Litchfield enquirer., 1830-03-18

ton than the New-EngIaud States then en- ter,ained: and if they had been under the influence of that heresy of opinion. as ! must cali it, which the honorable member espO.lses, this Union would. in all probability, have been scattered to the four winds. ask the gen ,lSman, therefore, to apply hts Prlnc'P'es to that case; ask him to come forth ana de- clare. whether, in bis opinion, the New-EnS- land States would have been justified ID inter- fering to break up the embargo system under the conscientious opinions when tney helo upon it? Had they right to annus that law Does he admit or deny! If that winch IS l thought palpably unconstitutional m South Carolina, i,lstifics that State in arrestlng the nrOgress of the law. tell me, whether thai which was thought palpably uncOnstit"tlonai also in ssachusetts, would have Jnstihed her in doing the same thing, S'r' deny the whole doctrine. It has not foot OI ground ] in the constitution to stand on. NO pup''c man of reputation ever advanced It ID Mass achusets, in the warmesttimes, or cO"Io man. tain himself upon it there at any t''ne'
 wish now, sir, to nlake remark upon the Virginia resolutions of l798. cannot undertake to say how these resolutions were understood by those who passed tnem'- 1 Their language is not a little indefinite. In the case of the exercise by Congress. of a dangerous power, not granted to them, the resolutions assert the right, on the part of the State, to interfere, and arrest the progress of the evil. This is susceptible of more than one interpretation. It may mean no more than that. the States may interfere by com- 1 plaint and remonstrance; or by proposing 70 ] the People an alteration of the Federal con sttu,ion. This would all be quite unoblec- ti0nable; or it may be. that no more IS meant than to assert the general right of revolution as against all Governments, in cases of 'nto'e. rable oppression. This no one doubts; and this, in my opinion, is all that he who framed | the resolutions could have meant by 1t for shall not readily believe, that he was ever o opinion that State. under the constitution and in conformity with it, could, upon the { ground of her own opinion of its unconstitu' ! tionality, however clear and paIpabIe she 1 might think the case, annul a law of Congress so far as it should operate on herself, by hel l own legislative power.
 must now beg to ask, sir, whence is thi: supposed right of the States derived! where do they get the power tO interfere with the laws of the Union Sir. the opinion. which the honorable gentleman maintains. is mo- ton, founded in total misapprrhsnsion, m my judgment. of the origin of this Govern n,ent. and of the foundation on which it stands. Iholdit to he a popular government, erected by the People, those who administer it responsible to the People; and itself capa ble of being amended and modified, just as the People may choose i! should be. It IS a: popular, just as truly emanating from ths ] People. as the State Governments. It i' created for one purpose; the State Govern ments for another. It has it's own powers they have theirs. There is no more author ity with them to arrest the operation of law Of Congress. than with Congress to arrest the operation of their laws. We are here to ad minister a cOnstit' tiOn emanating immediate ly from the People, and trusted. by them, tt our administration. 1t is not the creature O the State governments It is of no moment to the argument, that certain acts of the State Legislatures are necessary to fill our seats ir this body. That is not one of their Origina State powers. a part of the sovereignty o the State. 1t is a duty which the People. by l the constitution itself, have imposed on the State Legislatures: and which they might have left tO be performed elsewhere. if they had seen fit So they have left the choice Of President with electors but all this does not affect the proposition, that this whole Gov ernment. President. Senate, and House of Representatives, is popular Government.- It leaves it stiIl all its popular character. The Governor of State. (in some of the States) is chosen. not directly hy the Pepple, but by those who are chosen by the People. for the purpose "f performing among other duties, that of eleciing Governor. Is the Govern ment of the State. on that account. not pop ular Government? This Government, sir, is the independent offspring of the popular will. It is not the creature of State Legislatures ; nay more. if the whole truth must be told. the People brought it into existence, establish ed it, and have hitherto supported it, for the very purpose, amongst others, of imposing certain salutary restraints on State sovereign ties. The States cannot now make war. they cannot contract alliances, they cannot make. each for itself. separate regulations of com merce. they cannot iay impOsts. they cannot coin money. If this constitution, sir, be the creature of State Legislatures. it must he ad- mitted that it has obtained strange control over the vOlitiOns of it's creators.
 The People, then, sir, erected this Govern ment. They gave it Constitution, and in that Constitution they have enumerated the powers which they bestow On it. They have made it limited Government. They have defined it's authority. They have restrained it. to the exercise Of such powers as are granted; and all others, they declare. arc re- served to the States or the People. But, SIT. they have not stopped here. If they had, they would have accomplished but half their work. No definition can be so clear. as tO