Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-04-06
SPEECH OF MN. CLAYTON,

SPEECH OF MIR. CLAYTON,
[coNTINrED.1
The Senator from Kentucky objects to the Federal
Judiciary, that majorityin Congress may by law III
crease the number OF judges, and thus Cypress the
IN nority when they please. 1t has been said, too,
that large States, with great representation III Cen
gress, such as New York and Pennsylvania, cuinbi-
mig with others may by their superior vote far in
crease the number ON the bench as to- Cypress and
destroy tho sovereignty Of the lesser States If the
objection has weight, it is one which could be
made to whole system of republican government
We arc ruled by majorties and if the majority ofthis
nation should become radically corrupt, admit that
the government will soon fall But have sufficient
reliance oh the virtue and good sense of the people,
whether living in large small States, to believe that
attempt will ever be deliberately made by maJo-
rty in either, to destroy the independence aud egt-
mate powers of the other. And feel aPprelien-
sions this subject, for other reasons. Let us en-
qnIrc into the mode OF operating. Surprising now Ito
make out the geritlcmans case) that the large States
wickedly Consplrc to ruin the small ones New York,
Kentucky, OHIO, Pennsylvania, Virgiiaa aud n. Ca
rolins, being (as would be probability united for this
end carry bill through tho other House to double
the number of Judges Suppose too, that they had by
their votes elected President who -wouh second
their views When the bill comes before the Sen
ate. If the small States understand your object, they
having an equal representation here, secured by the
only provision IN the constitution which numbers
never change vote you down at once; and your
binationtas other combinations may bel is consgn-
cd TO ~
1Phere aA thc kindred Of the Cipn'sts lie
Dul suppose the Senators representing the small
States here, not snspectng mischief but relying on
your integrity, suffer the bill to pass Your Presi-
dent being in the plot will for the sake of argu-
ment suppose, it becomes law. What then? The
bench is not yet filled. The ''nodus operand" re-
Iulrcs that he should nomnatc aud should consent
to the appointment OF, the men who to adiudge
away our independence. We might be slow to sus
poet old friends of dishonest purposes, but
learn some things ii YOU give time. When you
bring out your Nominations, cannot fail under
stand your plan. You caught at once, fagrunte
dclictO, and check you III the Senate by rejecting
all nominations which do not please US: we have
two chances to PIT eficctua your plot and
our veto is very different affair from your State veto
act of Congress. However thankful, therefore
may he for thu kindly apprehensons expressed for
our welfare, VIC say that VIC are not yet alarmed
We cInnot see, with the honorable gentleman from
Tennessee, tbat-the states have been guilty of either
folly weakness in creating such tribunal as we
conceive the Supreme Court Of the United States to
be--nor do we think with him, that by tn easiest OPP
Grafton imaginable this creature is SO competent to
the obstruction of its creators
But whatever may have been, in the opinion of no
norabie gentlemen, the folly of the people of these
States III creating such tribunal, however incom
petent II may appear to decide these matters the
question still recurs-Is there any other forum estab
ished with co-extensve, with appellate powerse-
IF so, what is it, There ought not to- be a wrong
without remedy, and the interest and safety of ali
require the existence of some arbiter grant ren,e
dy. We are warned, however that if by the Const-
lutoh there be not some express grant of power for
this purpose the States and the people Still reserve
cary be express, the States have reserved it, and
can create no other without forming new Consttu
ton or violating this SIR listened with deep inter
est 10 the development of what thought was au
nounced as new discovery ills subject. will
consider that advered TO, and recommended, by tho
gentleman from Tennessee, (NIr. Grundy) After
conceding to The Federal Judiciary the powers of
common umpire, to decide the const utionaty of
all Congressional enactrnents made pursuance of
the Constitution, he informed us that there auo-
Their tribunal to which State might resort when Cd
To hf,u nloiu noln
bic and dangerous violation of the Constitution with:
out throwing herself out of the Union He admitted
that the Legislature of the State not this trb-
nal That might be mslcd. He beats the ground
then, which was occupied by the gentleman from S.
Carolina, Mr. Hayne) but himself takes new posi-
'tIon,noI less dangerous. For he informed US that
State Convention might be called, and that might
nuliify the oppressive law-afier which, he thought
Congress must acquiesce by abandoning the power
The. amount of this is that State is to govern
all the rest whenever she may choose TO declare nv
Convention, that law is unconstitutional. The end |
of this, I'VE say, is war--civ,l war; We admit that
state Convention may pronounce any law unconstitn-
tiona', and so can l. But what of that? 1t amounts
only to tf's--we have full freedom of speech i'm this
country, may advocate what opinions we please and
p:aceably endeavor 10 impress them upon others
Bu the gentleman says this doctrine does not lead to
If Congress will not submit to the State he
thinks there is still complete political savo in ano-
Their tribunal, and that is Contention Of the States
to be called under the provisions of the Constitution
The State then must exert herself until Congress,
two thirds deemDg 1t nee ssary under the fifth article
shall propose amendments to the Constitution; or on
the application of the Legislatures two thirds the
several States shall call Convention for proposing
amendments, which, when ratified by the Legislatures
OF three fourt,s of the several States by Conven-
tons in three fourths of them, shall be valid to all in
tents and purposes part ofthe Constitution. SO far
this docs not contravene the doctrine which we adyo-
cate, and which the Senator from N H., if / rightly
understood him, after much preface, and with some
slips of proxty, finally settled down upon as part
ofthe true orthodox creed The right to amend the
has hnay ,o1
OF the political platform upon which my honorable
friend from Missouri, (Mr. Barton.) invited you to
come and stand with II the Convention of the
States should assemble and decide by a majority of
three fourths against the State, the gentleman from
Tennessee says the State must submit But if they
decide otherwise, DO not decide at a Congress-