Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1844-02-17

until ii sees positive occasion To exert
them. 80, a for1iori. il may use them only 10
the extent which the actual OcC aston de:
mands. This plain principle is enough to
settle the whole question.
If it were generally true that Congress
must, in those things tn which il is compe-
tent. exhaust its legislative right at one
or incur voidance of all laws stopping
short of that, it is still clear that this rule
would not apply TO subjects where it is in
vested with discretionary or supervisory
or corrective right. But there is no such
rule at all: witness our statute books. large.
ly made up. on most subjects. of repeated
acts of legislation to supply something hot
effected by previous legislation. All acts
for raising a revenue, since the first, are
necessarily Of this character. Or. 10 take
particular instances: Congress is empow.
cred to "organize. arm and discipline the
militia; but il has done but one Of the three
(Tmlng) and that most impertecty. Now.
is all that il has done void, on this score?
So Of Qualifications. the army, the navy,
and many other things, where but small
part has been done even Of what occasion
and the power of Congress might warrant.
Is all this void and abrugaied from the be-
ginning?
The refutaton Of the arguments against
the binding authority of the act of Con.
gress might be made much more complete,
had we time to pursue it. Enough has
been said to satisfy on that head every one
who acknow lodges the Constitution Of the
United States to be 1.-THE supreme law Of
the land"
With regard to the authority of the
Constitution and Laws enacted in pursu-
ance Of it. certainly a State may refuse
to perform the part allotted to 1t in the
General Government. The States may
refuse to elect Senator'S as in particular
instances they have done: they may refuse
to district the States for the election of
representa- YES to Congress, or TO send the
number of representatives. TO which they
are legally entitled; both of which cases
now exist. They may d. all this as they
may do any other wanton mischief. But.
suppose that to the FIVE States failing to
send lawfully elected representatives. to
| Congress, nine more Oncluding one or two
large States) should unite themselves; or
suppose that. instead of the five States OF
Maryland. Georgia, Missouri. Mississippi.
and New Hampshire, the six States of
New York. Pennsylvania, Virginia, Ten.
nessee. Ohio and Alabama should have re-
fused To execute the law providing for the
election Of representatives 10 Congress; in
either of these cases, what would have
been the consequence? The Government
would have been al an end. The r0vou-
tlon would have been complete. The ne
cessary tendency of such dereliction of
duty on the part of the States is to weaken
the guards against so terrible a cataslro.
phe, by accustnmng the people 10 regard
, these cases of dislovaty to the Union by
the States as no more harmful than Other
; party expedien,s. and ustifable by thei
momenlarv success. How lamen> able III,
delusion! How dangerous the error!
But to return to the Protest against tht
admission of the members from the rPCu
= SAINT States. This course of protesting
against the rights Of those members t.
seats was the only one left to the minority
on finding themselves overpowered b,
= numbers. In case somewhat resemblin!
this, occurring at the seat Of one Of tn,
. State Governments, some five years ago
we have seen force resoried to, the Legs
: Iative bodies driven out of their Halls, ant
lt)T seNtIdl lays llc III u Cbll
e :, dition of helpless anarchy and confusion
E But the true friends Of the Constitution
y stunning a course 50 disreputabie 10 Re
- publican government, will exhaust ever,
peaceful expedient. rather than resort Il
. violent or revolutionary measures. such a
= only extreme oppression can warrant Re
= ;, dress Of wrongs such as this, may be sateI
J left to the force Of public opinion, NOR
= y formidable to political transgressors tha
y either the budgeon or the bayonet