Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-06-24

tuloH, any power 10 enact sucH Jaw. upon tnS
point confess that the Senator from Mississippi Mr..
Wakerl has stolen my although not ielo-
nIousl y because he and | never had any communca.
ton on the subject Laughter, in which the Senator
from Mississippi seemed heartily 10 join The very
views which he has presented and which neither have.
been be answered, have always appeared
TO be- conclusive this question.
Why, Sir, what is The key which nnocks the whole
meaning oil the Constitution What was the great
purpose Tor which the Federal Convention assembled
All III the least degree acquainted with the history o
the country know that for the very purpose o
preventing the necessity Of all acquisitions by the Ge
neral Government State legislatures and enabling
this Government to execute It's laws by acting i
recty upon the people Of the States, instead oil their
Legislatures This was the governing principle OF the
trainers of the Constitution.
VIVA, was the history Of the old Confederation? Each
State, for example, bound contribute just pro-
portion towards the expenses Of the Federal Govern
ment. acquisitions cond only be made by the old Con-
grcss upon The State legislatures for their respectryc
quotas 1t might 'call spirits from the vastly deep;
but these Legislatures obeycd the call Just when they
pleased. The cid Congress could not compel them
TO impose taxes for the purpose ot enabling them 10
contribute their respective proportions towards the ge-
neral expenditure and they obcyed, or disobeycd
cordng to their own will and pleasure. The pre-
sent Constitution established for the purpose OF
moving this difficulty, and enabl ny Congress act d,
rcctly upon the Of the people, without tue inter-
venng agency OF the State Legislatures and, by virtue
OF its authority, 10 enforce obedience 10 It's own
laws. Now, what IS the present bill, but return 10
the exploded system Of the Confederation: II sar re-.
QUESTION, and nothing but rcquison, upon the I.e-
glsatures of the Stale 10 divide their territories
single districts for the election Of members Of Con
Now, Sir, with my settled convictions vi the tue
meaning Of the Constitution, II were member ot tir
Legislature Of Pennsy lvania should not feel myself
bound 10 obey this mandate, 10y passing law carry
IL into execution. II is true that ! would desire 10
avoid nj! collisions with the General Governmen anL
this might induce TO confirm 10 the act Of Congress
for the present. in the confident hope that It would be
repealed, Il violation al the Constitution, al DIS.
tan day because We shall certainly repeal it
obtain TIE power
believe that this Government would he speedily
dissolved, it you should return 10 the old 81
making requ sitions State Legislatures, instead al
acting directly upon the people. In that event, your
mandates would hr dsobcyed, and your authority would
be rendered contemplate.
Let ME put 10 illustrate The nnconsiitutionaly
Of this second section. Under the Constitution Con.
gress and the State Legislatures possess concurrent
powers several subjects. In such cases, when
Congress exerts It's power, our law becomes the
preme law Of the land, and the previous legislation al
the States is annnlled. The State Legislatures pos
sess the power Of cnacting Bankrupt laws; but Con
uress may any time defeat the OF this pow
err by using its concurrent power over the subject,
and passing Bankrupt law Of lis own. But Congress
can never produce this effect, by directing the State
Legislatures in what manner they shall exercise their
power 1t mast act for ITSELF leave them 10 aci for
themselves. Suppose Congress should simply assert
the general principle, IN language similar 10 the ball
now before us shat bankrupt should petition for las
under any State law, without having first
obtained the written consent oi tw0lhirds oil hts
creditors i'll number and value and prescribe
penalty in case the State Legislatures should refuse 10
pass laws for the purpose Of carrying this principle into
violation of this enactment, should he hull and void
is there Senator this floor who would say HAT such
n mandatory act this Ia the State Legislatures
would he constitutional No, not one. And yet.
" hat is the difference between the winch have
put and til" bull now before ua should be glad II
any Senator would point IL out
Tie principle for which Senators contend would
make Of Congress, instead al being the declared
will Of an independent and separate Government,
constituent part of Stale le.slaton aud this too, III
opposition TO the will Of the State Legislatures. These
Irg latures must obey the command of their superior,
they must yield their Judgment and their conscience
10 our mandate and they must enact laws 10 give u
life and efficiency, whether they will or not II they
do not choose yield obedience, then tie act o Con-
rress becomes nnlI'y, and incapable Of execution
The wise and far seeing trainers o the Constitution
ne established such absurd and dangerous relations
between the two Governments. They never intended
that portion of the legislation over one entire sub
iect-such as that OF dividing the States INTO single
congressional dstrics-should be performed by Con.
press tsef md that the remainder should he exc
cutcd under its command, by the State Legislatures.
They never intended to f,er the free will Of members
of State Legislature, and compel them TO pass lava
which might violate their conscpnces Legislative
power necessarily implies legislative discretion; aud
il would be absurd # the Constitution gave you the
power of commanding those who, by the very law ot
their existence may either obey refuse, according 10
their sovereign will and pleasure. superior court
cannot issue mandate TO an inferior tribunal directing
what Judgment it shall give-and why because the
Judges Of the inferior court must exercise Their own
according their of law and justice.
This principle will apply with much greater force TO tue
relative position Of Congress and the State IegIsa-
lures. We cannot command the members of such n
body 10 give a vote which they honestly believe would
violate the Constitution which they have sworn tos sup
port end involve them in the gnilt OF perjury before
God aud their country. again freely admit that Con
rress may If they think proper regulate the manner OF
lectnr einbers Of Congress- but they must exercise
This power Ly virtue OF their laws operating upon
the pcople OF the several States and not by command
ing the State legislatures TO pass such laws. One
legislative body cannot delegate IT'S powers 10 another
much less can command that other how il shall act
Where legislative discretion exists, command is out
Df the question
The perpctuiiy of the General Government, and the
unipn and harmony Of the States depend upon the pre-
vaton of the general principle which runs through
lhe whole Consuton,-tha Federal and State pow
Frs should move and separate and distinct orbits.
This is sentally necessary 10 prevent dangerous col.
Ilsions between item Why, Sir, soentely distinct and
o. each other hes the Constitution made
the Two Governments, that the Supreme Court Of the
IT, $. have decided that Congress cannot confer upon
the courts of the States the power 10 try and punish
crime committed or 10 enforce penalty created, I'M
der any law Of Congress If we tlen, should exercise
The power conferred upon by the Constitution, and,
by our own independent authority, district the States
and compel Ike people 10 hold their elections under our
law,-we could not delegate 10 the State courts
the power Of trying and pun's!lng offenders against
its provisions Your law must be executed by the Fe-
eru and not by the State courts by your oicerj,
and not by State officers. And yet this bill is an al
tempt TO destroy, 10 PROSTATE, TO level in the DUST the
wise and the strong barr which have been establish
by the Constitution between Congress and The Stat.
legislatures 1t is an attempt TO blend the powers oil
the two in such must necessarily produce
COLLISION and confusion between them, aud 10 make
the State Legislatures subordinate 10 Congress It's,
N effect practical revival Of the doctrine OF those
high toned friends Of Federal powr. "ho in the consen'
,inn desired to SUBJECT Sa'e a~s 10 the supervision