Southern standard. [volume] (Columbus, Miss.) 1851-1856, 1851-12-27

became the most active, devoted ana tliIcieht au-
yocate of the constitution upon which they had
agreed Yielding neutrality-suspicious. in eve
nv mind more or less by the collision of debate
in deliberative assemblies-he fixed his patriot
heart upon the single purpose of preserving, from
civil commotion, by the power OF his great intel
Iect that liberty, which sword in hand he had SO
aidedin Wrestling from tyrants grasp
The mean spirit, which now assails his reputation
in the grave can never know the yirtuous impul-
ses which led him, with heart and mind, not only
to abandon his own theories of government, but
to embrace and advocate with power unequalled
by its best friends the theory which majority Of
the convention had adopted in opposition to his
own political views. With spirit of tolerance,
which an honest patriot alone can feel, but with
fears for the success of the new experiment, he
nobly determined, for the good of his race, that
it should have fair trial. If the same spirit
could be aroused in the nation to-day, which ever
marked his career, the voice his numbers speak IN
the work from which we are about to quote, would
forever silence the unfounded pretenson, set
up for the Federal Judiciary, by the enemies of the
rights of the States.
In discussing this very subject, who is to Judge
in the last resort of questions of political power
arising between the two agencies-the State and
National Governments-Mr Hamilton in the SD
number of the Federalist, page 1876, says:
q But it may be again asked, who is to Judge
of the necessity and Propriety of the laws to be
passed for executing the powers of the union l
answer first, that this question arises well and
as fully upon the simple grant of those powers as
upon the declaratory clause: and [ answer, in the
second place, that the national government, like
every other, must judge, in the first instance, of
the proper exercise of its powers; and its constt-
uents in the last If the federal government should
overpass the Just bounds of its authority, and make
tyrannical use of its powers; the people, whose
creature it is, must appeal to the standard they
have formed aud take such measures to redress
the injury done to the constitution, as the exgen-
cy may suggest and prudence justify. The pro-
prety of law, in constitutional light, must al
ways be determined by the nature of the powers
upon which it is founded. Suppose, by some
forced construction of its authority (Which indeed
cannot easily be imagined) the federal Legislature
should attempt to vary the law of descent in any
state would it not be evident, that in making
such an attempt, it had exceeded its jurisdiction
and infringed upon that of the state +? Suppose
again, that upon the pretence of an interference
with its revenues it should undertake to abrogatt
a land tax imposed by the authority of state
would it not be equally evident, that this al
invasion of that concurrent jurisdiction In respec
to this species of tax which the constitution plain
ly supposes to exist in the state governments?
there ever should be doubt on this head, tn
credit of it viii be entirely due to those reasoners
who in the imprudent zeal of their animosity t.
; the plan of the convention, have laboured to en-
, velope it in a cloud, calculated to obscure til
!, plainest and simplest truths
), But it is said, that the laws of the union are t
be the supreme lac of the land. What inferenc
can be drawn from this, or what would they amour
to, if they were not to b. supreme 1t is eyiden
they would amount to nothing A Law, by tn
very meaning of the term, includes supremacy
. 1t is rule, which those to whom it is prescribe
are bound to observe. This results from every pc
litcal association. If individuals enter into stat
of society, the laws of that society. must be tn
supreme regulator of their conduct. If numbe
of political societies enter into larger political SC
ciety, the laws which the latter may enact pursu
to the powers intrusted to it by its constitution
must necessarily be supreme over those societies
and the individuals of whom they are composed
: 1t would otherwise be mere treaty, depender
n on the good faith of the parties, and not a gov
b eminent; which is only another word for PoLITl
G CAL POWER AND SUPREMACY. But it will not fol
low from this doctrine, that acts of the larger sc
ciety, which are not pursuant to its constitution;
. powers, but which are invasons of the residuar
authorities of the smaller societies, will becom
the supreme law of the land. These will be mere
ly acts of usurpaton, and will deserve to be treate
: as such. Hence we perceive, that the clause whic
i declares the supremacy of the laws of the unio1
g like the one we have just before considered onl
declares truth, which flows Immediately and nee
ess6rily from the institution of federal govern
ment 1t will not, presume, have escaped OF
servation that it expressly confines this supreme
cy to laws made pursuant 10 the constitution
which | mention merely as an instance of cauto
in the convention since that limitation woul
: have been to be understood, though it had nj
e been expressed"
The CONSTITUENTS of the government al
then, the judges in the last resort. Was the Gov
: eminent of the United States CONSTITUTED by th
i several States-by the separate authority of tn
i people of each State as forming so many inde
3 pendent States, was it constituted by the peopl
! of the United States forming one aggregate ma
I ton. In other words, was the act establishing tn
constitution National or a Federal act If tn
former, then the States have no powers reserved
if the latter, then the people of the respectiv
! States being the constituents of the Governmer
retained all powers not delegated to it or denied
/ themselves. This position is made manifest b
Mr.. Madison in the seth number of the Federal
list, commencing on page 238, and 900. See ais
page 241.
! GO On examining the first relation it appears, O
the one hand, that the constitution is to be ounde
on the assent and ratification of the people c