Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-09-24
FEpERAL usURpAT1oNs.
SPEECH OF Mr.. JAS. A. seldom,

SPEECH OF Mr. g. A; A. Sodium
The House Rprsssntars 1assSay 1 49, eonssrng
Teras ard Neu Merco: ,.,o ro,,r,i,,ee If the
The House having resolved itself TITO Gomm t ..
Whole ON the state the Union, and taken up LOT
ra,ion the Civil and Diplomatic Appropriation On, o,,;
Mr.. seldom obtained the floor. Tie said: MI Ch an
man. propose TO examine Inc poson az ,,iors of ,hc
rcutiye in his recent message touching me en'os % m
United States and Texas wish to 40 SO ireey au iea'
essly; but a, the time, with cand"f ana WIN an pr
per respect to the Chief Magistrate OF ihe moi ,a
of the less important principles TO when shan mase go
sion 70 refer in the course my remarks cordially concur
and take pleasure in beiowng on them the eeole
OF my commentators. recognize, TOO, s'enlns sf -
conciaon and an urgency Tor the aIncao'e aos VI
this veyed controversy which, ms the dictate ou
moderation and patriotism, wonio DC woills VI o." pa -
Ru most the position OF menace assumed To-
anis Teys and the high assumption of power TO coerce
her are in fatal conflict with such "Vertures 10 harmony! anu
entirely counteract their healing tendencies. - -
There are certain principles OF the message, MI Cnd
man which regard utterly subvesive OF the true eia-
tons existing between this Government and the STATES
usrpave In behalf OF the Executive OF essential VI
his coordinate dpaments and in their proposed operation
on the citizen most oppressive and tyrnnncal should
fail of solemn duty myself and my constituents H. NOT
or,ot disinclnaton obtrude on The House al
this late period Of the session, did not endeayor 10 estao-
sh my opinions. r IT,
The message declares that the proposed action OF eSas
for the esabshment her jurisdiction over territory re-
cognized By her constitution as within her rehtui s'
will be regarded as combination for the obstruction o he
laws of the United States too powerful 10 oe
in ne maTshss and as SUCH will be suppressed by
the militia and BY the military and naval forces OF he Cnloh
under order of the Executive wish TO state inns posllon
of ,he messay e fairly; and time will not allow me 10
quote the passages which contain 1t, challenge dissent
from any friend the Administration present lhere II no
contradiction and the position is universally conceded
This position involves the direct assertion mat ms Govern
ment possesses power the people oi STATE c
ing under liz authority, and that such power Is vested III
and must be exercised by The Executive wholly deny
this power, belonging 10 any or all oil Inc aea ~
of this Government Whence is such power aei'ea'-
n.- tt bean r1ptnr ROD
we vet concede The existence OF Federal Constitution
a chart Of the powers pertaining TO TINS government
To it, must therefore OF necessity apIea anu ye' ~ AZ
tempting develop the principles on when rests, m
painfully conscious that any influence Is 10 be ex
erted the minds of the fixed majority here mao as wen
words the marble columns OF ms nan. % lapiu
have heen the encroachmenis Of this Government so over
urown in its aesty that any effort 10 question its auhor-
~. and test its assumptions by The Constitution IooAea
upon doyalty and csunion and IS mel ei'ner W
The couer-ke smile of desion the suty rebuHe oi con-
scious power fear il vain To expect IN an assem-
bly, of sneeng sEeptcs reverence To Inc aunoy VI I,o!
Writ hope for Difference 10 the Constitution rom nep
acting under lis sancots and sworn
10 main ain its PROVISIONS
By that instrument which should be- however il assured
~ sacred pcryersion and !n'rac'"n me powers
rtposed in this Government are conferred 10y sPee grants
and all 10 granted are EXPRESSLY reserved 10 IN"
States and the people. Where, them is the grant, cx
press implied o tn power 10 this Government 10 coerce
Suie challenge its production with confidence There
nonenone Whatever either ny refo byJuaia process
force. Nor was tins omission oy accident "r 'hhuVe
trnce tu The history OF the Convention shows by de"
sign There were in tina, body able and Influential
Jealous 10 granlof authority, and attempts We're
made and reiterated in variety OF forms and 1T different
stages OF Deliberations 10 have such power conferred but
without bret synopsis oil The various PROPOSE,
lions Tor this purpose quote from letter oi mat rcvefed
o the South john c. Calhoun, whose inappre-
,atle loss in This csis OF affairs Yet fills with mourning
lie hearts OF our people:
The first PROJECT OF a constitution submitted 10 the con-
renivn Governor Racduphs) embraced proposition 10
grant pGwer 10 negative oil laws contrary in the opinion
oi the National Legislature 10 The articles VI The lnon or
10 call lurh Tie force al the Union against any ior vi
failing fulfill his duty under tie articles there
oil, TIE project submitted Charles PinckneI's con-
'inea similar provision IL proposed THAT Tie Legislature
ui the United States should uve The power 10 revise the
laws vi the several States that may ae supposed 10 infringe
The powers exclusively delegated by this Constitution 10
Congress and negative and annu such do The next
submitted by Mr. Patterson OF New Jersey and pro-
vided III any State body any State shall OPP
the carrying into execution such acts or t.a-
ties of the lnion the Federal Executive shall be author
call forth the powers nj the Conec at,d States or
much thereof shall be- ~ enforce or c"el
obedience ~ such acts or observance ut such treaties
Gen ra Hainons succeeded which declared Iiliaws
OF the particular States contrary 10 tie Constitution or
lws vi the United States 10 be uitey v"d ana the better
IL prevent such laws being passed the Governor q" prsi-
OF each State shall BE- appointed by The General CO.
