Newspapers / The North-Carolina Star (Raleigh, … / April 12, 1833, edition 1 / Page 1
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-1 ft '4 jnd orth Carolina Gazette, LAWRENCE & 4.EMAY. . '.;- . - TERMS. - '' - ritcnrno, three dollars per annumone ..if in adranee. Subscriber in tther State lyot hollowed to remain In arrears longer ers of est!, controver Genera! depa final States menr. i ; """''','. Who shall decide these, ed on to exercise them. ;. -,"..,,. I - uuvt awi VOL. 2IUV b.es? Don t rMt-iih-th ...ti-. !.....-.;.,:p.:: v,,v.uu,.7 ,lCriire,caQ mj ma ii iMw-LrfzisUture should, at inr time. over- I Government. .11 nrf i "riT " rePenae"1 one way io New Hampshire. leap their limit., the iudici.f d'enart- rtnwnti. iiiZV'rS" !4" !the-rwaj.,.OetfU, there islment is a constitutional check: Mf .h- " .;- "gut i otate interposition n uniform la. .-One Stinrm nhrf it;(-.i k ... "--.: nnciuicierr ur mav ecn ul the ifntH af iH .... r...j..:- .. . . .. r.:r . . - isw uw Kv wivuii mor powers? , a, well a. the Gnl fiwJ nT" oa ,ni loel wun hoal -jurisdiction, islif the nuke a Uw which the Con..: . claim this riht fltim.Jpri. . ".r-". -I 7-17 : ? rTi " ! . x" "ml J.a"te mea tt does not author,,, Ttfi void: and I won? The practical re.nlt-til - this such rTht of State n?ernns ,11 ! V r J. "'""..nent. to secure tnu urn the judiciary power, the national judg whole debate tu.ua n. ilitSiJ Th? ""a all thi. e.; 'who, to'.ecure their imp. 'tlalityj ' i ci.i. i. Il t .' """Jv,,'t""",V,"u kjb irauiuiiua WOJCU I.BBTBT Li ear, and persona resuleut without tKfif SMteiwKo rasy.desire to become subscribers, gentleman contends that ill SMPW he rbn, - mar iud-'e foritaetffat. I W-d ' 'j. -r. .. Iiiiiiin ..r U. ..t::.. ; i r. .ii j i r t. e ' jtttTH"" not e.eeedmr fifteen I I 1 I ina '"r" iw ob uuimr, ana i (I t.re eenif inr eaen eonuBnaoee. -t0 th Kdltor m11 be post-paid inea. liTTiortawntriuDretfrelBirfrr and thn rhUtin 1 4,. s roaation.,-ii cannot msKe lawa for nuate. nv rrr.r,f. the Union, if any part of the Unitjn may f passed tnrott?h " various inodifications DEBATE tin Senile of the United Sute t on the bill fur. rri. ...t u -nit..t: t i . import . " 4;i '" .. . . Webster's speech coscluded The second proposition, 'sir, which propose to maintain, is, that no State iithority can dissolve the relations ibsistmz between the Government of le . United " States and individuals; at nothing can drssolve these Tela- ous but revolution and that, there- re, there can be no such thins as se- WMiMthout fevplution.jVH this tweu-i unallr decide for itself, and mav ete. cute its own decisions by its own mwer. All the recent proceedings in South Carolina are founded on this claim of rightr'Her caavsntion has pronnunced me revenue lawsiiLttieliaited 5tate unconstitutional: and this derision he doe not allow any authority of the Unit etl fetatts- ta veFfle ir reverse, Of course she rejects the, authority nf Con gress, because the very object of the or dinance is to t-eversctle decision' of Conres; and she rejects, too, the su thority of the Courts of the United States, became she expressly prohibits an appeal to (nose courts " "nrm oia na oi,tiit it u.nal!r received the form which no enect . I Is forma of fcgislafionr wwiTullniriirirc be an ,,, ceremony, if, after all, any Ition. It is undeniably true. then, that one of four and twenty States mis-lit hid I th frmre f ik . ,i. uwuautc in n auinoriry. itnout ex press provision in the Constitution, therefore, sir, this whole question is ne cessarily decided by those-provisions ed tu create a natinnal' judicial power, which shuuld be permanent, on nation' al subjecrftf And after the constitution wis framed, and whttjjf fhe whol r ctian wnicn create a icff.siative nower arid a i trr judicial powr. If these exist, iu a Go. its, :wi.