Litchfield enquirer., 1831-04-07

L 49,
no unjust tribunal.
Gentlemen, the judicial department has stiIl
higher functions to perform. II does partake
in some degree OfpOlitical power. Our forms
Of government are established and constituted
by the people for different purposes; but yet,
Notwithstanding there may be different Opin-
ions, there must be power of dcisiOn some
where. The question was, where shall it be
placed! Shall it be mace Executive? Shall
the power be placed there! Shall it be the
duty of the President Of the United States to
decide upon differences between the United
States and individual states ! This was aban-
dOned. 1t was agreed that the judiciary
should have the power Ofdeciding, when Ca
SEES arose ofcOlIision between the authority of
the United States and state authority. Gen
1lemcn, this was the decision agreed upon by
our country; and was it not under the wis.
dom of Divine Providence that on the Su-
preme Bench should rest the decision Of these
things 4? jaw, Ellsworth, Patterson, and other
great and good men have had in their hands
this responsible, may not say this awful
power. They acquitted themselves in its dis
charge with honor on earth, and they have
! now gone 10 give an account Of their admins
! tration Of a high and important trust. Ifthere
| is any one who supposes he can invent any
thing that will change for the better our gen
! eral government and state power, let him
come forth and declare it. The power must
he somewhere-thc power to settle those diff
ferences-tO restore peace,-must be some
| where. Some tribunal must settle it. And
the great question, after ALL is, whether we
| shall have system in which government must
adjust these differences, or whether they shall
be determined by individuals Demonstrating
last would be war. The doctrine assumed,
| fhs,u noo1;or, hich hayn rofopreA NAV ne
set forth in the strongest terms Of which hu-
man language is capable. The constitution
Of the United States is a compact-t is as
precise in form as language will admit. Fra
med by no bung!ers-formed by no specula-
tors-.the result of 90 intrigue-it was compo-
sed by men long known for their wisdom
and experience; and that says that the pow
er shall be vested in the general government.
When questions of difference arise of the ma
ture stated, they shall be Submitted to the ma
tional Judiciary, and its decision shall be SUI
preme. This judiciary is the common tribu7
nal Of the whole country. 1t is plain and
| practicable. Under this state ut things, not
a mere majority Of the states were required,
but three lourths were necessary to take a.
way the powers of Congress. And now what
is the argument? metaphyscally and per-
versely? No; not nletaphyscally, but per-
|
chooses to declare grievances, shall have the
power to srrest the authority of Congress
and the execution of the laws! And what a
spectacle would this exhibit, when the gov
eminent should be overturned and overturn-
| ed. When the, Constitution was thus assail-
ed, raised my voice in its favor, and must
confess without the least premeditatiOn.-
When the proposition came forward, felt an
irresistible impulse of inclinatiOn-I cannot
say it was duty, but disposition and zeal
on my part 10 enter into the contest. and OPP
pose these measures. / believe this stress is
past-I believe it has received the strong and
powerful rebuke ofpublic opinion. The gen.
eral contempt of the country has been cast
upon it, and let us congratulate ourselves that
the expression Of the Senate ON all these top
les has been firm and dedided; and feel a
pleasure in being able TO say that this great
State-the greatest of the States, acted as be-
came her great and lofty character. with
voices almost unanimous, and with a strong
determination to resist every attempt to re-
peal the law-the repeal Of which would have
been repeating the constitution. And her sis
ter State. Pennsylvania, was, I believe, loyal
to man. Ohio, soon to be second only to
the State of New York, raised her voice as
the voice of a lion, steadfastly opposing opin-
ions hostile to the interests Of the Union.
cannot but say. gentlemen, that on this GEN.
trail mass. this large State, so full Of people.
where the spirit of the constitution is SO deep
ly cntrenched, that great deal must rest.
have said. gentlemen, what believe, that
there is no danger to the union Of the states
from open ayowed attacks-from men who
will march up boldly to the propOsition-who
will tell us they mean to annihiiate the pow
ers Of Congress. But certainly there are
modes Of undermining the constitution. Cen
tlemen, we cannot shut our eyes; we see the
necessity Ofthe Judiciary, and it is Of the ut
most Importance that we stand firm in its sup
port. But, il the evil becomes rooted, how
can it be eradicated? How can il be remedi-
ed? How is the vacancy to be filed? But,
gentlemen, do say. that If we place men in
the public departments whose opinions are
hostile to the interests of our country, it is an
evil for which there is no remedy under Heav-
en- among men. shall despair; shall give
back the country tn its former aff1ic:iOn, when
this evil takes rOOt-when the bench Of the
Supreme Court is disposed to promulgate to
the people opinions hostile to the great pow
ers OF the constitution.
Gentlemen. il, in these great matters, we
VIII but Keep our eyes open, and remain true
70 our interest, what have we to fear =? We
stand on high ground we are entitled to the
respect Of all the great nations under Heaven.