,ennent and have negative on Tie laws oil The state
"At subsequent period, proposition was moved and
referred 10 committee, ~ provide mat thc jurisdiction vi
The Supreme Court shall extend all controversies between
United States and any individual State. And at still
later period, II was moved TO grant power tu negative all
laws passed by the several States interfering, in the opn
ion The legislature with general harmony and interest OF
The Cnon provided that wo-hlrds VI the meoeIs of each
House assent to the same Which, after an Intellectual e
font commit, was withdrawn. These PROPOSE
lions were all moved and failed. Sufficient Ia
prove concusi, ely That the Convention hch framed ht
Constitution, was opposed 10 granting The power 10 the
General Govenm-n in any FORM through any ot lis depart
mens To- control State, though proposed IN
all conceivable NODES and sustained by the most talented
and influential members"
Further on in conrovetting the idea that such power
claimed By manyis conferred by the provisions vi the Com
stitunn adopted, Mr.. Calhoun adds
n have already stated that distinct proposition was
made confer this very power in controversy the SUI
preme Court which failed. This, oil ITSELF
ought override the assumption Of the power by construc
on unless sustained by the conclusive Arguments
But when is added that this proposition WAS moved 2O
August snbs quent the period of adopting the provisions
yesing the with its present powers. (5h Juy and
that effort made at still later period 22d August
invest Congress with negative all State laws the
against the powers would seem too conclusive IL
be overruled by construction"
This Mr. Chairman, should be conclusive. power not
granted bui denied surely not be justly claimed To ms
But the conclusion may he fortified by consi.
deraon Of the and organization OF our Federal and
State The governments in both ceruny possess
only delegated powers and are SUBJECT 10 express ita-
reservations As Justly said yesterday ov
able and discriminating friend from South Carolina, Mr.
WOODWARD our ancestors were irreconciby opposed 10
unlimited government in every fom whether lis arbitrary
powers eposed in monarch or body OF Representa-
,ives Our parent country boosted limited monarchy IN
deed but lis Parliament claimed 10 be supreme; and from
lis claim exercise such supremacy sprang our revolution
Where unlimited power lodged there, it was secn
eignty reside and with revolutionary sires was
fundamental principle that sovereignty nghilnly belong
ed the people alone Of every independent State Hence
the great cardinal conception Of American Institutions that
aw emanating from the gns, the people, should
reign paramount merely the citizens governed but
the themselves That such government
should be distinctly and organic law what elsewhere they
merely In the specuaons of philosophers the dreams
OF vsonarcs agencies trusts, created by express
grants, and with strict limitations of powers This grand
idea ruled in the formation alike of the Federal and State
vernments Limitations against the governments of both
kinds and for the preservation of the rights reserved to the
people Of the respective States provided by specific
grants Of power and by prohibitions Limitations against
the encroachmenls of each on the of the other
attempted BY the partition between them Of The attributes
generally conceded free governments in such
10 afford each, far practicable of sellpotecton
And finally limitations within the governments, whehe
State Federal sought by partition in The exercise
the powers granted EACH between its coordinate depart
ments-legsative, executive and Judicial. But OF wha
avail all these careful arrangements for the Limitation of h
agencies of thus created the rights
served to the prncpa-thc people in them resided
the ultimate power of revision correction and repea2 The
existence of limitations and reservations, not merely be
tween the State and Federal Governments and their depart
respectively but against them all in favor OF the
Pile Of the respective States, IMPLIES of necessity superior
over hem with power TO regulate and enforce Else sucf
limitations and reservations would be unacceptable of pre-