, 10 truth, the key stone OF
the arch. With these, il is Constitution,
VIII them Confederacy. In pursuance oi
these clear and express provisions, congress
established, al its very first session, IN The JUDI
cial act, mode for carving them INTO luli ei-
fec,, and for bringing all questions oil Constr
,u'ional power 10 the final decision oil the Su-
preme Court. II ihrn, sir, became govern
mint. 1t then had the means Of sell proiec-
ton and but for this il would, in all probabil-
i,y have been amorg things which are
past Having CONS i'u'ed the Government,
and declared lis powers, the people have iur'
Their said, tina, since somebody mus, decide on
the extent Of these powers, the Government
shall Itself decide; subject always like other
popular governments, 10 its responsibility 10
the People. Aud now, sir, repeat, how is
it., tina, S,ae Legislature acquires any right
10 interfere? Who, or what, gives them the
right TO say 10 the People, we, Tho dre your
agents and ssrvan's for one purpose, will IN
dertake 10 decide, tina, your other agents and
servants, appointed by you Tor another purpose
have transcribed the authority you gave
them The reply would be, think not imper-
tinent-" Who made you judge over ano'h-
er's servants. To their own masters, they
stand or fall"
Sir l deny this power OF State Legislatures
altoget 1t cannot stand the test OF exami-
nation. Gentlemen may say, that in an ex-
treme case, State Government might protect
the People from in,olerable oppression. Sir,
in such a case the People might project them
selves, without the aid Of the Safe Govern
ments. Such case warrants revolution. II
must make, wben il comes, law for II
self A multiplying act Of State Legislature
cannot alter the case, nor make resistance any
more lawful In maintaining these sentiments,
sir, am but asserting the rights OF the people.
] state what they have declared, and insist on
their RICH, to declare il. They have chosen TO
repose this power in the General Government,
and think i, my duty to support it, like other
Constitutional powers.
For myself, sir, l doubt the jurisdiction Of
South Carolina. or any other STATE, to prescribe
my Consli,u ,ional duty, or to settle, between me
and The people, The validity Of laws Of Con-
gre1s, for which have voted. / decline her
umpirage. have no, sworn 10 support The
Constitution according to her construction Of
its clauses. l have not stipulated, by my oath
OF Office or otherwise, 10 come under any re
spons,biliy, except 10 the People, and these
whom they have appointed to pass upon the
question, whether laws, supported by my votes,
conform 10 the Constitution OF The county,
And, sir, if we look 10 the general nature of
he cas-, could any thing have been more pre-
poste' Gus, than 10 have made Government for
The whole Union, and yel left its powers SUBJ
lect, mol to one Interpretation but TO thirteen,
or twenty four, in,erprr Instead OF one
tribunal. established by all, responsible 10 all,
wrh power to decide for all, shall Constitutional
questions be left TO four and twenty popular
bodies, each al liberty to decide for itself, and
none hound 10 respect the decisions Of others;
aud each al liber v, ioo to give anew consrruc-
sion. OIL every new election Of its own mem
bers' Would any thing with such principle
in II, or rather with such q des;iiution Of all
principle, he fl TO be called Governmeut?-
No, Sir. I, should not be denominaed Con-
s,iu;ion. II should be called, rather, a col.
lection OF topics, for everlasting controversy;
heads oil debate for dsputatious people. II
would not be Government, l. would not he
adequate 10 any practical good, nor fiji for any
country 10 live under. To avoid all possibility
of being misunderstood, allow me TO repeat
again, in the fullest manner, tina, claim no
powers for the Government by forced or IN.
fair construction. l admit thai it is Gov
eminent of strictly limited powers; Of enume
rateu, specified, and partcuarised powers; and
that whatsoever is not granted, is VII hheld. -
But Notwithstanding all this, and however the