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. ■iw mmm i mmmM ■ ■ imi 11 jjHBBBSS:
loifresp»inlciiw*
To the Editor o/tU “ I’cHUUton MeiJtnger.”
I‘kmiWwn. bept.
Dear Sir; I mu ►uro you willl mpure
no apology nt my hands. for sending you
theeaclosed correspondence which has
tiih« n between Mr. Calhoun anu
in vat* t\ AH«*r having oh/ainul l*i& * !on
t«»thr pubiii'ulioii of hid letter ul the:
•o-ith nit the oat., qiii'stion tUu* could a-
I'isr whs, hs to Ihe mode by which thc
puhiicatton could la* made the most
promptly and extensively uselut. I have
there lon* selected your press, us the me
dium of communicating to the good peo
pie of South Oandiimt lie opinions of one
of the most distinguished of her sons,
on h (pieslioil of deep nud vital interest .
on vvha it he liusn 0< eled with profound
deliheniti(>n, —opinions which nro us
much their property us his own, nml
which 1 cannot but think 31 r. Unlhoun
Ims presented in a light approaching us
nearly to demonstration us tiny sulijeet
which belongs to moral and not tniilne*
inntieul reasoning, will permit.
(Consider, therefore, the wtiole corres
pondence, us in your hands, to he pub
lished, ns if you please,ns as early ns the
engagements of your press will permit.
I remain, dent* sir, with great esteem.
Very respectfully, your oh’t. serv t,
.». IIAi>IMiTO!M, Junior.
Dr. F. W. bv vi.mks.
Pc.noi.kton, July 31 st.
My Drar Sir i Ist remlit g again, a few
days since, your eoniiiiiiuiralion address
(id, hist stmnner to the ( ditor *»l the
“Pendleton Messenger,” containing tin
exposition ol tho doctrine «l the right ' I
Interposition, which belongs to « sover
eign slule in this confederacy, I > arrest
mu usurpation on the part ot the General
(Government, of powers not delegated It
it, I felt siilislied. not otiiy Ifoiu a remark
which you yourself make in that article,
hut from an obvious coudeusati u <d
your argument, that lucre wen slilln va
I'iet v oi l ghts in which the truth nml vi
tnlimportance ol this highly contcmi
live principle to the liberties til thest -tes.
were tpiile fiimiliur to the rclleclii ns ( 1
your own mind, which have not sug
gested tliemst Ives even to those w ho me
the most zealously unvoted to the doc
trines in question.
Your patience hue been bo heavily tax
ed by the late oppressive session ol t on
gress, ( jppressivo in every sense ol the
term,) that I feel some scruple in placing
you under the requisition which my re
i|uesl is nhout to impose on you; hut ii you
could Had leisure this Slimmer,for my pri
vate satisfaction iV int'orma ion, to tilt out
your argnment ol the Inst year, by going
somewhat more into detail, both ns to the
. principles and consequences ol Mullillca
tioti, yon would add otto more to the tun
ny obligations of friendship I owe yon
As i shall lie. during the residue of tin
Slimmer, In t’hnrleslou.he pleased to di
l-eet to that place.
I reiiiniii, my dear sir, with great esteem
Yoar's faithfully nml respectfully,
.1. HA.ViII.TO .Junior.
■ "“-'T C. CaI.HdVN, V. r. dfl/ir f’
~77f-|H *=■ i
■“oßyintTiTjTny. requesting me to gue
you a fuller developeinenl of my view s,
than that contained in my address lust
~ defend her reset ved powers against the
encroachments of the Genital Govern
ment.
As fully oeenpied ns my time is, were
it doubly so. ihe quarter from which the
request comps, with my deep eon,action
of the viinl importance of the subject,
wonkl exact u eonipliance.
iN'o one ran be inure sensible,than I am,
Hint the address of Inst summer foil for
short of exhausting the subject. It was
in fuel intruded ns n simple statement ol
my views. I felt that the independence
and euialor, whi h ought to distinguish
one occupying n high public si .lion,
imnosed a dirty on me to meet the
coil for my opinion, l.y n franli mol
full avowal of my sentiments, regard
less i f consequences. To 'full'd this du
ty, and not to discuss the subject, was
the object of the address. |{nt in ~,„.
h ’lg those preliaiinnry remarks. I do mu
intend to prepare you to expect u fall
demission on the present occasion,
AVhut f propose is to touch some of the
m re prominent points, that have re
reived less of Ihe public attention, (hat
th -ir importance seems-to me in dr
s inntivl.
