Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-03-16

uuiy Ut hu"dn al Sauieht can remove the nos
lar basis on which that constitution rest, F'p'
turn the instrument into a mere conn,,. ,a'
tween sovereign States. WV
The seond proposition, slr, which prono.,
MAINTAIN, is, that no State authority c,S '
solve the relations subsistins between n. W.
vernment Of the United States and ind;,;,.uH
that nothing can dissolve the relation, IN, ."
luton; and that therefore, there can be- m wv.
thing as secession without revolution. an va
| follows. as It seems to me, asa just con,eonos'
If it be first proved that the constitution 81
United States is Government proo.r o, We
pro,ection to individuals, and entitled ;, as
| obedience. ''
The people, sir, in every State, live rrs,,
two Governments. They owe Obedience
both. These Governments, Though dj.f,,.
are not adverse. Each has its separate snb.,'
aud It's peculiar powers and duties. Ii i, No,
contest between two sovereisnS for the sane r,'
er, IKE The wars Of the rival Houses in Eo,I,,I
nor is 1t dispute between government de tor,'
and government de jure. 1t is the case "f
division Of powers between two so,ernm.r,
made by the people, to which both are re.r0,
sibie. Neither can dispense with the duty VIM,
individuals owe Ia the other; neither can c,IIs
self master OF the other: the people are ms,.,,
of both. This division Of power, ltis true, Is !,
great measure unknown in Europe. Iii, 4.
peculiar system o! America and, though No.
aud singular, il is not iDrompreI,ensibe' Il,
State constitutions are established by the oro,I,
of the States. This constitution j, e,,,b;I.i
by the people of all the States. How. tasu, ON
State secede? How can State undo vbu
the whole people have dunei How can she al
solve her citizens from their obedience 70 n.
laws of the United States? How can she anoI
their obligations and oa'hs? How can the men.
beers of her Legislature renounce their own oarl,:
Sir. secession as revolutionary right, i, neI.
iisibie! rs a right to be proclaimed IN the nI,
of civil connections, and asserted at tie head O,
armies, | can understand it. But, al mscrlr
right existing under the constitution, and !,
conformity will, its provisions, it seems to me Il /
be nothing but plain absurdiry: Tor it suppose
resistance to Government, under the almorI,
Of Government itself: it supposes dsmemb,
ment, without violating the principles o( uuya
il supposes opposition to law, withoI, crime; |
suppnses the violation Of oaths, without re.pal
sibIity; it supposes the total overthrow Of e. |
vernment, without revolution.
The Constitution, sir, regards itself as perp,t
ual and immortal. 1t seeks to establish saga
among the people of the States, which shall hi
through all time. Or, il the common tate q
things human must be expected. at some peri5
to happen to It, yet that catastrophe i. no, ani!
p,ted.
The instrument contains ample provisions f.
its amendment, at all times; none for its absr
donment, at any tine. Ii declares that nss
States may come into the Union. but il not doa
declare that old States may go out. The Cnlg
is not temporary partnership Of States l'uh
association OF the people, under constitution d
Government. uniting their power, joining lOgeH.
err their highest interest, cementing their pre-
ent enjovments, and blending, IN one ind'sS,
mass, all their hope for the future. WhsScc
IS steadfast in just. political principle,-"h,'s
ever is permanent IN the structure Of humn
whatsoever there is which can derive
enduring character from being founded on t,f
laid principles of constitutional liberty, and
the broad foundations Of the public will all h%
unite to entitIe this instrument to be regardsdn
a permanent constitution OF Government.
In the next place, Mr.. President, cuut'ti
that there is supreme law of the land, eon'Is'
Ing Of the Constitution, acts of Congress p,"E
in pursuance Of it, aud the public treaties I's
will not be denied, because such are the ~
words Of the Cons tuition But contend, W,
Their, that it ri.htfully belong, 10 Consr'''. Ns
to the Courts of the United State-, to settle n'
construction Of this supreme Law. 10 doloul o.
ses. This is denied: and here arises The .'''
practical question. Who is 10 eons''w faaSg IL
Constitution ofthe Uaued &a'e' We i'''!"
that the Constitution Is the supreme law; D1t"
shall interpret that law7 II our -,y''e" u =,
division of powers between different g''eEH"r''
controversies will necessarily ,omelrne' '''
respecting the extent OF the powers 81 "a
Who shall decide these controversies: pF'
rest with the General Government. IA al "n
ofIts departments, to exercise the 9Th Of .
Or may each Of the states a. %
as the General Government, CLAIM lhIs ~
ultimate decision7 The practical result
whole debate turns on this point. Inc 1'a
man contends that each State may Ji'!'
self Of any alleged violation OF the ,C"'".. 49,
and may finally decide for itself, and m9 !,
cute its own decisions by its own P,"er T., =,
the recent proceedings in South CaT"'l"'
founded on this claim Of right. Her Co", T",.j
has pronounced the revenue laws al ne ~"
States unconstitutional; and this Ie'l'''p
does not allow any authority Of the Uh'tr' 20
=, ovsr,,Ie mr. r.yerse ar cOursr she frlo'