Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-04-02

rolina are founded on this claim ofriol,, iL.r .oS.o,ion
"a pronounced The revenue law of the United States un-
'oiSu'uuOnai; ana THIS decision she does not allow any
Authority OF the United States to ovcrrule or reverse. 0f
course, she rejects the authority of Congrcss. because the
very oOJect oil the ordinance Is TO reverse the decision of
Nons'ISS' ana She REJECTS, too, the authority OF The Courts
OF lhe United States, because She cXprcssIv urobibit, an
'pPea, Il nose courts. IL is in order to sustain this assert
"a " u VI oelhg her OWn Judge, that she ptonOuuces the
constitution OF the United States to be but a compact, TO
"hlcn she is a party, and a sovereign party. II this be
e't"bishej, then the inference is supposed 10 follow. that
being sovereign, there is 10 power to control her Jscisiou
I,u nT own Judgment ON her own compact, is, and must
cat consequences OF this docuine, and TO sLsw how uter-
y iHconsh'eLtI J., with all ideas OF regular government.
ana no" soon its adoption would involve the whole com.
~ d r~'o''uon aud ABSOLUTE anarchy. hope is easy
no" 10 show, sir, that doctrine, bringing uchrons.,ucn
Z "ii - Is not wen founded; thatit has nothing 10 stand
"Po" u Uheoly anu assumptions; ard that il il ref1ted bv
pam ans express constitu ional provisions. u,i,,k The
uoVernm' mt OF the UDi.ed States does possess. in its n
piopiIaie departments, the authority OF final dscj.ior I'M
questions OF disputed power. tlink il possesses This au-
grant. '"FN'
II will not be denied, sir, TIA, this out,o,i,v rorur,,,
oe'onss 10 all Governments. They all exercise il from ne
.ss"y' ana as a consequence OF the exercise of o,her
"rI u S'ae Governments themselves possess il,
~ ~ "a" Grass Ol q"estions which may arise between
1 EN- and The General Government. and in REGARD IN which
my nave surrendered n, as well 10y the nature OF the
c'st IL oy clear constitutional provisions. In other and
Ordinary cases, whether a particular law be in coulormi,v
10 Tue Constitution OF the State is a question, Which ~
state Legislature or the State Judiciary mus, determine
" { IL kliO" NAT these questions arise daily i'm he State
governments and are decided by those Governments; and
power. S'"i'
Upon general principles, then, the Government of fine
Oh1eu states possesses this authority and This would
!i"'uiy oe uehied' Were 1t not that there are either Govern
.Io'i'S Du' since there are State Governments, and since
these, like other Governments, ordinarily conssrue tI,oir
own powers, If the Government of the United States con-
sUucs It's own powers also, which construction is 10 pre-
van, IN the case OF opposite constructions Ana orsi6 os
IN The case now actually before us, the State G,vcr1,ncn,s
may undertake, not only 10 construe tbeir ovr oonan L a.,
w NlN NlIeGuN OIL he eNfpn nl tho 49,, -
congress has passed a law as being within lis inst movers.
SCUM carolina denies that this law is within its lust now
ers' anu insists that she has the right so to decide this
tons TO be settled? U 4ue
In my opinion, sir, even if the Constitution of the Unit
eu otS'es hu made no express provision for such cases, il
would yet be difficult to maintain that. i'm a Constitution
existing over Tour and twenty States, with equal au,hori-
" over az one could claim a right OF construing il for tbe
whole. This would seem a manifest impronrieiy- ini." va
an abSurdity. If The Constitution is a government, cris,I'
zee : ~ follows s,' tiisii, ' 70 IEs o %iih l il tHa.e powers PSwers, il
must be supreme. II it be not superior 10 the authority
Oh particular State, IL is not anational government. But
CD uGR@ z g%fJalyPQY eG,c o;s& ie4slye with the legisla-
OF any one part. Congress is the Legislature of all tho
people OF the United States the Judiciary and the Gene
raj Government is the Judiciary OF al tie people OF the
United States. To hold, therefore, that this Legislature
and tins Judiciary are subordinate in authority TO The Lee
and Judiciary oil a single State, is doing violence
To all common sense, and ovcruruiug all established ptin-
ciples. Congress must Judge OF the extent OF lis own pow
ers so often as it is called on to exercise them, or il cam
not acta at all; and it must also act independently OF State
control, or il cannot act at all.