-4f. it.uiit distifluishi'd a'di .c.m.ucih inirnueu lor uie wnoie, tue vocates, Ur. Mtw-i-iii 1 told the peo inevitable consequence is, that the lawsjple that it was true Vvtl. inCQTJrover ol tins legislative power, and the deci siet relating; to the buundani between the aiuua i una jnuiciai power, must ie ,iw) jurmttcttDiu, the tribuit'U which it binding on and verthnvhole. No man ui'7Ulw to de-title it ttt be pgtnhlitthetl order to sustain thjs asserted right of bflinr hlr Awii mihra llmt alia nrn w.. Hows, as it seems to me, as a justUounces the constitution of the" United joDsequence, if it be first proved that States to be but a compact, to which she Ucoostitationf uevm mucin uiuuci, uwiiig uruiec- au to inuiviuuais, anu enuueu to ieir obedience. . ' . ' The people, sir, in every State, live iader two Governments. They owe jbedieoce ; to both. These. Gorero- nts, thoueh distinct, are not adverse. ich Jiaf its separate sphere, and its ieuliar powers and duties. It is not a ntest bebvetm two sovereigns for the me power,' like the wars of the rival ouses in England; nor is it a dispute itween a government de facto, and a orernment dejurt. It is the case of a nsien of powe ts, between two govern- tuts, made by the people, to which sitare responsi ble. Neither can dis use, with the ti'uty which individuals we to the other; neither can call itself ister of the othe r: the people are mas rs of both. Thi s division of power, IS true, im in s great m emu re un iawn in Europe. It is the peculiar item of ,Americi - and, though new id siojulsr, it is nr it incomprehensible. he state cooslitui Jons are established the people of the States. ' . This con Station is eitabllsh ed by the peophrofj I the States. Ilovv, then, can a State cede? How can a State undo what e vhule people ha ve done? How can la absolve her citize ns from their obe- ehce to the laws of the United States? can she annul tl.eir obligations and Iths? How can thet i members of her kislature renounce their o wn oath? secession as a revolutionary richt, intelligible; as a right to be proclaim- in the midst of civill commotions, aod ierted at the head of armies. I can derstand it. But, .as a practical f;ht, existing under the constitution, & in conformity will t its provisions, seems to me to be not lung but a plain surdity; for it suppos es resistance to pvernment, under the e thority of Go trnmeot itself; it suppo ses dismember- ent, without violating tSe principles of pionj k supposes oppiuoo to law, uiout crime; it supposes the violation oitos, without responsibility; it sud- wi the total .overthrow of Govern fnt, without revolution. .. . lae Constitution, sir, regards itself Perpetual and immortal. It seeks to jtablinh t union among the people of, U Stalesr which shall last through all p' Or,.if the common fate of things Joan must be expected, at some peri- to Dappen to it, yet that catastrophe The Instrument contains amDie Dro-! tons fur its amendment, at all times; ne ior us a oandonnrent, at any time. this be established, then the inference is supposed to' follow,, that", being sove reign, there is no power to control her decison. and her own juJginent on her own compact is and must be conclusive. . I have already endeavored, sirt to point out the practical consequences of this doctrine, and to thow how utterly inconsistent it. is, with all ideas (if reg ular government, and how soon its adop tion would invclvcthe whole country in revolution and absolute anarchy. . I hope it is easy now to show, sir, that a doctrine, bringing such consequences With it, is not well founded; that it has nothing to stand upon but theory and assumption; and that it is refuted by plain and express constitutional provi Sions. I think the Government of the United States does possess, in its ap propriate departments, the authority of nnat accmon-on questions disputed power, l think it possesses tluaau thority, both by necessary implication, ami by express grant. It will not be denied, sir, that this authority naturally belongs to