Daily Richmond Whig & public advertiser. [volume] (Richmond, Va.) 1833-1840, 1833-04-04

Another consequence, which was equally clear
teat( whatever modification was mace in the COO.
dillon OF the Stptes, under the present Cousti-
tuition, vsrs notifications extending only to the
| exercise OF their powers BY compact, and not 70
the soveignty itself, and are such as sovereigns
are competent to make il being aconceded point
mat Is competent 10 them to stipulate TO exer-
else their powers in particular manner, or to
abstain altogether from heir exercise, or TO DEL
| egate them 10 agents, without, 10 any degree.
lmparing sovereignty ii,eiC The plain state oil
the factsas regards eur government, is that these
states have agreed, BY compact, to exercise heir
sovereign powers jointly, as already stated, and
that Tor this purpose, they have ratified the COM
pact IN their sovereign capacity, thereby making
Il the Constitution or each State, in no wise dis
ingulshed from their own separate Constitution,
put In the supeyadded oti;--'icr Of ccmnact-of
faith mutually pledged to each other. In this
compact they have stipulated, amongst other
things, that il may be amended by three fourths
Of the States that il, they have conceded to each
other, by compact, the right to adj new powers
or 10 subtract old by the consent Of that proper
ton Of the States, without requiring, Us other
wise would be the case, the consent Of ALA
modification no more inconsisient,.a as has been
supposed, with their sovereignty than any other
contained in the compact. In fact, the provision
70 which alude, furnishes strong evidence that
the sovereignty is as contend, in the States Sc
veraily; as the amendments are effected not by
any one three fourhs, but by any three fourths
OF the States indicating that the sovereignty is
in each Of the States.
III these views be correct, il follows, ms a mat
ter OF course, that the allegiance of the people
Is to their several States, and that treason con-
sists in resistancsto the joint authority Of the
Stotes united not, as has been absurdly contend
ed, IN resistance 10 the Government Of the the
United States, which, by the provision Of the
Constitution, has only the right of Furnishing.
These conclusions have all a most important
bearing on that monstrous aud despotic bill
which, to the disgrace Of the Senate and the age,
has passed this body. I have still right thus
to speak without, violating the rules Of order,
ash Is not yet law. These conclusions show
that the states can violate no law; that they
neither are, nor in the nature OF things can be,
under the dominion Of the law; that the worst
| that can be imputed TO them, is a violation of
compact, for which they, and not their citizens,
are responsible; and that to undertake TO punish
State, by law, or to hold the citizens response
Bile for the acts Of the State, which they are on
their allegiance bound to obey, and liable to be
punished as traitors for disobeying, is a cruelty
unheard Of among civilized nations; and de-
! structive Of every principle upon which our Go
vcrnment is founded tits, in short, a ruthless
and complete revolution Of our entire sytem.
Twas desrous to present these views fully, be-
fore the passage Of thislong to be-lamented BILL
but i. was prevented BY the majority, as have
stated, at the commencement Of my remarks, l
trust that Il is not yet too late.
Having now said what ; intended in relation
to my first resolution, both in reply TO the Senator
| from Massachusetts, and in yindication Of its
correctness, will now proceed to consider the
conclusions drawn from il in the second resolu-
ton; that the General Government is not the
exclusive and final judge Of the extent Of the
| powers delegated TO il, but that the States, as
parties to the compact, have right to Judge, in
the last resort, Of the nfractions Of the compact
and Of the mode and measure Of redress
Ii can scarcely be necessary, before so enlight-
ened body, TO premise, that our system compre-
hends two distinct Governments-the General
and State Governments, which, properly consi-
dered, form but one. The former, respecting the
joint authority OF the States in their confederate
capacity, and the latter, thar Of each State sepa-
rately. Ihave promised this fact, simply. with a
view of presenting distinctly the answs to the
argument offered by the Senator from Massa.
/ chusetts, 20 prove that ths General ssovernmeni
hos final and exclusive right to judge, not only
Of its delegated powers, but also Of those re.
his main argument on the assertion, that Go
vernment, which he defines TO be an organized
body, endowed with both will and power and
authority in proprio pigore, TO execute its pur.
pose, has a right inherently TO Judge OF its pow
ers. IL is not my intention to comment upon tho
definition Of the Sepatcr, though il would no,
be difficult TO show that his IDEAS Of Govern.
nient are not very American. My object is &c
deal with the conclusion and not the definition
Admit, then, that the Government has the right
c! jaaSiaS .! re powers, Tor which he contends
How then will he withhold, upon his own prin
ciple, the right Of judging from the State Govern
ment, which he has attributed to the Genera
Government IL it belongs to one, on his prin
ciple il belongs 10 both-and If to both, if they
H. - al. a
necessary result; as neither, il the right be pos
sessed by both, can control the other.
i The Senator felt the force of this argument
and in order TO sustain his main position, he fel
back on that clause Of the Constitution, which
provides, that "ths Constitution, and the law.
made in pursuance thereof shall be the suprcm,
law Of the land"
Ttis is admitted; no one has ever denied tina
the Constitution, and the laws made in pursu
dnce Of it, are Of paramount authority But i
is equally undeniable, that laws not made in pur
suance, are not only not Of paramount authority
but are Of no authority whatever; being Of them
selves, null and void; which presents the cues
lion who are to Judge whether the laws be or be
not pursuant to the Constitution, and thus tn,
difficulty, instead Of being taken away, is re.
moved but one step farther back. This the Sc
nator also felt, and has attempted to overcome
the difficulty, by setting up, on the part Of Con
gress, and the Judiciary, the final and exclusive
right Of Judging, both for the Federal Govern.
ment and the States, as TO the extent Of iheil
powers. That may do full justice TO the gen.
ileman, will give his doctrine in his own word.
| He states: =,
4 "That there is a supreme law, composed oil
the Constitution, the laws passed in pursuance
oil, and the treaties; but in case comipe befos,
Congress, not assuming the shape Of cases In
law and equity, so as 10 be subjects Of Judicial
discussion, Congress must interpret the Const
tuition, so often as has occasion TO pass laws,
and in cases capable Of assuming a Judicial
shape, the Supreme Court must be the final in.
terpreter"
Now, passing over this vague and loose phrn.
eoloyy,. would ask the Senator, upon whaI
\ principle can he concede this extensive power
to the Legislature and Judicial departments, and
withhold entirely from the Executive II one
has the night Il cannot be withheld from the 9th.
e.. would also ash him, on what principle, II
dNDlFfUnCnfr ~ L.. =