Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-09-07

Judges
constitution laws Of any State the contrary nowhstand
ing Thus appears that not only ordinary act Of
State Legislature but ha the act Of the people OF STATE IN
their sovereign capacity when engaged In their most
solemn duty that Of framing their fundamental aw 10 utterly
null and void when in collision with laws Of the United
States made in pursuance of the constitution. The constu
ten makes such State acts void The gentleman from Viz
gna attributes to them such eacy psrayze this Gov
ernnent His argument Is founded defect OF power
in this that branch Of the Government but Ia oil the
branches combined. The constitution makes the acts Of
State null and void when contrary to the laws OF the
United States made in pursuance Of the constitution The
gentleman from Virginia makes the laws Of the United
6stes null and void when contrary the act Of State.
The constitution the judicial power In the courts
of the United State and declares that the judges in every
State shall be bound by the consution, and laws Of the
United States made in pursuance thereof any thing in the
constitution laws Of any State to the contrary nowh-
standing" The gentleman from Virginia the Judicial
power in the Legislatures State conventions Of the several
ass and declares hat the judges ought 70 BE- bound sA.se-
by, notwithstanding any thing the contrary in the constu
ton laws Of the United States Instead Of the ase law
falling before the constitution Of the United States is the
constitution that falls before the State law And there
thirty Of these sbite each Judging in the last resort So
that of Congress may be valid in State void In
other and partly valid and partly void in third And all
these casng decisions the courts Of the United States are
bound to obey T a
do not know that il is possible to render the aacy Of the
geneman position obvious than by its bare
will, however, suppose will suppose that indi
vdual has been indicted for resisting the execution of law Of
the United Sses whether for for inferior
offence, and if be please, the gentleman from Virginia may
be his counsel Now if the gentleman COUNSEL should
up that the act of Congress resisted unconstu
ional act that, admit would be good defence. But sup
pose he should say, 81 do not submit to the court the
ton whether this law be unconstitutional otherwise. The
defence is that the for which the prisoner is indicted
done under the authority the State of Virginia, and that
she has adudged the law resisted to be null and void plead
in bar the judgment of court Of paramount Jurisdiction
You Judge have business to look into the constitution
haad ~ido1f
Mr.. seldom. The gentleman will add that the action
Of the State by the people in their sovereign capacity,
presented in State convention
Mr.. DUER. Very well. The form is wholly inmate
s Let it be act Of the people in their sovereign capa
city, incorporated, you please into their State constitution
What would the Judge say "Why, sir, am here inter-
pref the law, and believe this of Congress be in pur
Of the constitution. read in the constitution of the
United States which have support, that am to be
bound by such act notwithstanding any thing to the
ary In the constitution laws of State. But you would
make the State law supreme Has Virginia also annuled the
oath that have taken to support the constitution Of the United
States ~
Mr. seldom. That very clause in the constitution on
which you make supreme the State constitutions
and laws what is it but grant, deriving its whole validity
and obligation the citizens of each State from its adoption
the people Of that State in convention assembled And
has not the sovereign the right to modify abro-
gate it
Mr.. DUER. The revolutionary power. If Southern gen.
teman to that agree with them. never would sur
the right Of resistance to yannca laws But in such case
would abandon sophisms and lay technicaies aside
would seek undermine the constitution but overthrow
would call upon the people rise against their oppres
Mr.. Seldom. And 10 would l. if it were case of op-
precision under the constitution That right of ndvdu
ais and merely Of States but if the gentleman will par
don me the right which claim is State right the right Of
aggregate political community, not the right Of revolution
| Mr.. DUER, Yes; I understand I think that have
correctly stated the position Of the gentleman, and have
deavorcd to Of the constitution itself that
enough, long the constitution remains the supreme law
Of the land But do not propose to pursue this subject
further do not hope to recommend opinions to the favor
of the gentleman, and be make convert to his
fear Of that majority whom the gentleman al
luded rather disdany in his opening remarks and upon
whom he seemed to think that any thing like sound const
tuiona argument would be thrown away But assure the
gentleman, with entire respect that views which and
others may entertain upon this subject appear pre-
posterous TO him than his And thought the gentle
might have avoided this departure from his usual coure
sy, considering that those who differ from him this subject
equally honest in their opinions, and, however inferior in
capacity have weight Of authority in their favor, well
the uniform practice of the Government in all hsdepartmen
These Virginia doctrines. respect Virginia She has
given birth to whose fame is throughout the world and
who have stamped the impress of their minds upon the
ernment of nation, which, if madness folly do
destroy 1t, will in another generation be the greatest upon
earth. Such Washington and Marshall and Mad
But Virginia has produced other men, whose reputa
ton for the most part ID merely provincial and who have left
their greatness but who have nevertheless
to no uncomfortable extent affected public opinion in Vir
gina and. through Virginia, in other Southern States; men
acute and Ingenious but logicians, might say grammaans
rather than statesmen These the fathers Of the doctrines
Of secession scson, Of notification Of State nterpos
ton, or State veto, and know not how many theories be-
Sides or BY how many technical terms describe them But
know If those doctrines should prevail that there would
be nothing worthless contemplate than what called
the constitution Of the United States The Union could
last year. and would deserve tolas day. Once adopt
the theory which the theory Of the constitution, and which
will state in the words Of the constitution ITSELF that the judi
cal power (he power, that is of judging, Of determining
what the law D 10 vested in Supreme Court and such
inferior courts Congress may establish and that this power
extends to all arising under the constitution and laws
and treaties Of the United Sates-and every thing clear
we have beautiful and harmonious system Reject it, and
all is chaos.
The gentleman from Virginia has argued in support Of his
views with that ability which characterizes all his efforts But
after ALL is but the old doctrine Of nulfcation with, it
true, additions. The nullers Of 1882, remember
correctly conlended for the right OF State inerposon only
in the of gos papabe and dangerous violations Of
the constitution. The gentleman from Virginia abandons
these qualifications and makes notification extraodi
nary act but part Of the ordinary system Of government
come notice remarks of the gentleman from
Georgia. who first addressed the committee, Mr. STrrHEss
That gentleman reported TO have said that the President
has no power employ military force except in the
of resistance to the execution Of judicial process Now,
act ITSELF The act Of 1895 authorizes the President to
ploy the militia (and the act Of 1907 extends this power to
the army and navy) "Whenever the laws Of the United
States shall be opposed the execution thereof obstructed
in any State land by the act Of 1907 in any territory,
" by combinations powerful to be suppressed by the ord
nary of judicial proceedings BY the powers vested
lin the marshals BY this act"
4. t.~.I vbo fhoa