a1tOtr vera men tr- hey all. exercis itXcom aecessity, and as a consequence of the exercise ol other powers. The State Governments themselves possess it, ex ceptin that class of questions which may arise between them and the Gen eral Government, and in regard to ....... . . . .. wnicn they have surrendered tt, as well by the nature of the case, as by clear constitutional provisions, In other and ordinary cases, whether a particular law be in conformity to the constitution of (he State, is a question which the State Legislature or the State Judiciary must determine. Wa all know that these questions arise daily in the State Governments, and are decided by those uovernmenls; and 1 know no Govern ment which does not exercise a similar power, can form, the conception ol a Govern i. '"jetitexistitigoverfour&twenty Slates, witn a i eguur legislative & judicial now er, and ol the existence, at the same time. of an authority.' residing elsewhere, to resist, at pleasure or discretion, the jej.acJiBents.aod the' decisions of. sue); a Government. I maintain, there forv, sir, that, from the nature of the case, and as ah inference w'holly unavoidable, the sets of Congress, and the decisions of the national courta,rouiit be ofJjiglvJ et.s'!j.hortj than .State Jaws, and State decisions"' If thTs'uenbT there can be, no General Government. But, Mr. President, The constitution has not left this cardinal point without full and explicit provisions. First, as to the authority of Congress. Having enumerated the specificpowcrs confer red on Congress, the constitution adds, as a distinct and sublanJ!vT?taase, the following, virj To make all laws lohich shall be necessary and proper for . t - carrying xnw execuuon me joregomg powers, ana all other powers vented bri this Constitution in the Government of ite u utt tu oiuies, or in any ueaarimeni oryfficer iliereofP U this-means aoyH Upon general principles, then, the Government of the United States pos sesses this authority; and this would hardly be denied, were it not that there are other Governments. Jiut since there are State Governments, and since these, like other Governments, ordinari ly construe Ttletrnwn powers, if the Government of the United States con strues its own powers also, which con struction is to prevail, in the case of opposite constructions? , And-again; as in the case now actually, before us, the State Gavei nments may undertake, not only to construe their own powers, but. to decide JireynJJjaeiOen'LjJieJfor. nnurpra ni t;mivra. r .vnrrica haa II . I J II ' - KS' " " O the Union, but It iluaa n Jl. f .- s....i. n .k.i 1 Ji - t - i? .... l J -.. uctiaic iuvwcii, ouum uaiuuua ucuics uiai una t oU States may go out. The Un is not a temporary partnershin of fica. v is me asauciaiiua Ol the peo , under a constitution of Govern. nt, uniting their, power, joining to- .L iL a ' ner ineir nignesi interests, cement- their -present enjoyments, ami nding, in one indivisible : mass, all ir hopes .for the future. Whatso- t is steadfast in uisL no litical m m- 'es whatsoever is permanent 1tf the ;uctu of human society whatsoever v is which can derive an' enduring "icier from berns- founded on deeo d principles of constitutional! liberty, en- the broad foundations of the 'ic-will, all .these unite to entitle ' instrument to be regarded as a per "Kilt constitution of Uovernment. ' ! the next place, Mr. President, I "tend that there is a supreme law of r mu, cunftisuug vi mo cunsiuuiion,' ? of Conirreaa" nsx.ed in nnrana nr .f nd the public treaties. kThi will he denied, because such are: the 7 words of the . constitution. But I ntenoVfurtaex. that it ri?htfullr he' Copgrtijupd, H the Courts of j" mea states," to setUe the con- actio, of this supreme law. in doubt- Mses. f This is denied: and f here es the ereSt nractiral aneHuirt ll'hn to cotutrue firutfh, ,.t!t;n t,t. r -h oaoiw a, vve ail agree that f cnstitution is the