Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-01-25

ueouuy tdof'
Mn. Calhoun on rising. said, that not agree
ing with the chairman of the Judiciary CoRmt-
tee, that the measures proposed 10 the DILL were
of an ordinary character, and such as were sus-
taiued by precedents; but. on the contrary, tutiy
according in the declaration OF the Senator IRON
Mississippi, (Mr. Poindcxter,l that it wonid. IN
fact, be a repeal Of the Constitution, should II
receive the sanction OF Congress, ne had risen 10
offer three resolutions, with view OF testing INC
principles on which the bill rested.
He had drawn them with great care; win
scrupuous regard to the truth of every assertion
thew contain, which he believed no one WI" saiu,
ed his cbarac ter for candor. could coDtradict,and
that no impartial jury ~ christendnm could, on
an ISSUE refuse 10 render verdict IN their favor;
and he had been equally scrupulous IN making no
deductions but what were sustained By the clear
est aud most demOnstratiye reasons.
MIR. C. said. that though the bill was couchcd
ia general terms, and made applicable to all the
States; aud though it referred, apparently on it,
face, to cases only Of nsurrection, or awless re-
sistauce of individual force. yet il would not be
denied that it was intended to be applied parti-
cularly to the case of South Carolina, and with
the intention. not Of putting down the lawess
combinations Of individuals in that State, but
the authorized opposition of the people OF South
Carolina, to an act which they conscientiuusly
believed unconstitutional and oppressive; and
as such, exercising the right which belongs to her
in the last resort, as sovereign member OF the
confederacy. she has declared to be nall and void.
Whatever resistance then, may be made IN the
State of South Carolina, is q resistance ny the
State itself, authorized by her sovereign authori-
tv, and not the resistance of lawess combination
of individuals. 1t is to put down this resistance
thar the measure now before the Senate has been
reported, and in this character, 1t is wholly un.
precedenteG; there is no'exampe Of the kind to
be found on our statute book.
Here then, said Mr. c.. is presented the great,
he would say the awfuIy important question
has Congress the right to PASS this bill! There
are two views of our Constitution, gong back to
ITS fundamental principles; one contained in
| the proclamation and the message oflhe Presi.
dent, which have gwen birth to the bill, and the
other in the ordinance and proceedings OF the
people of S, Carolina. As the one or the other
Of these views may be correct, the bill must BE-
pronounced TO be constitutional or unc0nstitu'
tiOnai. liz it be true, as stated by the President.
that the people Of these United States united
on the principlc Of social compact, as SO many
individuals constituting one nation-If they have
transferred to the General Government their al
legiance-they have parted with the right OF
Judging, in the last resort. what powers are re-
served and what .lelegated-then. indeed. the
States are without sovereignty, without rights.
aud ~ other objection can be made to the bill,
bat what might be made to its eXpediency
But If ou the other hand, these positions are Ut
teriy false-if III truth, the Constitution is the
work Of the people, forming twenty four distinct
political communities when adopted. it
formed union Ut States, and not of individuals
If the States have not surrendered the rig ht OF
iudgiug in the last resort, as to the extent O'
the reserved, and Of course of the delegated
powers-then, indeed, ;here is not a shadow of
foundation ia ths Constitution t. authorize
the bill; but, On the conuarv. il would be wholly
repugnant to it's genius; destructive Of its very
existence, and involving political sin of the
highest character-oi the delegated acting against
the sovereign Power-of tie creature EARRING
against the creator.
Ia making these assertions Mr.. C. said he had
the authority of the President Of the United States
himself. He had taciIly acknos Iedged, that If
the views OF the Constitution To which the State
of South Carolina has acted be correct. then mel.
ther this nor any other measure of force could be
adopted against her % no other principle could
the long and elaborate Argument, land false he
was compelled to say as long and elaborate
contained in the proclamation, and in the mes
sage, be explained. Well might the President
feel, that unless the doctrines m which South
Carolina had acted could be successfully resist.
ed, it would be impossible for the Governme mt
to adopt any measure against her; which pre-.
scented the great and solemn question-are they
true or not? on which he proposed to make lew
remarks; with the intention that the Senate
might duly and deliberately reflect on them in
the short interval between this and Monday next.
The day fixed for the discussion of the billy
The great question at issue is, where is the pa
ramount powerl Where the sovereignty in this
complex, but beautiful aud admirable system (lf
well understood) is lodged; for where sovereign
ty 49,. there too must be the paramount power.
A few plain, and simple, and introvertlble posi-
tions will determine this point. That the peo-
pie of the States, as constituting separate com
munities, formed the Constitution, is as un-
questionable as any historical fact whatever. 1t
stands upon the most durable and UNREASONABLE
record-as much SO as the records OF any court
in the universe; and that the Union, Of which the
constitutional compact is the bond, is union be-
tween States, and not between a mere mass of
individuals rests on authority not less kigh-On