Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-05-21

cideu, out this must be taken with the
mat th-y are controversies arising only under the
aws CT the United States, (incluting the Con su ton
aud ireaiies) but they must be between parties over
whom The Constitution has given iurisdiction to the
courts Every case them OF this description must be
submitted to the Judiciary of the United State; and
a. in oil cases. the Constitution of the United States is
paramount In authority TO law of the Unisd Sta,es
and "a both OF III. IN TO law of ths Stat. the
Supreme Court OF the United 5 aies mus Of nvcess'-
~, when conrarety between these authorities il al
legged IN any case legally before il, de ermine ba,
qesno" ana It's determination must be final; the par.
ties must be bound; the States TO which they belong
must be bound for they in hi. compact have agreed
that their citizens tha be BUTT is ask 3D. suppos.
the law VI Congress ia ptpably contrary to the Cons-
uon, and endangers the liberties of the country must
the state submit? 1t the quesio be whether the
state can c0nStHutt0ndty resist there ia but one an
swer' She has by the Constitution consented that the
supreme Court shall finally decide whe her hi, be con-
stitu,ona not Ii the question be- of the right which
all people have to resist ruinous the
is as clear aud should be the ast the world to
cohrAvene the existence Of that nsrnable right. But
mat Is not the question: it is of constitutional right
whenever, in the opinion of the Legislature Tor ~
some 'hinh oil convention Of the people Of any one
State) law of Congress is papahly unconstitutional
such State has right under the Constitutions not only
to declare the act void hut prevent it, execution
within the State, until Congress shall propose deca-
r"tory niment to IT, States and their decision shall
he oh'aned and all this without quitting their place in
The Uuon-whout disturbing its peace il is said; but,
on he contrary II contended. for the purpose of pre-
serving the general compact inviola,e Now Sir in.
deperden,ly OF the argument drawn from the express
consent OF the people of the several States that i'm all
matters where the Supreme ,urt have Jurisdiction be-
tween individuals, they should determine, and must
d'tsrmlne, whether law he Observation-Disclosures
pendeny of this and supposing no such powe given
10 The court can he supposed that essential fea-
lure IN me Government, positive veto given to- or
reserved by each State upon the operations Of the whole
would have been lett not only unprovided for nv ex
press words but without even ambiguous phrase-a
single doubtful word to hang The argument upon. 1t
derived solely from the rights attached TO the sove-
reignty OF the S'atAs unimpared by its accession TO
the Union, indirsibc, according TO the arpume Mt of
my learned Ni'nd from Kentucky and always alive and
active, (not one of those which he exprssyeIy saws
VIII Keep eo'dl aud ready to go ino operation when
ever il il attacked.
| have called it positive rrfo on the orcr tons of
the whole Government. sit 10, so I'm effect, TIA,
the rlsh', when exercised by sngl, State can only
prevent the execution of the obnox io law in IN. State
atone which Objects to it, does not take from the pow
or me character have given to it, il apparent For il
me u neral Government were under an oblig alton o
desi-t from executing the law in { opposing State
they must OF necessity refrain from putting il in force
IN Inc Others II II were tax, because they must he
equal; II any ether 'u'j"ct Of legislation, imposing
hnrhen or restriction, they cou not in Justice force
the others to bear what WAS relieved from nor
would the oth-r S'atrs submit 10 unequal an mpo-
Son. The argument, then, supposes feature i'm the
Constitution which certainly ia not i'm il.
which, most as'nredly, would nave been EXPRESSED if
hah been Intended: far totally alters is character;
puts the power OF tie Union the will of any one of
its members and allows il, hout roue ia throw oa
all the bur,hens Of Government at is PLEASURE Re
member, Sir, that ana speaking of constitutional
right, (tIr that is the caimsd)-a rigbt under IN.
Constitution rot over it-a power that NAV h, over
"lsed without incurring any ri,qup or committing any
of.nre-wi'hou forei'ing place in the Union or any
right or privilege under IT, TIL, State has only n re-
solve, by its ordinary Legi.iature o. according TO
others, in convention OF its citizens that law enact
e' oy me general Government is palpaby unconsitu
onai ard dangerous, and that shall cease to operate
ana must cease to operate, and an inevitable CON
sequence, IL may he resisted by forces az aro.her CON
H'qn"nee' u dsah ensnHs, il is murder in those who
aci under the General Government-justfiabIe homi-
eide in those who resist. Now Sir would not these
serious consequences have presented Themselves TO the
enlightened men who framed this Constitution? and if
they did, would not some provision have been made to
prevent any Illegal eXeriion Of power by the Exern
tive, iransh with such danger IL they had suprosed
mat This was right reserved. would they not have
declared the correlatve obligation in the General Go.
vernmen, ts respect H. for, SIR il is superhuons TO saw
that every right carries with its obI
Cation, and that there he two conflicting RIGHTS
IT, then the States have right to prevent the execu-
ton Of law, the General Government il under an oh
legation n refrain from enforcing IL vet, Instead of de-
cl'ring this obligation 10 respect this reserved rgh,
NOT The slightest alluson is mae it, On the contrary
when law Is once passel, is made the duty of the
President 10 execute it, But by the argumen the law
has been passed constitutional by both Houses q,
Congress; 1t has been approved such bv the
and Judgment has been given by the Supreme Cont
declaring it TO he constitutional and directing that in
The particular case before them it shall be executed
The State against whose ci'z the Judgment il given
declares 10 be papaby and dangerously contrary IN
the CONSTITUTION, and that il il null and void. and IN all
not he executed. What is to he Ione? The right Of
the STATE, says the Genten ust be respected; hut
unfortunately FOR the argument, the Constitution does
not say unfortunately, il says directly the contrary
The President il bound by his oath to cause evrrv con-
siutonal law to be executed. But he has apnroved
this law. therefore he believes l. to he constitutions.
but both Houses have passed IT, therefore they believed
1t 80; but the judges have decreed that il shall he eve
cnted; therefore, they too have believed il 10 he con-
sttutona. Must the President Yield his own convic .
ton, fortified as it is by these authorities TO the onn
ion OF msjority-pethaps small maiority-in the a
gsla'ure of single State' II he must, again I ask
show me the writ en- authori'y' canno, find IT, ran
not conceive IT. not akng for the expression of
The reserved righ know that they are no, enume
rated But ask Tor the obligation 10 obey that right.
ask Tor the written instruction 10 the Executive 10
respect il; ak for provision that nothing hut tie
grosest natteniion the cOnsummae folly could
have omitted, if the doctrine con,ended for be true
This might have been done by an article in thes
words " Whenever. in the opinion Of any one State
law passedby the Congress shall he deemed uncon-
sluiional and dangerous such State NAV prevent its
execution. and the President and the courts shall for
bear TO enforce the same; but Congress shall in tina,
case, they persevere in thinking the law exredient
submit The question as amendment TO Conventions
OF The States, in the prescribed by the Consu
lon Now, Sir, the inquiry cannot be too often re
peated, II such had been the intention Of those Is no
framed our form OF Government of those no
1t, ard considered and amended it, would not some
preston Of this kind have be- nSerted and if insert
ed would il not have heen recommended or adonted;
and, il adopted, how long would IL have continued in
operation! how many vetos would have been inerros.
ed: how many Conventions would have been Assem-
bled? Not an embargo--not a restriction-not deca.
ration OF warnOt measure for defence-poi IA mr.
an lmpost but would produce stoppage IN the wheels
oi the political machine; the most pressing operaons
OF Government must he suspended until the amcnI.
InentJ promo eA by Congress: until Convenons 20