supreme law; but shall interpret. that law? In our ?.' the "'ision of powers be jeen different Governments contro i will . necessarily sometimes je. respecting theextentof the pow- aw is within its just powers, and insists that she has the right so to decide this point, and that her decision is final. How are these questions to be settled? In my opinion, sir, even if the con stitution of the United States had made no express provision for such cases, it would yet be difficult to tnaintsin that, ina constitution existing over four and twenty "States, with jeoual authority over all; one toold claim a right of con strumg it for the whole. This would seem, a manifest impropriety indeed, nj?'It." the constitution is a government existing over all the Stsies, though with limited powers,' it neces sarily follows that, to the extent of those powers, it must be lepreme; c Jf . it be not superior, to the authority of a par ticular State, it is not a national Govern ment.? But as it is a Government, as it pas a legislative power of its own, and a luoiciai power oi-eieuiie wim tne le . .- ' ... i- r . .. ... tning, it means mat uongress mav judge of the ti.ua extent and just inter- fpretation of the specific powers grant-. ed to it; and may judge also of what is necessary and proper for executitjg those powers,.,C(Migiess, of what is necessary jor the execution of its powers,, it must.titnecessity, judge of the extent and interpretation of those powers. " I And in regard, sir, to the judiciary, the Constitution is still more express and emphatic. It declares that the ju dicial power shall extend to all cases in law or equity arising under the Con stitution, laws of the United States and treaties; that there shall be one Su preme Court, and that this Supreme Court shall have appellate jurisdiction oj all these cases, subject to such ex ceptions as Congress may make. It is impossible to escape from the general! ty of these words. If a case arises un der the Constitution, that is, if a case arises depending on the construction of the Constitution, the judicial power ol the United States extends to it. It reaches the case, the question), it at taches the power of the national judi cature to the cow itself, in whatever court it may arise or exist; aod in this ooie the Supreme Uourt has appellate jurisdiction over all courts whauver. No language could provide with more eftct and precision, than is here done, for subjecting constitutional questions to the ultimate decision ol the Supreme Court. And, sir, this is exactly what the Convention found it necessary to provide for, and intended to provide IMSjJop, exactly what the people under the General Government. Mr Martin, who had beeri'a member of the convei.ttonf asserted the same thing to th Legislature of Mirytafid,-arid urg" ed it as a reason tr rejecting th: con stituiton. Mr. I'incktiev, himselt also aJMding member of. the .convention dechred it to the peop'e of Soutfi Ca rolina. Every where, it was admitted. uy menus ana lues, mat this, power Was in the constitutioO'i. By some it was thought dangerous. .Uymost it was though t.j necessary; but, by a!l, it was agreed tlWaotFfctli ed in the instrument. The conven- tiotrsjw the absofrttr necesrty-rf some control in the National Government over Stater laws. D.uerent modes of establishing this control were e and considered. At one lime-it was proposed that the' laws of the Srater shoatdr ftfrffl nlmeio 'time; be laid before Congress, and that Con gress should possess a negative over them. Hut this was thought tneipedi ent and inadmissible; and in its place, and expressly as a substitute for it, t'ie existing provision was introduced: that Is- to sajr a proviswn by whish 4le -fe 4 deral Uourts should, have authority to overrule such State laws as might be in manliest contravention of the constitu tion. The writers of the Federalist, in explaining, the Constitution, while il was