The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, 1852-02-17
speech Of HON. !. .. MsRas Of Mlssissippi
ON THE ooArRoMIsE MEASURES.
lContinusd from third page.l

ON THE c0MfRoMIsE MEASURES.
Confined from third page.)
The authorities which shall use in support
of my positions are Jefferson, Madison, Philip
p. Barbour, Edward Livingston, Nathaniel Ma
con, John Randolph, and Mr. Tazewell
First Kentucky Resolution Of '98, drawn by
Mr.. Jefferson;
That the several States composing the Uni
ted States of America are not united on the
principle of unlimited submission to their gene
raj government; but that, by compact, under
the style and title of Constitution Tor the
United States, and of amendments thereto, they
constituted a general government for special
purposes, delegated to that government certain
definite powers, reserving, each State to itself,
residuary mass of right to their own self gov
ernment and that whensoever the general
government assumes undelegated powers, its
acts are unauthoritative, void, and of no force,
that to this compact each State acceded AS
State, and as an integral party; that this gov
ernment created by this compact, was not made
the exclusive or final Judge of the extent of the
powers delegated to itself; since that would
have made its discretion, and not the Censtitu.
ton, the measure of its powers; but that, as in
all other cases ofcompact, among parties having
no common judge EACH PARTY HAS AN EQUAL
RIGHT TO JUDGE FOR ITSELF, AS WELL OF IN
FRACTIONS AS OF THE MODE AND MEASURE OF
REDRESS"
Third Virginia Resolution Of '9s drawn by
Mr. Madison:
"That this assembly doth explicitly and per-
emptorily declare, that it views the powers Of
the general government rs resulting from the
compact to which the States are parties, as lin
tied by the plain sense and intention of the in
strument constituting that compact, as no fur
ther valid than they are authorized by the grants
enumerated in that compact; and that in case
Of a deliberate, palpable, and dangerous exer.
else of their powers not granted by the said com
pact, the States which are parties thereto, have
the right and are in duty bound to interpose for
arresting the progress of the evil, and for main
tanning, within their respective limits, the au.
thorties, rights, and liberties appersiuirg to
them"
Extracts from Mr.. Madison's Report" on the
above resolution:
1t appears to your committee to be plain
principle, founded in common sense, illustrated
by common practice, and essential to The nature
of compassionate where resort can be had to
no tribunal superior to the authority Of the par
ties, the parties themselves must be the right
full judges, in the last resort, whether the bar.
gain made has been pursued or violated. The
Constitution of the United States was formed
by the sanction Of the States, given by each in
its sovereign capacity. II adds to the stability
and dignity, rs well as to the authority Of the
Constitution that il rests on this legitimate and
solid foundation. The States, then, being the
parties to the constitutional compact, and in
their sovereign capacity. il follows Of necessity
that there can be no tribunal above cir author
lily, to decide, in the last resort, whether the
compact made by them be violated and, conse-
quently, that, as the parties TO il, they must
themselves decide, in the last resort, such ques
tons as may be Of sufficient magnitude TO re.
quire their interposition."
If the deliberate exercise OF dangerous
powers, palpably withheld by the Constitution
could not justify the parties 10 il in nterposing
even so far as TO arrest the progress OF the evil
and thereby TO preserve the CONSTITUTE itself
rs well as to provide for the safety oil 'e par.
ties to il, there would be an end 10 . RELIEF
from usurped power, and a direct sutversion OF
the rights specified or recognized under all the
State constitutions. as well as plain denial o.
the fundamental principle on which our indie
pendence itself was decla,ed."
Again, in the same report" Dir. Madison
speaking of the exercise BY Con -Tess Of politica
powers, in cases over which n Supreme Cour
could not take jurisdiction, says
However true, therefore, il may be that tn
judicial department is, in all questions sui
mitted TO il by the forms Of the Constitution, 1
decide in the last resort, this resort must nece.
sarily be deemed the last in relation 10 the al
thorties Of the other departments of the govern
ment; not in relation TO the rights Of the partie
TO the constitutional compact, from which III
judicial as well as the other departments hol
their delegated trusts. On any other hypothesi
the delegation Of judicial power would amt
Al "a. Il Al.
Of this department with the others in usurpe
powers, might snbvert forever, and beyond III
possible reach Of any rightful remedy. the yer
Constitution which all were instituted to pr,
serve"
Hon. Philip p. Barbour, Of the Suprem
Court Of the United States. in 1892, when nom
mated as candidate for the Vice Presidency, say
"ln general when q question arises, whethe
an act Of Congress Is constitutional or not, Il b
longs 10 the Judicial department 10 decide
because, in general, the question arises In cas-
either in law or equity, that is, in a controyers
between parties, which has taken a shape for j
dicial decision. But when the question 10 OF
of political power, between the federal govern
ment and the States, whether the, former has Il
vaded the reserved rights Of the latter, no
that questions Of this kind do not belong 10 j
dicial cogniE re. That the people Of the Stat
are the parks 70 the compact, IN their charact'
Of States. That the Constitution has not col
ferred upon the judicial department any polite
power whatever. That, therefore, in relation {
questions Of this character, there is no commo
umpire; and that consequently the States mu'
decide for themselves. This Is the right-bu
what is the remedy My opinion Is, that III
only remedy Is that Of secession.
Edward Livingston, one Of the ablest jurisi
in the United States, in the debate on" Foote
resolution" says:
That 10 cases in which law Of the Unite
States may infringe the constitutional right Of
State, but which, IN lis operation cannot b
brought before The Supreme Court under n
terms Of The jarisdiction expressly giuen 10
that court is not created the umpire betwee
State that may deem itself aggrieved, an
the general government"
THAT if the act be one Of those few whic
cannot be submitted TO the Supreme Court, an
one that will in the opinion Of the State, justit
The risk If a vifhdra,oal from hv Union, da, IL