The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-29

act of the people of a State, in their sovereign ca
pacity, even when engaged In their most solemn
duty, that OF framing their fundamental law Is Ut,
tcrly null and void when in collision with laws oil
, the United States made in pursuance of the Const-
tuition The Constitution makes such State acts
void. The gentleman from Virginia attributes to
them such efficacy To paralyze this Government.
His argument is not founded on defect OF power
in this OF that branch of the Government but in all
the branches combined. The Constitution makes
the acts of "A State null and void when contrary 10
| the laws of the United States, made in pursuance
| of the Constitution The gentleman from Virginia
makes the laws of the United States null and void
| when contrary TO the act ola State The Constitu-
ton vests the Judicial power in the courts OF the
United States, and declares that the Judges in every
State shall be bound by the Constitution, and laws
of the United States made in pursuance thereof,
% any thing in the constitution laws OF any State
! to the contrary notwithstanding" The gentleman
from Virginia vests the judicial power III the Leg
islature State conventions Of the several States,
and declares that the judges ought to be bound
thereby, Notwithstanding any thing to the contrary
in the Constitution or laws of the United States.
| Instead of the State law falling before the Consti-
| tuition of the United States, il Is the Constitution
that falls before the State law. And there are
thirty OF these arbiters, each judging in the last re-
| sort So that an act of Congress may be valid in
one State, void in another, and partly valid and
| partly void in third. And all these clashing de-
cisions the courts of the United States are bound to
obey
do not know that il is possible to render the fall
lacy OF the gentleman's position more obvious than
by its bare statement. | will, however, suppose a
i case will suppose that an individual has been
indicted for resisting the execution of law of the
United States, whether for treason or for some in
ierior offence, and, if he please, the gentleman
from Virginia may be his counsel Now, if the
gentleman, as counsel, should set up that the act
of Congress resisted Unconstitutional
act, that, admit, would be good defence. But
suppose he should say, II do not submit to the
court the question whether this law be unconstitu-
tional or otherwise The defence is, that the act
for which the prisoner is indicted was done under
the authority Of the State of Virginia and that she
has Judged the law resisted 10 be null and void.
| plead in bar, the judgment OF a court of para
| mount jurisdiction You. as judge, have no BUSH
ness to look into the Constitution Virginia has
| decided"
MIR. SEppoS. The gentleman will add that the
action OF the State was by the people in their SOW
ereign capacity, represented in State convention
Mr. DuER. Very we'll. The form is wholly inn
material. Let 1t be an act of the people i'll their
sovereign capacity, incorporated, if you please,
| into their State constitution. What would the
| judge say? "Why, sir, am here to interpret
the law, and believe this act OF Congress to be in
| pursuance OF the Constitution read in the Con-
| stitution OF the United States, which have sworn
! to support, that am TO be bound by such an act
| Notwithstanding any thing TO the contrary in the
| constitution or laws of State. But you would
| make the State law supreme. Has Virginia also
annulled the oath that have taken to support the
Constitution OF the United States''
Mr.. Seldom. That very clause III the Constitu-
ton on which you rest TO make 1t supreme the
State constitutions and laws what is il but grant
deriving its whole validity and obligation the
citizens OF each State from its adoption by the peo
| pie of that State in convention assembled: And
has not the same sovereign the right to modify or
abrogate il
Mr.. DuER. The revolutionary power. If south
| ern gentlemen come to that, agree with them. |
never would surrender for myself, or for the State
OF which am citizen, the right of resistance TO
| tyrannlcal laws But in such case would aban-
don sophisms and lay technicalities aside. would
not seek to undermine the Constitution but to over
| thr,an 1 al, IL,
| against their opprcssors as uheir fathers rose.