ret pending before the neoole. and sim unauopieu, give tins accouut ol i the.maueLjntj;LmsLajdassi reason lor the article as it now stands. rw'ere universally told waTdone when that this; Government, thus created by the whole, and for the whole, must have an authority superior to that of the par ticular,; Government of any one part, pobgreai if the legislature of all ih people of the Uoited States; the Judicia ry and the General Government is the Judiciary of all the people of the- Unit ed ' States. To hold, therefore, that this Legislature and this Judiciary are subordinate io authority fo the Igl .la ture and Judiciary ol a single State; is doing violence to all common ense, and overt ur'nirTg: all established pritici' ptest : Congress must judge of the extent of its own powers so often as it it Call- the first resolutions adopted " byMhe Convention .was. in these words, viz. " that the jurisdiction of the national judiciary shall extend to cases which respect the collection of the national re venue, and questions which involve the national peace and harmbnr.n Now. sir, this either, had no sensible meaning at all, or else, it meant that the juris diction of the natio,ul judiciary jhowW extend to these questions with a yara- mount authorUy-lt i not to be siip posed that the Convention intended that the power, of the national judiciary should extend to these questions, and that the judicatures uftheStates should also extend to them, with equal power ff jinut-decitioru 1 This would be lo de feat the whole object of the provision. There were thirteen judicatures alrea dy in existence. The evil complained of. Or the danger to be guarded against was'coiitradictioD and repugnance "in the decision of these judicatures. ;II gislative, the inference ta irresistible Jjhe framers of the constitution meant t create a fourteenth, and ret not to give it power to revise and controMhe decisions of the existing thirteen, then they only intended to augment the ex isttn-etirViand the appiehepde4 '4 ger. by increasing, still farther, the chances, of discoidant judgments. Why, sir, has it become a settled ax iom in politics, that every Government mint have a judicial Dower ca rilrn- sive with its legislative pou'er? ' Cer. tainly, there is qwy this reason, vsw that the laws may rreceive a.iiniform interpretation; ani . oniforra execu tion. this object can be no otherwise attained A atajujjsjbat it is judi- By his .prrovision Congress es'csped from the necessity of any revision of State laws, left : the""whuje "sphere of state legislation quite untouched, and yef .obtained a security agiinst any iii; ningement ot the constitutional power of the General Government. Indeed, strrslrowwe to ask again;if the na tional jutliciarv-wasjnol-to exercise a power of rejyisirrn7on- constitutional questions, over the judicatures of the States, why -was any national judica 4r-wtu.atMjUft.GaiB Mfm, give a sensible reason for having a judi cial power in this Government, unless it be (or the sake of maintaining a' uni formity of decision, on questions aris ing under the Constitution and laws of Congress, and ensuring its executionr And does not this very idea of unifor mity necessarily imply that the con struction, given by. the national courts is to be the . mailing construction? Howrclsesir,a.it passible lbat..uni formity can be prqserved? , " Gentlemen appear.to me. air, to look at but one side of the question. Tltry regard 'only the supposed danger f trusting a Goveintnent w'iih the inter pretation of its own pnwm.- - Bat will they view the question in its oiher as- restricUons, and to the approval of the, f . President.,; To subject them toany,-i. other power is clear usurpation." The wajuniy o one iiouse may De controII.