Strange ns the npverfioa may appear,
it is tier erlheless tine, that the greiU dif
fleulty m determining, whelht r n blute
l.os the right to defend Ihe reserved pow
ei against thr t jeiiernl (Government, oi
ie i >rt tiny right nt. nil beyond those nt »
i ■ v corporation, is to living the public
mi.i.l to realhe plain historical fa. ts,
connected with the »■ igin mid tormnlion I
<>f the (Government. Till they me tally j
understood, it is impossible that a correct I
and just view can he taken of the sub
ject In this connection, the tirsl and
most important point is to ascertain d.s
tincllv wjionre the real nnlhois of the
f Const tad nos ihe Cniled Mu tea—whose
pow es . rented it w hose voice clothed
.■ *it with authority —and whose agent, the
ft. government it I, in reality is. At
K (ids point I commence the execution ot
Jthe task which your request lias imposed.
■F Ihe formation and adoption of the
| f'onstitntionare eventsso recent, and nil
the connected facts so fully attested, lluil
if would seem iinpossilde th it there
should ht'the least uncertainty in rcla
■ (ion to them; and yot, judging by whr.t is
constantly heartland seen, there are lew
subjects on w hich the public opinion is
more confused. The most imh Unite ex
liressi,.ns are habitually used in speak
r log ofthetu. Sometimes it is said that
. the < 'onstitution was made by the States, ;
and at Others, as if in contradiction, by i
■ the penp/e, without distinguishing hi* >
| tween iiie two very dill- rent meanings I
aVorhu h may be attached to those general t
||cxj.cessions ~ amt this, not j„ ordinary I
in Kr “ v, ‘ -bseassions i
| jHu'.-c dell bodies, and in ja la ial'.
f. invest -rati ~,*, where the greatest men I
racy, on s > important n point, mi-'n |„. 1
V>xpeeted: parlienlarly. us one, or the .
h^ eV ~u* " is intended, conclusions I
E v,he iiinst apnosim must foiioiv, not onl\ *
K-nMereneeto the subject of tins com s
■jaumcntion but as to the 001111*0 and r
’ ourpolilieid system. Ilya 1
''em,,.,.* ■bb...’,! ... ,
gretit community, or ns the p.ople
of the several blates, f /ruling, ns above
stated, eepuvMte and independent com
immilies. These distinctions arc es
sential in the inquiry. If, by the people,
he meant, the people collectively, am
not the people < f the several .tales,
taken separately ; and,it it h.* true, tad. e
thntlbe Constitution is the vyofkol the V
tnericHiipeople e.ollceti v.*ly;if it originale.i
with them, and derives its authority from
their w ill, (hen there is an end ol the ur
guineiit. The right claimed for u Slate,
ol'defending her reserved powers against
the (General (Government, would he an
absurdity. Viewing the American peo
pie collectively, as the source ol polit
ical power, the rights ol the {States
would he mere concessions—conces
sions from the common majority, and
to he revoked by them with the
snme facility that they were granted Ihe
States would, on this supposition, hear to
(lie Union the same relation that counties
do to the Stales; and it would, in that
case, he just as preposterous to diacusr
the right ot interposition, on the port ol .1
~*tnle against the (Gen (Gov t,aslhiii ol tin
counties, against the Mates themselves
That a large portion ofihe people of tin
IJ. flutes thus regard Iheteh.liou between
tin* St de-and the (General Government,
irtc tiding many who call themselves
tin* friends of .spite idights. nnd <»j po
neats of consolidation, can scarcely he
iloulit -d, ns it is only on that supposition
it. can he explained, that so many ol that
description should denounce the doctrine
for which the State contends, as so ah
sard, lint fortunately, the s ippasilion
is entirely destitute ol truih. b-o far
from tin* ('oiistiimi’oii being the work ol
the American peo h* colieelively, no
siicli political body, eitlter uovv, or ever
did exist. In that .’character, the people
of this c at -try never performed a single
political net, nor indeed can, without an
entire revolution in all our political re
11 11 1 I l » will i.wu Hi UH i
■ iutiollH.
1 challenge an inptnnrr. I'm in thebe
f inning. A. in nil the i Images <• I polit icai
existence through which «i* have pass
ed, ilit* people ofthc United Platt s have
| been >^ki 1 (.'• I ns forming political commit
iiitlo.-s, uni) not. as individuals. I',veil in
, the first Wage of existence they formei
(li-lii:i*l colonies, independent ol each
oilier, uml politically united only through
the lit ili.-li ( t own. In their first inlbr
’ inal union, for the purpose of resisting
, the encroachmeats ol tlie mother conn
f try, they united as distinct political com
iiioullies; niiit, passing IVcai their cob.
, ainl condition, in tin- act uminmuiiig
their independence to (lie world, ihoy do
j , i.inal lliem-elves hy name and enmner
r ■lion, free and independent Stales li
[■. that character they formed the old con
federation ; and, when it. tvus propose!
