Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-04-05
COmgrcss.--sess- y.
IN SENATE, Feb 10.

HoUN, on the ReUenue Collection BW.-TConcluIed /
As to the cases, sir, which do not come before the
courts; those political questions which terminate with the
enactments OF Congress, it is Of necessity that these should
be ultimately decided by Congress itself. Like other
Legislatures, 1t must be trusted with this power. The
members oil Congress are chosen by the people, and the
are answerable 10 the people; like other public agents.
they are bound by oath To support the Constitution.
ihese are The securities that they will not violate their
duty, nor transcend their powers. They are the same Sc
curlles as prevail in other popular governments; nor is it
easy 10 see now grants ot power can bc more safely guard
Ell, without rendering them uugat0ry. If the case cannot
come before the courts and if Congress he not trusted
with its decision, who shall decide III The gentleman
says each State is TO decide il for herself. II so. then.
as L have already urged, what is law in one State is moi
law in the other. DC, IL the resistance of one State COM
peis an entire repeal of the law, then a minority, and that
a small one, governs the whole country.
SIR, those who espouse the doctrines OF qualification, re-
Ject, asst seems 10 me, the first great principle of all re-
Puohcah nOcr'y; thatl Is, mat the majority must govern. In
matters OF common concern, the judgment OF a majority
must stand as the judgment of the whole. This is a law
imposed on us by the absolute necessity of the case: and
II we do not act upon it, there is no possibility of maintain.
ing any government but despotism. We hear loud and
repeated denunciaiions against what is called majority 90
CeTnment IL Is declared, with much warmth, that a ma
J0Tity government cannot be maintained i'm the United
STATES. What then, do gentlemen wish? DO they wish
to establish a minority government! Do they wish to
subject the will OF the many to The will OF the few? The
honorable gentleman from South Carolina has spoken of ab-
solute maJoriIies, and lnajorities concurrent language Who'll
ly unknown to our Constitution, and to which il lis not easy
To a1lX definite ideas. As far as / understand il, it would
teach us that the absolute majority may he found in Con-
gresS, but the majority concurrent must be looked for in
the States. That Is to say, sir, stripping the matter of this
novelty of phrase, that the dissent of one or more States
as States, renders void the decision of a majority Of Con.
Sress, so lar as that State is concerned. Aud so this doc
trine, running but a short career, like other dogmas of The
day, terminates ia nulhica;ion.
If this vehement invecave against moiorities meant no
more IMAM tlat, IN The construction OF COVE nment, il is
wise to provide checks aud balances, so that there should
De various limitations on The power Of The mere majority,
II would only mean hat tie Constitution of the Inited
States has already abundanfly provided. Ills full Of such
checks and balances. In its very organization. il adcpts
broad and most ciecluaI principle in restraint Of the pow.
n N q 4 MAIN lie A a, auA - H. .-l- II . At
Hodso OF Representatives, but it does not elect the Sc
nate. The Senate is elected by the States, each State hav-
Ing' IN lhis respect, an equal powrr.-NO law, therefore,
can pass without Inc assent ot a majority of The Repre-
sentahves OF the people, a d a MAORI y of the Representa-
yves oil The states also. a majority of the Representatives
oil the people must concur ard a majority OF the States
must concur, in eve'y act OF Congress; and the President
~ elected on a plan compounded of both these principles.
But, ma, ing -conpo'ed one House OF Representatives cho
sen by the people in each $ ate, according TO its numbers.
and the other Of an equal number of members from every
STATE "hether larger or smaller, the Constitution gives TO
maJoTiles in these Houses, thus constituted. The full and
enure power OF passing laws, subject always 10 the crnsti-
tuilonal restrictions, and to the approval OF the President.
10 subject them TO any o her power is clear usurpation.
Inc majority OF one House may be controlled by the rna-
Jority OF the other; and both may be restrained by the
PRESIDENTS neg tive. These are checks and balance .
provided by the Constitution, existing i'm the Govern.
nent itself, and wisely Intended TO secure dclibpraiion
and caution ia legislative proceedings. But to resist
'he WI" oil Tie majority in both Houses, thus CON
sutuuonalIy exercised to insist on the lawfulness of
lhteFposiuon by an eXtraneous power; TO claim the right OF
defeating the will Of Congress, by setting up against il the
VIII OF a single state, is neither more nor less, as it strikes
me- "'h d pam attempt 10 overthrow the Government
The constituted authorities OF the United States are no
longer a Government, If they be not. masters of their own
viii; they are no longer Government, if an external now.
er may arrest their proceedings; they are no longer a Gov
eminent, If acts passed by both Houses, and approved by
the President, may be uuliicd by State vetocs or State
ordinances. Does any one suppose il could make any df.
ference, a. TO the binding authority OF an act of CorGress.
aud oil the duty Of a State TO respect il, whether il passed
by amere majority OF both Houses, or by three ioufths of
cach, or Tie unanimous vote OF each2 Within The limits
? d restrictions OF the Constitution, the Government OF The
u states, like al other popular Governments, acts by ma
ioriies. II can act no otherwise. Whoever. tLcreC,rc do
nOunces the government Of m~ljofiies, deuounccs the Gov.
eminent Of his own county, aud denounccs all free Gov.
ornments. And whoever would restrain these m2ioriies,
whilc acting "iilin their constitutional limits, bv an ex-
.efnH, power whatever he may intend, asserts principles
which, u adopted, can lead t%Onothing else than the destfuc-
ton OF The Government itself
Does not the gentleman perceive. sir. ho,, his argu,ncn,
against malorlies might here be retorted upon him5 Does
ne mol see how cogenIy he might be asked, whether il
he The character Of qualification topracG cc yL,tit ore,cbcs2
LOOK 10 SCUM carolina dt The present moment. How far
are the rghtso Of minonies there respected? confess. sir.
! nave not known, IN pcacedble times, the power Of the
mJony carried with a higher hand. or upheld with taore
relentless disregard OF Nc rights, feelings, and PRINCIPLES
OF INC minority o minority embracing, A. Tie gentleman
ilnseH wui almt, large portion Of the worth and respec-
i'bIly OF Uc atiiei minority, comprehendiug, in is mum.
bcrs, men who have been associated with him. and ,oWL
u.s. 10 these hal'soi Legislation; men who have served their
country at home, and honorcd IL abroad; men who would
c%hcelully lay down their lives for tbcir native Stie. in
any cause which tIey could regard ms the cause of homo,
anu duty; men above fear, aud above rcproach: whose
'W' fof E'Ni "W' NiTiiN- -I'it lOUi lNg conviction that
The present proceedings Of The state must ultimately reflect
discrcdlt upon her; hoy is Ibis minority, how are these
men regarded; They arc CENTRALIZED and disiranchised bv
ordnance 'hl acts of legslatou, subjected 10 tests au.
ohth9, Incompatible, as they contcientously think, win,
oaihS A'rc]iy taken, anl Obligations already assumed; they
ore prescribed tud denounced s7 rccresnt, 10 dufy and al
rtoi5m, and ssafI ol iof.lgu powers both fr spIIt yRicl
Pufsues Wen, "nI iho positive measures which emanatr
from NAT *piIt orc har-b anI pfoscriptve beyond an pre-
iossed revolution.