-. ed by the' maioritr of the other: and both may be restrained: by the4 Preai dent's negative. These are checks and balances nrovided hv'th C. arezioOieMadel!idepeM?flj.i! Government "it-r-r cjare it to be void. Ua the other hand,! self, and wisely intended to secure de- if the Ststes go beyond tlifTimits; if liberation and caution; inr legislative U n orP''onproceedingH.C-But to resist the will of ---"x. y..,vi.,, v..o : im, uivioruy in uoia iiouses.'inus coa ls void, and upright, independent jodg-f stitutionally exercised; to insist on tlio es, w.II declare it to be so.'' ' 4 lawfulness of interposition by an ex- r. And Jet me onjy add, sir, lhaf, in the! Jraneous power! to claim the fight of re-7 .""?, ,he ?rrt Uongresr. defeatingiliewillof totigrcss, bi stU i " eli-k1.vvn i1 Drt,n ting op against it the wiftvf asingle of th Coaventto-r and the pWp!e.-'fallSitfc1.MeWre and fresh ..m hi mind, Mr. I'ltswonh strike' m. sknv'nt.'.n t . " " r w wa..; WhtVlllUa VF . - . . . I a 1 I 1 1 repoaea me. irnu as, Jl Cfneraiiy un derstoodr fur the organization of the ju- dicnl depM-tin-nt, anl, in that bill, made provision for the exercise of this appellate power of the Supreme Court, in H the proter cases, in whatsoever court arising; and that this appellate power lias now been exercised lor more than forty years, without interrupjion and without doubt. . ' " " As to the caes. sir. which dunot come belore the courts, these political questions which terminate With the en actments of Congress, it is of necesst ty that these s'lou-d be ultimately de cid 'd by .Congress itnelf. Like other Legialatures, it must be trusted with thi,; powen, Tbe jndtt&txl.Jitf:3&pjL. gress are chosen by the people, and thwlft 'affswmlj-whepfdfjkl othrr putiitc agents, 'hey arebnuad by mnh tferppoTt eCiWfiitbtiofr. These are the securities that tfiey will not violate their duty, nor transcend their powers. The rare the samo se curities as prevail Ih other popular go vernments; nor is?': it easy to see hrtw gri ill a T r)6 f i a'tt"ternm or T"I fefj guarded, wjthout rendering them nu gatory. If the case cannot come be fore the courts, and if Congress be not trussed with its decision, who shall de- cide it? -The gentleman . ea.h State is to decide it for herself. If so, then; as I have already -orged, what is law in one State is not law in the other. l't)r, if the" resistance -of " one State compels an etire.jepel..of Jbe law, then a minority, and that a small one, governs the whole country. . J Sir, thosewhc) espouse, the doctrines of nuIIificatimYejecli,' me, the first great principle of all rr- plain attempt overUiroK::,UiOoerninent. Tho constituted authQiTties of -the ITnited --i States are no longer a Government, if ' - they be not masters of their own will) T X they are no longer a, Government, if : s r an z ettet'pwer'aylrrest Xheir.'iT'.r preceedingsj" they are no longer a Ga- yern me lit,, if acta passed by Jo th, ) Io?:J. bps, and., unproved . bytW--P.irslde'tf:' may be nullified' bf Slate vetoes or ' State ordinance. A.lloes anyone .up. pose itcoutd make any ditlerence. as ''. - tu the binding aa thorUyflan: ac U f42' '' publican liberty ;thiit is, that the ina jonty miisf govern;! ;ln71natteraTif common concgrn,t the judgment of a majority must stand as the iudsinent of the whole. This is a law imposed on us by. the absolute .necessity of the case; and if wejlo not acMipon it, there is no possibility of maintaining any Eovcrnm hear load and repeated denunciations gainst what u called majority govern merit. It is declared, with much warmth, that a majority govern meut cannot bemainfaiTiediftrtlivU.itod States. What, then, do gentlemen wish? Do they winhto establish a mi ndnVy government? Do ther wish in subject the will of the many to the will of the few? The honorable-' ten- email frot. South Carolina has Spok en of absolute majorities, and ihmori. ties concurrent; language wholly - un-' Known to our constitution, i and to hich it is not easy to affix definite idea-Asfar-a3-I jindirsMnd it,2it ould teach us that , the abmule majority may be found ' in Congress, but the mnJorUy concurrent must be looked for in the States. That is to 6ay, sir, stripping the matter of this novelty ot phrase, that the dissent of peef ; will tby- show us how it is pus- on.e.or ,moro, ct.a?