Daily Richmond Whig & public advertiser. [volume] (Richmond, Va.) 1833-1840, 1833-04-03

In Der answer, she says--C Here Mr.. C. read
from the answer Of Massachusetts rs follows 4
But they deem il their duty solemnly to declare.
hat.while they hold sacred the principle, thai
consent Of the people is the only pure source Of
just and legitimate power, they cannot admit
the right OF the State Legislatures to denouuce
the administration oil that government 10 which
the people themselves, by solemn compact.
nave exclusively committed their national con-
cern:. That, although a liberal and enlghten-
ed vigilance among the people is always to be
cherished, yet an unreasonable jealousy Of the
men oil their choice, and recurrence to mea-
sures OF extremity upon groundless or trivial
preiexts, have strong tendency to destroy all
rational liberty at home, and TO deprive the Uni
ted States OF the most essential advantages in
their relations abroad That this Legislature
are persuaded that the decision Of all cases in
Jaw or equity, arising under the Constitution oil
he United States, and the construction of all
laws made in pursuance thereof, are exclusive.
" vested by the people in the judicial courts OIL
the United States"
THAT the people, in that solemn compact
which is declared to be the supreme ia,D of III.
land, have not constituted the State Legisla.
lures The judges Of the acts or measures OF the
Federal Government, but have confded TO them
the power of proposing such amendments TO the
Constitution MS shall appear 10 them necessary
to the interests, or conformable to the wishes
oil the people whom they represcntn
Now, ask the Senator himself-T put Il to
MS candor TO say, If South Carolina be estop-
ped on the subject of the protective system, be-
cause Mr.. H. and Mr. Smith proposed a mode
rate duty on hemp, or some other article know
not what, nor do care, with view of encour.
agingits production, OF which motion, ven
ture to say, not one individual in hundred in
the State ever heard, whether he and Massachu
sets, alter this clear full and solemn recognition
N eli l,,l,
part and that of his State, be not forever estop
ped on this important point
There remains one more Of the Senator's ar
guments TO prove that the Constitution is not :
compact, TO bc considered. He says it is not I
compact, because IL is a Government; which h,
defines TO be an organized body, possessed o
the will and power TO execute its purposes, b,
ITS own proper authority; and which he say.
bears not the slightest resemblance 10 a com
pact. But would ask the Senator, whoeve
considered Government when spoken of u,
The agent 10 execute the powers of the Consti
tuition, ms distinct from the Constitution itself, q
a compact
In that light it would be perfect absurditv
IL is true that in general and loose language i
is often said that the Government is a compact
meaning the Constitution which created il ant
vested IL with authority 10 execute the power
contained IN the instrument; but when the dis
anction is drawn between the Constitution anC
the Government, as the Senator has done,
would be as ridiculous 10 call the Government
compact, as TO call an individual, appoined to ex
! ecute provisions of the contract a contract; an,
not less so to&uppose that there could be tn
slightest resemblance between them. In con
nexion with this point, the Senator TO prove tina
the Constitution is not a compact asserts tina
il is wholly independent of the State, and point
eddy declares that the States have not n right 4
touch hair OF ITS head and this, WIN that pro
vision IN the Constitution, that three-fourths o
the States have a right TO alter, change O
amend, or even 10 abolish it, staring him in III
/ face.
! i have examined all of the arguments Of III
Senator, intended TO prove that the Constitution
is not compact; and trust have shown, b
The ciearest demonstration that his argument
are perfectly inconclusive, and that his assertio
is against The clearest and most solemn evidenc
I-evidence OF record and of such characte
that they ought TO close his lips forever.
5n 2eT e asree ii he %c and
presented this part Of the subject; ! mean tina
one IN which he states that the Government,
founded In compact but is no longer n compact
have already remarked that no other interpreta
lion could be gwen 10 this assertion, except tina
Inc Constitution was once compact but is n
longer so. There Is vagueness and fndistnct
ness IN this part of the Senators argument whicI
1 :
ing. If he meant, as presume he did, that tn
compact is an executed, and not an executor,
one-that ITS object was TO create Government
and TO invest II with proper authority and tina
having executed this Office. it had performed il
functions, and with it had ceased TO exist, thel
we have the extraordinary avowal that the Con
stituticn is dead letter-that il has ceased {,
have any bidding effect, or any practical inliuenc,
or operation.
| 1t had, indeed often been CHARGED that In,
Constitution had become a dead letter; that j
was continually violated and had lost all is con
troll over the Government, but, no one had eve
before been told enough to advance n theory or
the avowed basis, that it was an executed, ant
therefore an extinct instrument. / will not Sc
rIously attempt 10 reiute an argument which tC
me appears so extravagant. had thought tina
the Constitution was to endure forever. AnC
that so far from its being an executed contract, i
contained great trust powers for the benefit o.
those who created it, and all future generations
which never could be finally executed during tn,
existence Of the world, ii our Government should
so long endure.
will now return to the first resolution, 10 see
how the issue stands between the Senator from
Massachusetts and myself IL contains three
propositions. First, that the Constitution is q
compact. Second, that il was formed by the
States, constituting distinct communities; and
~
pact between the States. How do these three
propositions now stand7 The first, trust has
been satisfactorily established the second, the
Senator has admitted, family indeed, but still he
has admitted it TO be true. This admission i:
something. II It's so much gained by discussion
Three years ago even this was a contested point
But cannot say that thank him for the adj
mission-we owe il to the force Of truth. The
fact that these States were declared 90 be free
and independent States at the time Of their in
dependence; that they were acknowledged TO be
so by Great Britain in the treaty which termi
mated the war Of the Revolution, and secured
their independence; that they were recognized
in the same character in the old articles Of th,
Confederation; and finally. that the present Con
stiiuion was formed by a Convention Of the Sc
veral States, afterwards submitted TO them fol
their ratification, and was ratified by them scpa
raiely, each for itself, and each, by its own act
binding its citizens, formed n body Of facts Toe
a