Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-05-24

The doctrines of the State-rights party were put
forth, am afraid, by men who were themselves in
imica in the first instance to the Constitution and,
failing in their attempt to prevent its ratification,
afterwards endeavored 10 give such construction
to Its clauses as totally to defeat the very object of
its formation.
Let us now regard for moment what opinions
upon this subject two most distinguished foreigners
have formed-men who have made politics and his
tory the study Of their lives. You will excuse me
for extending the limit Of my quotations, since
am anxious to concentrate all the light possibly
can upon this question.
Lord BRoUGHAM, in ch. xxx. Sd volume of his
Political Philosophy, in speaking of the American
Government, says that il is no refinement IN poll
TICS the formation Of Federal Union, but the main
enance of all its different members in the enjoy
ment of their rights, and the preservation of the
federation constitute the greatest refinement in So
cial policy 10 which any age has ever given bis'h
It is the institution Of the Supreme Court which, IN
his opinion, separates our Government from any
other that has ever yet been established: !" Thus
Y law, solemn act by the supreme legislative
power in one State, or by Congress itself-a
statute clothed with all the legal solemnities-a
law, for example, to which the two houses of Con-
gress and the President of the Union have given
their distinct assent, is declared illegal, is pro-
nounced to be no law, is treated as mere nullly,
because contrary to the constitution and this is
done by Judges appointed to execute the law, aad
to administer justice under it. In England, or IN
France, the courts have no power to declare law
unconstitutional; it is only in this country they
possess that right, invested in them by the corst-
tuition ITSELF"
De TocouEvLLE, in his first volume upon De-
mocracy in America, in speaking of the Supreme
Court looks upon it as the sheet anchor OF our
Union. He says " In the hands Of the seven
federal Judges continually repose the peace, the
prosperity the existence even OF the Union. With
out them the constitution is dead work. The
Executive power appeals to them to resist the en-
croachments of the legislative body; the Legislative
to defend itself from the attack of the Executive
| power the Union to require the obedience Oft
States the States to repel the exaggerated preen-
sions of the Union: public interest against private,
the spirit of conservatism against democratic insta-
: bility."
| will conclude. then, this part with few
more remarks. The mere fact of controversy
springng up between the Legislative and Executive
branches of the Nation and the State Governments
in reference to the exercise of power, affects not
in one jot the reality of the power Of the Supreme
Court to decide whether law be constitutional,
and in every such decision it must indirectly affirm
the inference of the power in the General Gov
ernment its reservation to the States AS, there
fore, Congress cannot negative an act OF the State
Legislature, SO neither, on the other hand, can
Estate negative an act Of Congress; and thus, in my
humble opinion, nullihcation falls TO the ground.
4 Herein consisted the wisdom Of the Convention.
! They wished y sssid %he possibiiisy Of direct
controversy between the General Horernmant and
State, by bringing into existence power which
should surely but without eclat arrest the encroach-
ments of either party upon the constitution.
/ Having thus endeavored TO show that no State
has the moral right of constituting the Consti-
tuition according to its WILL but is bound faithfully
to carry out its objec-in other words, that moral
obligation and will are not convertible terms-l
shall now proceed show in few words, that the
composition of the Supreme Court is not of such a
character to warrant the assertion that il is but in
terested part in all the assumptions and encroach-
ments of the legislative and executive powers upon
the rights of the States. If the Legislative, executive,
and judicial powers of the Government were united
in body, as they were under the articles of con-
federation, the remark would appear to be just (;
but under the present Constitution, they are inde-
pendent of each other. The Judiciary are appoint
ed by the Executive, by and with the advice Of the
Senate butafer their appointment all external power
and influence over them are removed. Their sala-
res are not to be changed during their continuance
in Office. They retain their Office during good be-
havior, which, in fact, amounts to an appointment
for life This constitutes the most permanent fea-
ture Of our system While all other officers, both le-
gisatve and executive are being perpetualy chang
ed, they remain as body the same, new ap-
pointments being made only in case OF designations
and vacancies by death.
Hitherto the Supreme Court has been composed
of the wisest and most learned men Of the nation.
The Constitution has so provided that they can
not have any other interest than the maintenance
of the Constitution in all its integrity 1t is true,
they possess no political power-that is, no pow
er of making aws-nor can they travel beyond
their case, and speculate upon the constitutional
ty of the laws before parties are brought into COURT
but because all unconstitutional laws have tenden-
cy to aggrieve some portion of the community, it
can rarely happen that they will escape the juris-
dicton Of the court. think, them that the Supreme
Court constitutes the very Christian element of the
Government for all will agree that it is much bet
that The controversy of opinions should be settled
by the decision of the sages of the law than by an
appeal to arms. But if Notification be an un-
tenabe doctrine still more so is that Of Secession
which is, as understand it, and as explained by
its advocates, the constitutional right of State,
when il feels itself aggrieved to retire from the Con-
federacy. would ask the strict constructlonist if
he can find any clause in the Constitution provid-
ing for act Of political suicide 1t points out the
mode in which it may be amended; does il also in
dcate the mode of its destruction! Mr. CALHOUN,
in his construction Of the Constitution, relies with
great confidence upon the authority of Mr.. JEFFER-
SON. No one could be more solicitous than he was
| In ba rtr &c H.