( iib1efor-rrj7F?e3Wirri6erat Congress, and of the duty of a State to respect it, whether it passed br a merav majority of bjtli Houses, or by threa : V fourth of each, or the unanimous vote - : ffcsweh? Withm the Ufcita iwdrciw il trxtions of the Constitution,' the Gov- . . erhefitthejt tierSiu'KeOova'inen mini iiicb. . it viHrnkt nw wuiurwise. Whoever, therefore, denounces tha 'Jijj! Government ot majorities, denounces the Government of his own couotrr. - and. denouiiccs all free Governments. ; - ' i And uhoev3r would rst-riN'llt jorities, while acting within their con- ; V ; . . . .... -. i i. ' .tltuiiunai limits, pjr an external pow. . : ! er; r. whatever he -vnay' intend, :ai.etts ' principles which; if adopted, can lead 7 to nothingelsfr than the destruction of - - the Government itseltv "'j,' 'C;:'Sr :jK, ,i Does!not:theSenlIemanpe sir, how his argument against, inaiori-. 9 tics might here ber retorted -upon him? - s Does he not set haw-cogently iia iilgh- ' be askedr whether - it be4he character ; -of nullification to practise what it' preaches? Look to South Carolina, at the v present momehtiJHow-far;iara ir .vM. ... the tights of minorities there, respect-p; I i t ed ? I tonfessruir,' I have not knownf in peaccaWe -t times,-: the powe t-of thifi:. majority carried with a higher hand, or I. upheld with more relentless disregard ; V f j of the rights; feelings, t and principles ; of the minority : a minority cmbrac- : , ingf :as-the. gentleman himselfTj willrt admit, a large portion of the worth- j mq Tespec.tamlitrot- u niiiioiitj, xoiiiprciieiiuing, in us num bers, men who have been. ..associated V with him," and with $, :' these jialli f legislation! men who have svred thek .conjtrayMjbo"n?i. abroad, men" who would xnee'rfiillf '' fij? down their lives for their native State, f in any cause 'which...ihea''could;rerd.f: as the cause 'of honor and duty; , men above fear," and Xbove, reproach j Vho ' deepest grieft' and " distress spring; :. from the conriction that the present i proceeding of the State must ultimate- V: ly reflect discredit upon hen how la , this minority, how are: these men re-l r: garded?-They are enthralled and dis- - ;; fi a'iiChiaed by" ordinances -and acts' :fil iVyslatianysubjeet to tes-.wdths5 incompatible, as they! couscientiously think, with oaths already, taken, ana Y ? obligations al ready assumed j jhe,ar. proscribed and denounced as recreants toluty and patriotism, and slaves to a - one or more States as States, renders Vmrt -4 . .! Aiainn nf . 1... . ; Ciritn - tuMf.ii tvtli ' tfkA -.vtt .t .1. r . vrnmerit , to ef along "v ' - - auHtw-uMiitn stvpVJlMj-'i iimi oiaic is vuii-t ""i! incui, ami iuc uusuiie nica.' , - mi4 Ur .ml .v0n.. im.ri... .rr congress, so tar as that State is con- pursues them, and the mwitn itriawsraod'pnw-Gefttlemenr-ttfl!" gue, too,a if, in these xases, the' u,nS but a sl,ort crr ltk' other dog j afe harsh and proScripUvS" beyond iH i' i State wou!:l be always right, and the ""'. wniiuimci m nuiiiocv ueneral Government always wrong, j lut,asuppose' the reverse; suppose the State wrong, and, sincr. they differ. some of them must be wrong, are the most important and essential, opera tions of the Government to be embar- a a .1 AnI mm.ai m.A O . . IM i?3jij cjii;Uj uci.an.ir .p.iig v?.iaiC (holds a contrary, opinion? Mr. Pre si dentr everyrgumenl wkich-aefersile constitutionality of acts of Congress to State decision, appeals from the major ity to the mioority; it appeals from the I tion. If this vehement invective a commotr interest to a partit-ular inter eslt from .the councils of all to the Council ' of one; and endes vitrsVito isU persede the judgment of the whvie by tne