Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-03-18

ther larger or smaller, the Constitution gives 10
in these houses, thus constituted, the
full and entire power oil passing lays, subject al
WAYS to the constitutional restrictions, and to the
approval Of the President To subject them TO
an, other power is clear usurpation. The malo
rity Of both Houses may be restrained o!
the Presidents negative. These are checks ans
balances provided by the Constitution, existing
in the Government itself, and wisely intended TO
secure deiberation and caution in legislative pro-
ceedlnys But to resist the will OF the majority
in both Houses, thus constitu,ioHaliy exercised;
to insist on the lawfulness Of interposltIon ny an
extraneous power; to claim the right OF defeating
the will Of Congress, setting up against 1t the
will Of single State. is neither more nor less,as
it strikes mt, than plain attempt to overthrow
the Government The constituted authorities OF
the United States are no longer Government, it
thew be no, master of their own will; they are
no longer 4 Government. if an external power
may arrestiheir proceedings; they are no longer
Government, if acts passed by both Houses,
and approved by the President, may be nullihed
by State vttoes or State ordinances. Does any
one suppose it could make any difference, as TO
the binding authority of an act of Congress, and
of the duty Of a State to respect II, whether It
passed BY amere majority OF both Houses, or by
three fourths OF each, nr the unanimous vote OF
each9 Within the limits and restrictions OF the
Constitution the Government oil the United
States, like all other popular Governments, acts
by maioIities. Ii can act'nu otherwise. who.
ever. therefore, denounces the Government oil
maiorities, denounces the Government OF his own
country, and denounces all free Governments.
Aud whoever would restrain these maJorifles,
while acting aithn their constitutional limlts,by
an external power. whatever he may intend, as
serts principles which, if adopted, can lead to
nothing else than the destruction Of the Govern
ment itself.
Does not the gentleman perceive, sir. how his
argument against majorties might here be retort'
ed upon liu? Dues he not see how cogently ne
might be asked, whether it be the character OF
notification to practise what it preachesT Look
to Carolina, at the present moment. How far are
the rights of minorties there respected ICON
TESS, sir, have not Known, in peacea6le times.
the power of the majority carried with higher
hand, or upheld with more relentless disregard
of the rights, feelings, and principles OF the MI
pority: a minority embracing. a. the gentleman
himself will admit, large portion oil The worth
and respec,abiiity Of the State: minority. com
pretending, IN its numbers, men who have been
associated with him, and with us. IN these halls
of legislation; men who have served their coun'
try at home, aud honored 1t abroad; men who
would Law down their lives for their native State,
in any cause which they could regard as the
cause of honor and duty; men above tear. ana
above reproach; whose deepest grief and distress
spriDu from the conviction that the present pro-
cepdlns of the State must ultimately reflect ais'
credit upun her: how is this minority. how are
dftbT 81 s4da ess are a"a s
ton, subjected 10 tests and oaths. Incompatible,
a. they conscientiousis think. with naths alrea
DIV taken, aud obligations already assumed; they
are prus, ribbed aud denounced as recreants to du,
~ and ca,rintt,m. ard slaves to a foreign puw-
err; b0tts the spirit which pu sues them, anu
the positive measures which emanate from that
spirit, are harsh and proscrIptve beyond all pre-
cedent aihin INV knoal ledge, except IN periods
of psOfessed revolution.
Ii is not, sir, one would think, for those who
approve these proceedings, to complain OF the
power ST majOrities.
Mr. President. all popular governments rest
or two principles, or two assumptions
First. That there is, so far, common interest
among those over whom the Government extends,
as that it NAV provide for the defence, Protec-
ton, and good government Of the Whole. with
out injustice or oppression to parts.
Second. That the representatives OF the people
and especially the people themselves. are secure
against general corruption. and may be trusted
therefore, with the exercise Of power. Whoev-
er argues against these principles argues against
the prac,,cability Of all free governments. And
whoever admits these, must admit. or cannot de
nv. that power is as safe in the hands OF Congress
as in those Of othe, representative bodies. Con-
gress is not irresponsible. Its members are a.
cents Of the people, elected By them, answeFable
to them, and liable to be displaced or superseded
at their pleasure; and they possess as fair claim
to the confidence Of the people. while they con.
tinue to deserve it, as any other public political
agents.
If. then. sir, the plain intention of the Con-
vention. and the contemporary admission OF both
friends and foes, prove any thing; it the plain
text Of the instrument itself, as we'll as the ne
cessary implication from other provisions. prove
any thing; if the early legislation OF Congress.
the course Of judicial decisions, acquesced IN
By all the States for forty years, prove any thing,
then it is proved that there Is supreme law,
and final interpreter.
N