Mr.. Seldom. And go would /, if it were a case
! OF oppression under the Constitution. That is a
right of individuals and not merely ofstates; but if
| the gentleman viii pardon me, the right which
claim is a State night, the right of an aggregate
! political community, not the right Of revolution.
| Mr.. DuER. Yes, | understand; think that |
have correctly stated the position OF the gentleman
and have endeavored TO answer II out of the Con
stitution itself that n enough 50 long the Con-
sttution remains the supreme law of the land. But
do not propose to pursue this subject further.
| do not hope TO recommend my opinions the favor
! OF the gentleman, and he can never make Inc a
convert TO his. fear am of that majority to
whom the gentleman alluded rather disdainfuly in
his opening remarks, and upon whom he seemed
10 think that any thing like sound constitutional
argument would be thrown away. But assure
the gentleman, with entire respect, that views
which and others may entertain upon this sub
Ject can appear more preposterous TO him than hi.
To US. And thought the gentleman might have
avoided this departure from his usual courtesy,
sidering that those who differ from him ON this sub
Jet are equally honest IN their opinions and how
ever inferior IN capacity, have weight Of author
ity in their favor, well the uniform practice Of
the Government in all its departments.
These Virginia doctrincs-I respect Virgil
mia. She has given birth TO men whose fame ia
throughout the world, and who have stamped the
impress Of their minds upon the government Of a
nation which, II our madness folly do not de-
strOy It, will IN another generation be the great
upon earth. Such men were Washington, and Mar.
shall, and Madison. But Virginia has produced
other men, whose reputation Tor the most part ID
merely provincial, and who have left no monu.
ments OF their greatness, but who have neyerthe-
less, TO no uncomfortable extent, affected public
, opinion in Virginia, and, through Virginia, IN
other southern States; men acute and ingenious
but logicians, ] might say grammarians, rather
than statesmcn. 1hese are the fathers Of the doc
trnes Of secession, SESSION. of notification, OF
State Interpolation, or State veto, and know not
how many theories besides, or how many technical
terms TO describe them. But know If those doc
trnes should prevail that there would be moth.
ing more worthless or contemplate than what is
called the Constitution Of the United States. The
Union could not last year, and would not deserve
70 last day. Once adopt the theory, which il the
theory Of the Constitution, and which ! will state
in the words Of the Constitution ITSELF that the 10.
dicial power (the power, that is, Of judging Of de-
| termning what the law is) is vested in one Su-
preme Court and such inferior courts as Congress
may establish, and that this power extends to all
cases arising under the Constitution and la Rs and
/ treaties Of the United States-and every thing il
Reject II, and all il chaos.
The gentleman from Virginia has argued in sup
port Of his views with that ability which character
zcs all his efforts But after all IL IL but the old
doctrine Of notification, with IL s true some addi-
tons. The nulhhers Of 1892, If remember cor
rocty contcndcd for the right Of State intcrposton
only IN the case Of "gross palpablc, aud danger
Gus violations Of the Constitution. The gentle
man from Virginia abandons these qualifications.
and makes notification not an extraordinary act,
but part Of the ordinary systcm Of government.
come now 10 notice some remarks Of tho gen
tlcman from Georgia, who fret addressed the com
mittce, (Mr. sTEPHENs.) That gentleman j. re-
ported Ia have said that the President has no power
70 employ military force, except IN the case Of re-
sistance 10 the execution Of judicial proccss Now,
know not how better 20 answer this than by read
ing from the act itself TIE act Of 1926 authorizes
tie President to employ the militia, (and the act OF
1917 extends this power ~ the army aud navy }
"Nhencycr the laws Of the United su-es shall be
opposed, or tho execution thereof Obstructcd IN
any State" land BY The act Of isO7 ia any terri.
tory) "by combinations TOO powerful to be sup
presscd by the ordinary Of Judicial proceed.
ings, or BY the powers vcsted In the msfsbas by
this act
The power IL general u y not said, when the
execution Of prOcess - Obstr1ctsd, bot when the
/, erutOu Of the laws of-frtlgted 4,