Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-03-26

States who are parties thereto, have the right |
and are in duty bound to interpose for arresting
the progress Of the evil. aud for maintaining with.
in their respective limits, the authorities, rights
and liberties appertaining to them" This Res.
olution, Mr. Chairman. asserts, that it is the
right and duty of the States to interpose for ar.
resting the progress Of the evil" &c. that may
arise from a deliberate, palpabIe and DANCE.
rous exercise Of other powers not granted BY
said compact" &c. Here is maintained the
right Of State to I" interpose" to arrest, or IN
other words to stop, with view to defeat, what
ever it may believe to be an unconstitutional act
of the General Government
10 times Of party excitement, any measure
may be magnifed into ga deliberate, pal Pabie
and dangerous" breach Of the Constitution. The
present attitude of South Carolina affords sui
ficient proof of this fact; and it is from these
doctrines that she seeks her Justification. These
doctrines repudiate the idea OF the final settle
men, of any controverted question by the Fede-
raj Judiciary. The State is in duty bound to
"interpose'' 1t may interpose Dy resolutions as
we have so frequently done, in pursuance OF the
example of the '98 Resolves. IL may interpose
as South Carolina has, done-first, by resolu-
tons, then by law, and If all this will not do.
then secession follows as the natural result OF
those principles. know it has been said that
this third Resolution speaks of the States. and
not of single STATE az having the right TO ''in.
ierpose," &c. Bat. Mr.. Chairman, 1t does not
bear this construction. required no volumi'
nous and labored argumen. like the report OF SO.
to prove the sell evident proposition. that the
States IN the aggregate could "interp'se' and
s.arrest" the progress Of the General Govern.
ment whenever they thought it expedient to do
So But the resolution has singular, and not
plural Specification, when it speaks OF the duty
Of the States, to maintain Z" within their respec,
iive limits the authorities, rights" &c. Sir.
cannot vote for the re.assertion OF these Resolu.
tions, when see at this very moment their per-
nciOus effects operating so detrimentaliy upon
the councils of sister State.
If they effected repeal Of the Alien and Sc.
dition laws then, they did much good. For those
laws, II not unconstitutional, were unwise and
impoltic. They imposed restraints upon the Ii.
berty of speech and of the press. which were in
compatible with the nature and character OF our
Government They guaranteed, to be sure, the
jury trial; aud this was their only reedeemng
feature. They were, so far, less objectionable,
than that prOscriptive system which has been so
extensively 'practised upon BY the present Chief
Magistrate of the Union. Hundreds Of the pub
lie functionaries have been driven from the SER
vice Of their country, without notice. without tr-
al, without fault Faithful in, alT things, except
in personal adhesion TO the President. Against
such principles. would wage eternal war. for
would not that single hair in freeman's head
should be harmed by the hand of power.
Since my first entrance into pubic life. I
have opposed every measure, upon which have
been called TO act, which was tainted with Pr'n.
ciple of tyranny, no matter from what source it
may have sprung-no matter in what shape it
NAV have appeared
You know, Mr.. Chairman. that il has not been
| verv long since yoa>and |, and many others now
before me. acting in cordial cooperation. endea.
vored TO restore the jury trial to the people OF
this State, in cases where 1t had been taken from
them by the Legislature, although guaranteed by
the Constitution But we failed in the effort
and the obnoxious principle is still operating with
undimlnished force. But to return to the third
Resolution: The Report of '99. in commenting
upon that resolution uses this emphatic language
1.-The States then, being the parties to the
Constitutional Compact, and in their sovereign
| capacity. it follows of necessity that there can
be no tribunal abuve their authority to decide in
the last resort whether the compact made by
them be violated; and consequently, that as par
ties to il, they must themselves decide in the
last resort, such questions as may be OF sufficient
magnitude to require their interposiion." Now.
Mr.. Chairman, it must be perfectly apparent,
that the Supreme Court is entirely set aside. as
the tribunal to settle controversies between a
State and the General Government. "Such
| controversies as may be of sufficient magnitude
to require the interposiion of the States" are to
De decided by the States; and the Resolution as.
serts, 'sthat there is no tribunal above their au
thurity." &c.
An, party question, Mr.. Chairman. will SOM
grow into "sufficient magnitude to require the
interposition" of State, as experience has al
ready shewn. Bu, the Report further states,
that '"Fhe Resolution supposes that dangerous
powers, not delegated, may not only be usurped,
aud executed BY the other departments, but that
the judiciary department also. may exercise or
sanction dangerous powers beyond the grant of
the Constitution; aud consequently. tina, the ul.
innate right of the parties to the Constitution. TO
judge whether that compact has been dangerous.
! ~ violated, must extend TO violations by one de.
, \ 4 L II