The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, 1851-05-21

standing him TO mean by the right of State inter
position revolutionary right, the doctrine wa'
admissible but not otherwise. And Mr.. WEE
sTER went on to maintain that the federal GOV
ernment or in some cases single department
of it, was the sole and final judge of its owr
powers, and that when the constitutionality o
law was called in question, the Sapreme Cour
was the last resort to decide. To show how
much mistaken he was in the argument and how
much both he and Mr.. RIvEs misunderstood Mr.
MADISON, we now quote from Mr.. MADlsoS's re-
port to the legislature Of Virginia in 1900, in de
fence of his resolutions Of 1898, and in reply to
hostile responses of the legislatures of other
States MIR. MADISON declares he had considered
their positions maturely, and carefully reconsid.
cred his own, and we beg to fix the attention Of
the Republicans of this country, and particularly
of its young men, to those words which declare
the principles on which this Union is based, and
without which it is only hydra.headed despot-
ism.
g II appears to your committee TO be plain
principle, founded in common sense illustrated by
common practice, and essential 10 the nature q
compacis, that ,ohere resort can be had 10 no tri-
bunat superior 10 the authority Of The parties, The
parties themselves must be the .ighym Judges, IN
the last resort tchefher The bargain made has been
pursued or Violated The Constitution of the
United States was formed by the sanction of the
States, giren by each in us sovereign capa.ity
1t adds to the stability and dignity, as well as to
81 Ia 20 hat
on this legitimate and solid foundation. The
States then, being the parties to the constitu-
tional compact, and in their sovereign capacity,
il tollops Of necessity tha there be no tribunal
ADORE their authority to decide in the last resort,
whether the compact made by them be violated I;
and consequently as the parties to it, they must
themselves decide in The last resort, such questions
as may be of sufficient magnitude to require their
interposition.
to be regarded as the sole expositor of the Con-
stitution in the last resort; and it may be asked
for what reason the declaration by the general
could be required at the present day, and in so
solemn manner.
On this objection, it might be observed, first,
which the forms of me Constitution would
never draw within the control Of the judicial
department. secondly, that if the decision of The
judiciary he raised above the authority of the
several parties to the Constitution, he decisions
Of The other departments not carried by The forms
Of The Constitution before The Judiciary, must be
eqnalIr authoritative and final Nth The decisions
Of that department. But the proper answer to
the objection is, that the resolution of the ge-
neral assembly relates TO those great and ex-
traorinary cases, in rhich al! the forms of the
Constitutions may prone Intellectual against in
fractions, dangerous 10 the essential rights of
the parties 10 IT, The resolution supposes that
dangerous powers not delegated, may not only
be usurped and executed by the other depart
uents but thai the judicial department also ~
exercise or sanction dangerous potoers beyond he
grant OF The Constitution; and, consequently,
that the Ultimate right Of the parties TO the
Constitution, to Judge whether the compact has
been dangerously violated. must extend to vio-
lstions bg one delegated authority. as pell as an
o,her-by the judiciary, as ren as by the srecu-
lire, or lhe legislature"
Here il will be seen that DIR. MADISON asserts
the right Of the States not merely TO decide, but
to decide in The last resort in controversy
with the general government, and thus brushes
the construction of NJ. RvEs and other resolu
fionary politicians. Mr.. WEBSTER goes for Mr.
MADISON V better than Mr. RIvEs ard con.
strnes the right ~ n revolutionary one. But Mr.
MADISON brushes Nr. WEBSTER with equal pom
derosity, by asserting the right TO decide in the
last resort as resulting not only from the compact
,rhich forms orr Union but from Ill conpqcfs
And the pretended right Of revolution-which
by the way we have repeatedly shown 10 be Q
mere fog bank Of retreat for s,phists--isa right
which rests on no compact but on the law Of ma
ture, and belongs rs much TO a Russian serf, who
knows no compact, as to a sovereign American
State
The Congress Of 1928 met, with an over
whelming majority in favor Of reducing South
| Carolina 10 submission. General Jackson came
out with a proclamation, which LIvITcsTos
penned and WEBSTER approved, that ignored
the very existence Of State rights and proclaim
ed the absolute supremacy Of federal power
Treason was the crime and hanging the punish
| UeDt' pltscIlOeu Ol OOtn tle RTuOu nhtlOOhl pdI
ties for the illustious men Of that State. DIR
CALHOUN was detained at home for perhaps
fortnight, by what wns expected to be the death
bed Of his wife, ard it was reported here Il
Pennsylvania avenue that he dared not come
Wien this word reached him he chme right on
without waiting to perform what he expected
would soon be the last sad duties to her re
mains. lie came and entered the Senate an,
reason and liberty ard wisdom and patriotism
attended. He spoke, and tbo light Of his intel
lect radiatcd through the senate aud the coun
try. III. had 10 contend against the pride o
power, the pride Of opinion, against popula
prejudice, against sectional cupidity But b
prevailed. The proclamation was partly re
tracted the odious tariff was repealed--and III
Union and the Constitution were saved. An
the opposition which South Carolina thus mad
at the peril Of her existence to the tariff, ba
now been ratified by an overwhelming major
" Of the people. The principle of protectio