Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1831-04-06

has still higher functions to perform. II
does parake in some degree of politics
power. Our forms of government are
established and constituted by the people
for different purposes but yet, notwlth-
standing there may be different opinions,
there must be a power of decision some
where. The question was, where shall
it be placed Shall it be made Exccu-
tive? Shall the power be placed there !:
Shall it be the duty of the President OF
the United States to decide upon differ
ences between the United States and in
diyidual States; This was abandoned
1t was agreed that the Judiciary should
have the power of deciding, when cases
arose of collision between the authority
of the United States and State authority.
Gentlemen, this was the decision agreed
upon by our country and was 1t not un-
der the wisdom OF Divine Providence
that on the Supreme Bench should rest
the decision of these things. Jay, ELS
worth, Paterson, and other great and
good men, have had in their hands this
responsible, may ! not say, this awful
power They acquitted themselves in
its discharge with honor on earth, and
they have now gone To give an account
of their administration of Il high and mn
portant trust. If there Is any one who
supposes he can inven, any thing that will
change for the better our general gov
ernmcnt and state power, let him come
forth and declare it. The power must be
somewhere-thc power to settle these
diiierences-to restore pcace-must be
somewhere. Some tribunal must settle
it-And the great question, after all, Is,
whether we shall have a system in which
government must ad Just these differences,
Oh whether they shall be determined by
individuals themselycs-ths last would
be war. The doctrine assumed, the
question to which | have referred may
be set forth in the strongest terms of which
human language is capable. The con-
sttution of the United States is a com
pact-it is as precise in form as language
will admit. Framed by no bunglcrs-
formed by no spcculators-tha result of
no intrigue-it was composed by men
long known for their wisdom aud eXpe-
rience and that says that the power shall
be vested in the general government.
When questions o! difference arse OF the
nature stated, they shall be submitted to
the national judiciary, and lis decision
shall be supreme. This judiciary is the
common tribunal Of the whole country
1t is plain and practicable. Under this
state Of things, not mere majority of the
States were required, but three-iourths
were necessary to take away the powers
Of Congress.
And now what is the arguments; meta
physically and pcrersely? No; not
metaphysicalIv, but pcrvcrscly-why, it
is when any State which chooses to de-
clare grievances, shall have the power to
arrest the authority Of Congress and the
execution Of the laws And what
spectacle would this exhibit when the
government should be overturned, and
overturned. When the Constitution was
thus assailed, | raised my voice in its ia
vor, and | must confess without the least
premedtaton When the proposition
came forward, | felt an irresistible inn
pulse of inchnation-l cannot say it was
a duty, but disposition and zeal on my
part to enter into the contest, and oppose
these measures. | believe this stress is
past believe it has received the strong
and powerful rcbulie OF public opinion.
The general contempt of the country has
been cast upon it, and let us congratulate
ourselves that the EXPIRE csson Of the Sc
nate on all these topics has been firm and
decided and | feel a pleasure in being
able to say that this great Statc-the .
greatest of the States-acted as became
her great and lofty character, with voices
almost unanimous, and with a strong de-
termination TO resist every attempt to re-
peal the law--the repeal Of which would
have been repeating the constitution
And her sister State, PENNSYLVANIA, was,
believe, loyal to a man. Ohio, soon to
be second only to the State Of Ncw-Y York,
raising her voice as the voice Of lion,
steadiastly opposing opinions hostile to
the interests of the Uuion. / cannot but
say, gentlemen, that on this central mass,
this large State, So full Of people, where
the spirit of the constitution is so deeply .
entrenched, that a great deal must rest
| have said gentlemen, what believe,
that there is no danger to the union of the
States from open avowed attacks-fron
men who will march up boldly to the
proposition-who will tell us they mean
% annhilate the powers Of Congress
But certainly there are modes Of under
mining the constitution. Gentlemen, we
cannot shut our eyes; we see the neces-
sity of the Judiciary, and 1t is of the ut
most Importance that We stand firm in its
support. But, if the evil becomes deeply
rooted, how can il be eradicated? How