Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1833-04-15
f'tsi4I'i'iCAL.
VI. ULBSTE!.' $ SPEECH, IN Reply 10 M.
CALHOUN
OK THE REVENUE COLLECTION BILL.

coNcLUDEp.
Gentleman appear to me, Sir, to look ut bu, one
side of the qucsiiun. They regard only the sup
posed dan .cr OFT ustin5 the Government with The
Interpretation ct ,is o"n powers. But will they
view III, i.ston It's other aspect Will thsy
show Us h,w 1t is possible for a Government 10
get aAig willi loIr and twcniy lntcrpretcs Of It's
laws and powers Gentlem n argue, too, as IT
IN these cases, the slate would be always light
anltp General Govcinnent always wrong. Butt
suppose hc reverse suppose the State wrong
and since they differ sunle of them must be wrong,
are The most M. ,,rtnn aud essential operations of
the Government TO be embarrassed and arrested,
because one State holds contrary opinion Mr.
President, every argument which refers the consti
tutionalty ola of Congress TO State decision APP
pcals from the majority 10 the minority 1t appeals
frorn the common int, rest 10 particular interest ;
from the councils of ali 10 the councils OF one and
eoiedscrS To sup erse l. the Judgment of the whole
oy the Judgment Of part.
thlnA II IS clear, ,lr, that the constitution by
express provision, by definite ard uneqavocal
words as we'll as 10y necessary implication, has
constituted the SUR NE Court OF tie United States
the appellate lrbu I'll IN all cases of cons tltational
nature winch asSumc the shape Of a sui, IN law OF
ctn,y. And l,ink Cannot do uet,er than TO
iiAvst this part Of te subject by reading tn lemarls
WaJe upon II oy Mr.. Els ortiz, III the Convention
o '>"n"t'tnut; gtntleman Sill, WHO has loft be-
""n am, o" uS records oil tine Government OF his
-.-' y.nH1l II a.e cleaceat III e.Il.rnce and OF
~ 's~.rA foca,, It's well as Of the utmost pun
o t11 H. ~ q! -a.}detcr. " Tins constitution, "
say No. j"hnss me extent ofthe power OF the
u neral t'osctHment. lfthc General Legislature
snouId a. any uine, overlap then limits tie judi
cal dcpa tn-at 10 a constitutional check. Ii the
Sl.tE y ~ VDnI il,-Ir / ihttV
MAKE ai,w which the constitution does not du.ho-
rze II Is vIld and ha jud cary power, tie IA onal
judges, who, TO secure their mpartialiy are 10 be
maze iadepchdent, will declare It To be rold. On
the other nlnI, if tue Il ties 20 yond their ln
hthey make Il law which Is a usurpation upon the
General Government, the law is void and up
right, independent judges VIII declare il TO be SO u
And let me now only add sir, that, in the first
session Of the first Congress, with all these well
known lects, both Of tn. Convention and the
people, full and fresh IN his mind, NJ. Ellsworth
reported the blll is generally understood for
inc organization of the Judicial department, end,
III that bill, made provision for the exercise Of this
appellate power ofthe Supreme Court, in all
proper ses, IN whatsoever court arising; and thai
'"'s appellate power has been exercised fer
i''oIe man forty years, without interruption, and
without doubt,
Al 'S N"SeSi sif, WHICH do hot cone oeiore
ine courts those political questions which ,erml-
Na'c WIN the enactments Congress, ii is of mo-
CssSlV o'at these should be Ultimately decided by
Sons'ess iTset Like other Legislatures, 1t must
oe"uS'ed w1ih this power The members of Con-
s.ess are chosenhy the people, aud ihey are an
s"aaoe 70 the people, Ike other pubic agents,
are pound by oath to support The constitution
', are The securities that they will not violate
,ns" aa.y, nor transcend their powers. They are
,. sum securities as prevail III Other popular Go
,o. mns.ns nor is easy to see how grants OF
,na "a" oe more safely guarded, without render
the snnn' "ugaiory: Htf.e case cannot come before
"' |ou''s' anu II Congress be not trusted with its