Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-03-12
GQMQR@S gI0MAAs
SECOND SPEECH OF MR.. WEBSTER,

OF TIE Slates deIved! Where do Fhty yet tHe
power to interfere wi the laws Of the Union' Sir,
the opinion, which the honorable gentlemen maintains,
is notion, founded in total mi .apprebe nsion, in my
judgment, of the origin OF this Government, and of the
foundation on which il stands. hold it to be popu-
lar government erected by the People, those who adj
minister il responsible the Peoples and itself capable
OF being amended and modified, just the People may
choose should be. IL Is popular Just truly ema
mating from the People, as the State Governments Ii
created for purpose; the State Governments Tor
another II has its powers; they have theirs.
There Il no authority with them 10 arrest the
operation Of law Of Congress, than with Congress to
arrest the operation OF their laws We here TO adj
minister constitution emanatng Immediately from
the People, aud trusted, by them, TO our administration
IL is not the creature OF the State Governments IL is
Of moment to the argument, that certain acts OF the
State Legislatures necessary fill our seats in this
body. That is not Of their original State powers,
part Of the sovereignty Of the State. IL is duty
which the People, by the constitution ITSELF have i'm
posed on the State Legislatures; anl which they might
have left to he performed elsewhere If they had seen
fit So they have left the choice Of President with O.
ector; but all this does not affect the proposition that
this whole Government, President, Senate, and House
of Representatives, is popular Government. 1t leaves
il still all its popular character. The Governor OF
State. Gin Of the States) ia chosen not directly
nv the People. but by those who are chosen by the
People for the purpose OF performing among oher du-
ties. that OF eeciing Governor. IL the Government
OF the States on that account not popular Government
This Government, sir, is the indie penden offspring Of
the popular will Ii Ia not the creature OF State Legs-
laures nay more. il the whole truth must be told the
People brought il into existence, establish H. and
have hitherto supported it, for the very purpose, a.
mongst Others OF imposing certain salutary restraints
on State soveregDties. The States cannot now make
war; they cannot contract alliances, they cannot make,
each for itself separate regulations OF Commerce. they
cannot lay imposts, they cannot coin money. IL this
constitutions sir, be the creature Of State Legisla-
lures be admitted that it has obtained strange
control over the voliiions Of its creators.
The people, then, sir, erected this Government.
They gave Constitution, and in that Constitution
they have enumerated the powers which they besiow
on it. They have made it limited government. They
have defined its authority They have restrained it,
TO the exercise of such powers are granted; and
all others, they declare, are reserved 10 the States
the People. But, sir. they have not stopped here.
IL they had, they would have accomplished but half
their work. No definition he so clear, TO avoid
possibility Of doubt; limitations precise as TO
cude all uncertainty. Who them shall construe this
grant Of the People? whs shall interpret their will,
where il may be supposed they have left il doubtful!
With whom do they leave this ultimate right Of decid
ing the powers OF the Government! Sir, they have
settled all this in the fullest They have left it,
with the Government itself, in its appropriate branches
Sir the very chief end the main design for which the
whole Constitution was framed and adopted, was to
tabish Government that should not be obliged to act
through State agency, depend State opinion, and
State discretion. The People had had quite enough Of
that kind OF Government under the Confederacy IN
der that system the legal acon-the application OF law
to individuals, belonged exclusively to the States.
Congress could only recommend-their acts were
not Of binding force till the States had adopted AMI
sanctioned them Are we in that condition still' Are
we yet al the mercy OF State discretion, and State
construction! Sir, il we are, then vain will be our
attempt to maintain the Constitution under which we
sit.
But. sir, the People have wisely provided, in tie
Constitution itself, proper, SUI able mode and uibu
nal, for settling questions of constitutional law. There
are in the Constitution grants Of TO Congress-
and restrictions on these powers There are also pro-
hibtons on the States Some authority must therefore
necessarily exist, having the ultimate jurisdiction TO
fix and ascertain the Interpretation Of these grants
sricons, and prohibitions The Constitution has sef
painted out, ordained, and established that authority
How has it accomplished this great and essential end
BY declaring sir that "the Constitution and the ld,os
of the u States made fp pursuance thereof. shall be
the supreme id,o of the land any thing in the Const
tuition or la,Ds Of any Slate TO the contrary n0tcoih
Standing"
premacy of the Constitution and laws of the U. States
is declared. The People will it, No State law is to
he valid which comes in conflict with the Constitu-
ton; or any law of the United States. But who shall
decide this question of interference? To whom lies
the last appeal This. sir, the Constitution itself de-
cides also by declaring, "af The Judicial poiDer shall
erte,d to oil arising under the Constitution and
La,os II the u. States" These two provisions, sir,
cover the whole around. They are, in truth, the key
stone Of the arch. With these, it is a Constitution,
without them, it il Confederacy. In pursuance Of
these clear and express provisions Congress establish
ed its very fret session. in the Judicial act, mode
for carving hem into full effect and for bringing all
que sions OF Constitutional power to the final decision
Of the Supreme Court II then, sir, became Govern.
ment II then had the means OF eif.protection, and
but for this would in all probability, have been
among things which past. Having constituted the
Government and declared its powers, the People have
further said, that since somebody must dec eide the
OF these powers the Government shall itself
de cde subject always like other popular governments,
to its responsibility TO the People And now. sir
neat how il it, that State Legislature acquires any
rigIt 10 Interfere? who what gives tn the right
10 say TO the People, who Jour agents and
wants for one purpose, will undertake TO decide that
your other agents and servants appointed by you for
another purpose have transcribed The authority you
gave beIn' The reply would be, | think not imPer-
tnen,--"who made you judge over aboher's ser
wants. To their own masters, they stand or fall"
Sir, deny this power Of State Legislatures al'oge-
Their. II cannot stand the test OF examination. Genns.
men may saw that in extreme case, State Govern
ment might protect the people from inolerabe oppres
sion. Sir in such the people might protect them
selves without the aid OF the State Governments. Such
case warrants revolution. IL must make, when il
comes a law for itself a multiplying act Of State lie.
gsature cannot alter the case, make resistance any
moro lawful In maintaining these sentiments, sir, I
AIN but asserting the rights of the people. state what
thew have declared and insist their right 10 declare
IT, They have chosen 10 Tepose this power 10 the Ge-
neral Government, and thnk my duty 10 support il,
like other Constitutional pIwers.
For myself sir, doubt the jurisdiction Of South Ca
rona or any other State prescribe my Contribution
al duty, or 10 settle, between and the people The
validity Of laws Of Congress, for which have voted.
decline her Umpirage. have not sworn 10 support
the Constitution according 10 her construction OF IFS
clauses have not stipulated, by my oath oil Office or
to come under any responsibility, except 10
the peopIe and those whom they have appointed 10
pass pon The question: whether laws supported by my
votes conform to the Constitution Of the country And
sir il we look 10 the general nature Of the case, could
any thing have been more preposerous, than 10 have
made Government for the whole Union, and yet left