Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-03-05

capable of being amended and modified lust us the
people may choose it should be. II is popular. Just
as truly cnanating from the people. us the State
governments 1t IS created for one purpose; thel
State governments :or another 1t has its pow
ers; they have theirs. There is 10 more authority
with them TO arrest the operation of law of Con-
grcss than with Congress to arrest the operation of
their laws We are he to administer constitution
immediately from the people, and trusted,
by them, to administrations Ii is not the creator
OF the State governments. Iii of no moment tho
that certain acts of the State Legislatures
are necessary to fill our seats in this body. That is
not of their original State powers part of the
sovereignty of the State. II is duty which the
people, by the constitution ITSELF have imposed the
State Legislatures; and which they might have left
to be performed elsewhere, if they had fit So
they have left the choice of President with the cleo
tors but all this does not affect the proposition, that
this whole Government, President, Senate and House
OF Representatives, is a popular Government. 1t
leaves it still all its popular character The Govern
or of State, in some of the States is chosen, not
directly by the People, but by those who chosen
by the people, for the purpose of performing, among
other dacs that ofelectinS Governor. Is the go
vcrnment Of the State that account popular
governments This government, sir is the indepen-
dent offspring of the popular will. 1t is not the
ure OF the State Legislatures; nay if the whole
truth must be told, the people brought it into eXis-
tcnce, established it, and have hitherto supported it.
Tor the very purpose. amongst others, of imposing
certain salutary restraints State so1ereignties.
The States canaot now make war, they cannot con-
rate regulations of Commerce, they cannot lay i'm
posts, they cannot coin money. If this constitutions
be the creature of State Legislatures it must be
admitted that it has obtained strance control over
the volitiOns of its creators.
The People, then, sir, erected this Government.
ihey gave II Constitution, and in that constitution
they have enumerated the powers which they bestow
on il. They have made it a limited government They
have defined is authority. They have restrained it,
to The exercise of such powers as are rranted and ali
others, they declare, are reserved to the States
or he People But, sir, they have not stopped here.
If taey had they would have accomplished but half
their work. No definition can be SO clear as to avoid
possibility of9oubt limitation precise as to ex-
c.uee all uncertainty. Who, then, shall construc
this grant of the people, Who shall interpret their
viii, where it may TO supposed they have left it
doubtful? With whom DO they leave this ultimate
right OF deciding tho powers Of the government,
SIR, they have settled all this in the fullest manner
Ihey nave ictt 1t with the government itself, in its
appropriate branches. Sir, the very chief end, the
main design, for Which the hole cen: titution was
fTaned and adopted, TO establish government
that should not he obliged act through State agen
cy,or depend on State opinion, and State discretion.
Inc People had had quite enough of that kind of go.
vcrnment, under the confederacy. Under that system
tue legal actionthe application ofaw TO individuals
belonged exclusively to the States. Congress could
only acts were not of binding force
till the States had adopted dnd sanctioned them
Are we IN that condition still? Are we vet at the
mercy Of State discretion, and State construction?-
Sir, If we are then vain will be attempt to main
tdlIl tne Constitution under winch sit.
But. sir, the People have wisely provided, in the
Constitution Itself, proper, suitable mode, and tri
buna!, for settling questions Of constitutional law
Therein the Constitution grants powers to Congress-
and restrictions on these powers. There are also
prohibitions on the States. Some authority must
therefore necessarily exist having the ultimate ju-
rlsdctlon to fix and ascertain the Interpretation OF
these grants, restrictions, and prohibitions The
Constitution has itself pointed out, ordained and es-
tablished that authority How has it accomplished
this great and essential end? By declaring sir TINT
the constitution and the laws of tho u States made
IN pursuance thereof shall be the supreme law of the
land any thing in the constitution or laws of any State
to the contrary notwithstanding"
This sir, was the first great step. By this. the
supremacy OF the constitution and laws of the IT, s.
Is declared The People so will it. No State law is
TO be valid which comes in conflict with the conslitu
ton, or any law of the u S. But who shall decide
this question of interference To whom lies the last
appeaR This, sir, the constitution itselfdecdes also
by declaring, 'that the Judicial power shall extend
TO all cases arising under the Constitution and Laws
OF the u States" These two provisions Sir cover
the whole ground. Whey are in truth the keystone
OF the arch With these, it is constitution; with
out them, 1t is confederacy. In pursuance of these
clear and express provisions Congress established NJ
It's very first session, in the judicial act mode for
carrying them into full effect and for brinpinp all
questions OF constitutional power to the final decision
OF the Supreme Court. IL then, sir, became oo
vernment. II then had the means of self.protecton
aud but for this, 1t would in all probability have
been now among things which are past HAVING
constituted the government, and declared Its powers
the people have further said, that since some bod
must decide on the extent oftkese powers, the TO-
vernment shall itself decdc subject always like other
popular governments to its responsibility to the peo
pic. And now, sir, repeat, how is it, that State
Legislature acquires any right to interfere3 Who
or what gives them the right to say 10 the People
we, who are your agents and servants for one pur
pose Will undertake to decide that your agents and
servants appointed by you for another purpose have
transcribed the authority you gave theme The repy
would be think. not impertinent-" Who made Won
Judge over another's servants? To their own mas
tiers, they stand or fall"
Sir, i deny this power of State legislatures alto.
gether' 1t cannot stand the test Of examination.
gentlemen may say, that in extreme case State
government might protect he people from inolera
bic oppression.
Sit, in such case the people might protect them
selves without the aid of the State Governments
Such case warrants revolution 1t must mnko
"n ne II comes, law FOR itself nulifyiug act Of
q y ate Legislature alter the case. or make
resistance any more lawful. In maintaininp tbesc