judgment ut a part. 1 think it is clear. Sir, that the Con stitution, 6y express provision, by di-fi nitn and unequivocal words, as well as by necessary .amplication, has const) toted theupreme Court of the United States the appellate tribunal in all ca ses, of a constitutional nature which assume the shape of r Suit, in law or equity. And 1 think I cannot do bet ter than to leave this prtof h subject Dy reading the remarks made opon it by Mr. Klfsworth; in the Conveation of Connecticut; a gentleman, sir, who his elt behind bun, on the records of the Government of , his country, proofi of the clearest intelligence .and of the deepest ssgacity, as well as of the ut most, purity aod integrity of character. "This Constitution,", says ihe, " de fioes the extent of the powers of the General . Gorerntntut. . If the General precedent within my knowledge, ex. cept in nenods of professed revo o.- - lion. ' .J.' , ' .- ;t"rj'Lr..ti.-' amst majorities meant no more than that, in the construction of government, it is wiso to provide checks aod balances, so that there ehouTd be various Timita tions on the power of the. mere majori ty, it would MlYT stitution of the U ni ted States has l-t f CFirst, :Thal there is,; o far,: 4 com ready abun danlly providedT. ins'Tiintwon interest among those .ver whom of such checks -and balances. In -its 'th Government ' extefoUVjaa. that it very orgatii!r.ation. f it adonis a broad (may nro'vide for the defence, nmt. iiostLcjTixtJLpriticipleine-'tion, and good government of the .:i ,.r ii.. 'r: .!.- :t.x.:j-...ui:?i..t r-rr.-.-.i-. -. . - - It tinoL.jir, one would tnink. for those who approve these proceedings,' to complain of the power of majorities. ' -i" M rv; Pr'esidenta 1 1 popular govern;? ments rest, on two principles, or two, ' an straint of the power of mere majorities. A majority.. of the people Fleets the I lou se of lie prcsentali vciiiu t it docs not elect the Senate. The Senate is elec ted by the States, each Slate-having, in this respect, an equal power, "Jso law, therefore can pass- wiUi6ut,r the assent, of a nisjority of the Represents tiv'eof thepeoplej and a'majorify of the Kepresentativea of the States also. A majority of ; tke ' Representatives of the people must concur, and a majori ty of the States must concur, in every actof Congress j ; nd Jhp. President is elected on aplati compounded of both these piincinlsv.i But, having !com posed one House of Representatives chosen bjr the people ineach Slate, according to its numbers, and the other of an equal number, tf members from every State, whether larger or small, er, the ConstYfutidniiveslto maiorit'ies 4n these Houses, thus constituted, the lull and entire power of passing laws, ?ubject always, to the constUutional i-IJ , .....v..'..,,':. . . , wVole, wiilidut injustice rbf oppreswoii to parts. - .:-:,-! ir l-i , ,-, , '...,., lyjeconil ,TJi4jl!ie, epresenlaUves of i the people, and especially the" people -themselves, are! secure againstjgene-' ral corruption, and" may be trusted, ' . therefore, with the exercise, of power. ! Whoever argues ainst these prinei pies, argues againsl the DradioabilitT "x of all free - governments. And who- auiuiu utc, inuai . nuinir, . or cannot deny; that power is as safe in ' the hands of Congress as in those of , other representative - bodies. Con- ' gress is tiot irfe sponsible. Its -mem bers are agents ofthe people, elected;, ' by them, -answerable to them, and liable to ,be displaced or superseded at i tneir. .pieasuref na they possess aa . iniraciaim to the confidence or the people, while they continue to deserve it, as any pther public political agents. V f If, then, air, the plain 'intention, of the Convention, and the 'cotemporarv : tsimisura- bbtfl Cicada 'toA UhT- v..
The North-Carolina Star (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
April 12, 1833, edition 1
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