Southern planter., 1832-11-17
11lsSlss1FrI SATURDAY. TToaEInTe NOvz1aBrn ~ 1892

""n 20 we S'nle Governments, placed u more in.
medIalely in the relation Of the creature and In
| agent Of the States themselves. hy mimi ,
conception has been the princ,pa can,e or H.
preston, SO prevalent, Of the inferon,v .r,h.
Suites, 10 the General Government, and of,be .''"
sequeni right Of the latter 20 GEORGE tb. c,,,n.s
Raised from below the State Goycrnments !, ~.
conceived TO be placed above tho States lbsm-
selves. "e"-
! have now, I trust, conclusvel, shown ,b., 4,
State has tight, IN her sovereign capacity. m Co,
senuon' TO declare an unconstitutional Art If
~""s'ess 20 ne nun aud void and that such dccla.
talion would be obligatory on her citizen. - h,,,,
" 10 as the Constitution ITSELF and concb,s,s.
against the General Government, which yo,,iS
have no right 10 enforce It's consirpct,on ~ 49,
powors against that Of the State
J next propose 10 consider the praeiicni e,r., 80
The exercise oflhIs higb and important rigb, sb,.s
as the great conservative pfiacipc of on, sys,a,'
~ Nhown under the various names Of Nuh6cs,,,,n
I'u'po'"oh, ana Staie-Vcip, in reference 4, i,s
el',u''o", ep',o viewed under different aspects Mill.
hca'Ion. as annnng an uuconstin,,ionnl A., ,c,i
General Government as farms Tho s,o,ois '''S
- inlerposition, as throwing the shield ~ n,.',.@
non between The ciiizens Of a State npd ,ba ~.
ctoachmenls Of the Government, V,,.. =" =" -
leS'hg or nhihiuhg iis unauihoryed nct. 80.
the limits oftho State. ' "''nn
inc practical ELECT could The rieht be oons;,l..
ca as one fully recognized, would fho ni.,,, ~,
.''p'' ane mas already N a greai measure. b,on
w. ,'s H'ne Slate has right there must.
OF necessity, be corresponding oblign,io,,
part of The General Goyornmeni M acoss'. y, 'nu IL
Us exercise and, Of conise, IL Would be H. ,,,
aoSndon The power, OF lcnst as far M tle ss,, 4
conoeInnd, and 10 apply TO tho States tlemsel ~
uoeoruing to The form prescribed IN the Cons,,,n
uon' TO obtain u by grant n grnn,ed. arn,ns
e'noe men would boa dutyun he pau of the S,s,r.
anu ~ tha' event, The contest would terminate in
converting doubtful constructive mower inio me
pos',,voN g'an'od bui, should il not be granted
no alternative would remain, for the Gene,,i 80,
eminent, but lis permanent nhandonmnn, IL ~
'hef event, the controversy would be- closcd .nd
'he constitution hsed--a result of the utmost I'M
poriance 10 the stoady operation ofibe Co.a,r
meni, and the stability Of The system. and uhieL
can never DO aiiained under It's presen, onora,;on
without the recognition Of the right, as experience
has shown FN''e"eo
From the adoption Of ibe Constitution, va have
va" nu' o"e continued agitation OF constitutional
questions. embracing some Of the most ,r,,,,,,
powers exercised BY the Government. and yc, ~
spite oioll The ability and force ofnrgnmo9, H.
! played ~ me various DISCUSSIONS backed bv ,Lo
I hgh auihoniy claimed ior tho Supreme Co,,,, ~
aulusl such controversies, not single cons,i,,,ti
81 question, ofa political character, which has eve,
been agi'aled, during this long period. has boen
oeu' 10 'he public opinion, except that of The nm
oon'n'uuonali'y oiihe Alien and Scditon Inv.
anu' VIVA. IS remarkable that WIS settled against
inc decision ofiho Supreme Court The ,coJ.n,
cy Is TO increase, and moi diminish. this conac, n,
power New questions are yearly added. w,hou,
diminishing The old, while the ctniest hoc,,r,o.
more obstinate as Tho list increasesi and. yhnt Il
hghly ominous, moro sectional II is impossiblo
that the Goverhnent can last under this increa..
'ng diversity oi opinion, and growing uncertainty
as loi power ~ relation 10 Tho most iniportaGt
subjects OF Leglslationj and equally 40, that this
, dangerous state can terminate. without mower
somewhere, 70 compel In effect, the Government 10
abandon doubtful constructive powers. or 10 con-.
veh them into positive grants, by an amendment of
NE constitution ~ word, 20 substitute ts posi.
tive grants Of The parties themselves for the rom
sltucllyo powers interpolaed by the agents. Nolb
ing short Of this, IN system constructed as ours Il
with double set Of agents. one for local and the o.
thor Tor general purposes, can ever Terminate the
conflict Tor power, or give uniformity and stability
= Such would be the Practice and happy opern,ion.
, we're the right recognized: bui the case mny he
: lar otherwise and as the right IS not only denied,
: but violently opposed, tho Genoml Government.
. 50 hrifom acquescing in It's exercise, and aban.
donng the power, as II ought, may endeayor bv All
the means within lis command TO enforce lis con.
siructon, against that Of State. II is under tbs
aspect ol lhe question That now propose 10 com
sider the practical effect Of the exercise of the riobt
wihlhe view 10 determine which Of the two. tbe
State or the General Government, must prevail in
iho conllici-which compels me to revert TO solno
4 Of the grounds already established
{ have already shown that the declaration of Mi
c lifcaion would be obligatory on the ctizens orhe
State, as much so, in fact, as its declaration rnii.
4 Tying the Constitution, resting as il does, on the
$ same basis. IL would TO them, be the highcs,
. possible eyidenceihat the power contested was not
granted and, Of course thai the act ofthe Geneial
y Government was unconstitutional They would
be bound, in dl the relations Of life, private and
political, TO respect aud obey IL; and, when called
upon, as Jurymen, 10 render their verdict accord.
inply or, Judges 10 pronounce judgment in con.
j. founiIy 10 IT, The right Of iury.Uia is secured by
the Constitution, (hauks 10 the lealousspirit Of lib.
c eriy, doubly secured aud fortified } and, with this
incsiimable rght-inestimablc, hot only as an cs-
-cnal portion Of the judicial tribunals Of the coun.
IS lry, but infinitely more so, considered as popular,
= and, still more, local representation, in TINT de
parment OF ihe Government, which, without H.
:; would be the irthcst removed from the control ol
. The people; and III instrument TO sap the unda
= hon of the system-wh, repeat, this inestmablt
Ill a La L.