The right oil State interposition strikes al the very foun-
daton oil the legislative powcrof Congress. IL possesses
10 effective legislative power, il such a right of State in
terposiuon exists; because it can pass no law not subject to
a~brogahon. 1t cannot make laws for the Union, II any
part OF the MON may pronounce its cnactmcnts void and
of no effect. Its forms Of legislation would be an idle
ceremony, IT., alter all. any one of four and twenty States
might DID defiance TO It' authority. Without express pro-
vision in the constitution, therefore, sir, this whole Uues-
ton Is necessarily decided by those provisions which create
a Legislative power, and a judicial power. n these exist.
III a Government Intended Tor ihp whole the iuaVitaIla
consequence is, that the laws Of this legislative pow err, and
the decisions OF this judicial power, must be binding on and
over the whole. No man can form the conception OF "A
Government eNlsn"g over Tour and twenty states, with a
regular legislative and judicial power, and Of the exist
ence' al The same time, OF an aulhoitiy, residing else
where, 10 resist, at pleasure or discretion, the endctments
aud tue decisions OF such a Government. maintain,
therefore, sir, that, from tho nature Of the case, and as an
inference wholly unavoidable, the acts Of Congress, and
the decisions Of the national courts, mast be of higher au-
thOIIty than State laws and state deci,ions. III this be not
so, there Is, there can be, no General Government.
But, Mr.. President, the Constitution has not let this car
dinal point without full aud explicit provisions. First, as
to the authority OF Congress. Having enumerated the
specific powers conferred on Congress, the Constitution
adds, as a distinct and substantive clause, the following,
yiz;-IO make all lars ichch shall be necessary and
proper tor carrying into erecuiiOH The E0regOing pOi0-
e", ana all 0heT PoCGS rested by the Constitution iH
the Government N Mt United States, or in any depart-
meHt ar officer hereOf."-lT this means any thing. il
means that ongress may Judge Of the true extent and Just
Interpretation OF the specific powers granted to it, and may
judge also OF what is necessary and proper for executing
those powers. II Congress is 10 judge Of what is necessd-
T. ii WV VI rs pUN tIN ~ HlNhl OF ntCtSslINt
Judge OF the extent and Interpretation OF those powers.
And in regard, sir, 10 the judiciary, the Constitution ls
still more express and emphatic. 1T declares that the iu-
dicial power shall extend to all cases IN law or equity nris-
ing under the Constitution, laws Of the United States, and
treaties; that there shall be one Supreme Court, and that
this Supreme Court, shall have appellate jurisdiction OF
all these cases, subject 10 such exceptions rs Congress
may make. II is impossible 10 escape from me generali.
ty Of these words. IL a case arises under the Cunsntu-
ton; that Is, If a case arises depending on tho construc-
ton Of the Constitution, the Judicial power Of the United
States extends TO ii. Ii reaches the case, the question; il
attaches the power OF the national iudicature 10 The case
itself, In whatever court it may arise or exist; and in this
case the Supreme Court has appellate jurisdiction over all
courts whatever. NOianguage could provide with more
effect and precision, than IS here done, Tor s%uliecdng con-
sutUiOnal questions 90 the ultimate decision OF the SUI
preme Court. And, sir, this Is exactly what the Csnvcn-
ton found 10 necessary TO provide for, and intended TO pro-
vide for. Itis, too, exactly Wh0tt the people were univer-
sally told was done when they adopted the Constitution.
One OF the first resolutions adopted by the Convention
was I'm tines. words, viz: "tlat the jurisdiction Of the ma
ionai judiciary shall extend to cases which respect The
cOVcciiOn NJ the national reuetUe, and questions which
involve the national peace and harmony
Now, sir, the either had no sensible meaning ~ an. or
else it meant that tho jurisdiction OF The national Judicial
~ should extend TO these questions ruth n par0m0urt
authority. ltis not 10 be supposed Hiat The Convention
intended HAT the power of thc national judiciary should
extend TO these questions, and thUt Che iudicdtures OF the
States should also extend TO thcm, riit CqUai p0tCeT If
+ fudf dccisiop. This would be to defeat thc whole object
of the provision There were thirteen iudicatufes alrea-
dy in existence. The evil complained Of, or the danger
10 be guarded against, was contradiction and rcpugnauce
/ to- fhc decisions of these iuacaturca. ~ the trainers Of
/ the cons tuition ucani D create fourteenth. aud yet not
To- give BE- power TO revise and control the decisions Of the
existing thirteen, thcn they only intended TO augment the