Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1833-04-11
VOL. XI.--Nl). 6.

gross bee the very oec. of the ordinance II IN
reverse the decision Of Congress and she rejects
too. the authority OF the courts Of the United
States leeanso she expressly prohibits nll appeal
10 those courts. II Is in order 10 sustain this assert
sd right OF being her own Judge that she proEounc-
es the constitution ofthe United States TO be hut
compact to which she IS psrty and a sovereign
party II tins he established then the inference is
supposed 10 follow that being soverego, there Is no
power to conitoi her decision, and her own judy
in'nt on her own compact is aud must be Goa
elusive.
have already endcavorcd SIR to point OUT the
practical consequences Of this doctrine and TO show
now utterly Inconsistent il Is with all ideas Of reg
o'hf government and how its adoption would
involve the whole country III revolution and ahso
lutte anarchy hope Is easy now TO show, sir.
that doctfne, bringing such consequences with IL,
IL not vel. founded TIM, il has nothing to stand on
Bat theory and assumption and that il is refuted
ny PLAN aud express constitutional provisions. l
think the Government Of the United States docs
possess IN lis appropriate departments the author
Nv oi fna decision questions of disputed power.
thnk 1t possessas ths authority both by ncces-
sary implication. and by express grnpt
II will not bu denied, air, that this authority nat
nr"lly belongs TO all Governments. They all ex-
ofclse 1t from necessity, and as "A consequence Of
the exercise ofother powers. Tho State Govern
mentl themselves possess It, except in that class Of
questions which may arse between them aud tho
o'ehera Government, and IN regard to which they
have surrendered It, IA well by tho nature of tho
case, AZ by clear constitutional provisions. In other
and ordinary cosos, whether particular law be IN
conformity 10 the constitution Of the State ques-
tiou which tho State Legislature or the State Judi
GARY must determine We all know TINT these
questions arse daily IN the Stats Governments,
and are decided by those Governments; and know
| a. .aV eb "a,
power.
Upon gcnerM principles, then, tho Government
Of the uniied States possesses this authority anj
this would hardly bc denied, were il not that there
are ntler tovernments But since there are State
Governments aud since these, like other Govern
mcnls, ordinarily eonsrue their own powers, II tho
Government OF the United States constrdes it, own
poweta also which construction ia To prevail, in
the cnse OF opposite eonsructons1 And again, as
ia tho case now actually before US, tho State Go
ycrrIncuts may undertake, not only to csastrue
tlcir own powers but to decide directly on the cx-
tent olthc powers # Congress Congreas has passed
a law as being within It's just powers; South Caro-
Ina denies thu this law ID within liz Just powers,
and insists hat she has the right 10 decide this
point, and that her decision IL hual. How are
these questions 10 be settled
In my opinion SIR oven # the constitution OF tho
United States had made 40 express provision for
such cases II would vet be difficult To maintain
that IA constitution existing over fhur and TWEEN
~ States, with Tho oquei authority over all,
could claim n right Of constituting IT for the whole
ihs would seem n manifest improprieiy--ind
an nbsordhy. II the constitution IL II government
existing over all the States, though with limited
powers, It necessarily fellows that to tho extent Of
those powers il must be supreme. II il be not su-
efpf to the authority OF particular State, ~ not
national Government But as IT is u Government,
as 1t ins legislative power Of It's own and judi
cal Fewct Gu extensive with the legislative, the
Inference - irresistible, that ts cayerunent thus
created jy The whole, and foJ the whole, must have
IA authority superior 10 that Of the particular Go
yetunent OF any one part. Congress is the Logis-
| aiure Of all The people Of the United Staics tho
Judiciary Of the General Governmentis the judi
CARY OF all the people Of the United States. To
ho'1 therefore, that this Legislature and this Ju-
delay are subordinate authority 10 tho It,
gislatore and judiciary Of single State, 10
doing violence to all common sense, and o.
yerturnng all established principles. Con-
efess must Judge tho extent Of ito own pow
ers ofcn II Is called on to exercise them, or it
cannot act u, oil and 1t must also act independent
Of State control, or 1t cannot act AT all
The right Of State intefposon strikes al ne ve-
ry foundation ofthc legislative power Of Congress.
It possesses no effective legislative power, if such
lleht Of State interpretation exists because 1t can
pass 20 law not subject TO abrogation II cannot
make laws Tor the Union, if any pall of the Unlon
may pronounce ts enaclmen,s void and of no effect.
lt3 forms OF legislation would he idle ceremony,
il, after all, any one Of four aud twenty States
might bid defiance 10 ITS authority, w lthout
nrAss provision in the constitution then, sir this
whole question is necessarily decided by those pro-
vlsion3 which create n legislative power and ln-
dic,al power these exist in Government in-
"A. Ga, ~ rbf.ta he, tul
- that the laws Of thu legislative power. and the
decisions of this judicial power, must be binding
on and over the whole No man can form tho
conception OF Government existing over f0tfr and
twenty States, wlth regular legislative aud judi
oJal power and Of the existence al the same time,
st an authority, residing elsewhere, 10 resist, at
pleasure or discretion the enactmcts aud the deci
! Sons Of such Government. maintain, therefore,
SIR that iom the nature OF the case, and as an in
ference " holly unay odabe, the acts OF Congress,
an the decisions Of The national courts, must be Of
higher authority than State laws aud State deci-
sions fibis be not So there is, there can be, no
Gencral Government
But Mr.. President, the constitution has not LEFT
this cardinal point without full and explicit provj-
SONS. FIRST, as TO the authority of Congress. Ha-
wing enumerated the specific powers conferred on
| Congress the constitution adds, as a distinct and
substantive clause, the following, viz: TO MAKE
all {alos qohich shall be necessary and proper for
caYrgigg into execution The foregoing poUcrs, and
all other po,eers rested By this constitution in tks
Gorernmcnt Ofttc United States, OF IN any depart
ment o. eGeer ttereJ" If this means any thing,
i, means that Congress may judge Of the true ex-
tent and jus, Interpretation Of the specific pow'
ers granted to it and may judge also Of what is
necessary and proper for executing those pewcs,
II Congress is to judge of what is necessary fos the
execution Gifts powers, II must, OF necessity Judge
of the extent and Interpretation of those powers.