Iti iittpercede the articU*s ol the eonieder
ilimi by (he preseul constitution, they
met in convention ns Slates, netet
, iml voted as States; ami the (’onsiiiu
tain, w hen forme I, was siihmitted I'm
( ulifn-iit .'ii. to the people of the severa
’ -lilies: it was ratified by (hem as Stale.-
each state fur itself: catch hy its r. iifien
u ••!i'iV ij'firj “777/ f / /r /ii>s:i!,e parlsthttt
..lt<l I Oil IIQISSIUHII-, ,
ik
«r,i ; uiici / )X
■ tile imipirtll InFV'/lrirll >V.. 0 ,i
. article of rat ; tic it'eui, w hen ratified, it is
l tleelurcil •* In lie lihriing belliven l!ir flairs tv
rati filing,” tin 1 coneltision is inevitable,
• thill the I'oiisliliilion is the wairk of the
people of the Slates, considered as sepn
'■ale and milt pendent political conimnni
■ lies; dial they are its authors—their
■ power created it—their voice clothed it
i with authority—that (he (dovernmeut it,
. formed is in reality their agent—and that
the Union, ot which it is the hond is an
. union of States, mol not of individuals
• \o one, v\ ho legurds his cliaractcr for in
telligence and truth, hits ever ventund
I directly to deny facts sa certain; Inn
• w Idle they are too certain lor denial, they
i tire, also, too conclusive, in favor of tin
rights of the Stales, f. a’admission. The
• usual course has linen adopted; to elude
I w hat can neither he denied nor ad nit
ed ; and never Ipis the device been more
successful l )’ practised. Hy cor.f imidio,’
States with State <<o\ !’riim>M.(-, mid tin
people ol the Stales, widi the \nierlcai
pimple collei lively. things, ns it regard,
the snhjei’t of this emmminientian, total
ly dissimilar, a- tinteii so as a ti inngl
and n square, tacts, of themselves pc.
tectly certain and plain, mid u hit li. w lien
wed understood, tuns I lead to a e. mat
conception ol (lie subject, have been in
voiced in obscurity nod uiyst ry.
1 will next proceed to state some in
the results \v hit’ll necessarily follow
from the facts which have Ikcu cstah
llshed,
’I lie first, and In reference to the soh
ject ol - this comimmicali. n the most im
portmil is, that there is no ilmct in ti im
eiftiWt connexion In tween the individtf
nl citizens of a state, «.V the (acin i ni Uov
t i tmieiit. The relation In tw, en them is
I ihroii" h the State. 'J he I nion is an tin
ion of Stales, as ccmiiiuiiilies, and not
tin union (ifindivitluals. As memt ers ol
a State, her citizens w ere originally suit
j-’t’l to no control, lad that of the State:
and could he subject to no t ther, except
hy the not of the slate itself '(ho (.lon
stiUtiion was nccordmgly stiluniifed to
the states fir their separate ratification;
and it was only by the rnldicaticn ol the
Slide, that its citizens hecame ,u! jet t to
the coiileol ol I lie (ienernl («oven iiient
she ratification of any other, or all the
other States, wilhi tit its t w it, could t re
nte no connection betwetn them and the
<ienernl Cioveriiinent, nor impose on
them (he shell test obligation. Without
the tat lieation ol their ow n State, they
w mild stand in the same relation to the
tidier.it (iovermaenl. us do the citizens
or subjects of any fieign Slate: and
we find tlte citizens of Aorth Uarolitm
ntnl tiliodo Island actually fearing that
relation to tiie (iovei nnieiit.ldr sometime
after it went into cperitlam : these Slates
haying in the tir-t instanie declined to
t’lilit y. Nor had Ihe act of any imli vidtmi
the least influence in subjecting him to
the contr dor the licri r.-l liovcrmnc;. ,
except ns it might it ilaeiice the ralitica
tion of the ('(institution by Ins own state. ■.
NN hether subject to its control or not, i
depended wholly on the m l of the Stale. I
ills dissent imil not the least weight a *
traiasl the assent ol his Stale, nor tils as- !
sent, against its dissent. ■ It follow s, os n *
necessary consequence. that the not ol |
I atillca'ion, lio.md tin Slate as a eominii- j
c'! > 8’ i’ expressly declared in the m lii Ic t
v. i ii.fi :.ti a afiov e o .. i,..! »,id t the |
jiugHsto
citizens ofihe Slate, ns individuals; the
latter l»<ing bound through tljeir Slate.
mil in consequence of the rultfitnlicm ol
Itie former. Another, ond a highly »’»' ,
l»mlunt consequence, ns it regards the j (
subject under investigation, fellows with c
equal certainty; that on a question- li
whether u particular power, exercised liy !
tiie (Jenerul(government, be granted by I
the Constitution, it Irrlongs to the State, t
i sis a inensbor of the Union, in her s*l'l
- veign eapacity, in Convention, to dctei !
. mine definitely, us far as her citizens are j
t concerned, the extent of the obligation |
i which site contracted; and it. in heropin (
■oil. the net exercising the power lie ini |
constitutional, to declare it nulLand void ;
, which declaration would be obligatory on her
. citizens. In coining to tliisconclusioa, it
I tuny bo proper to remark, to prevent nus
■ representution, thnt Ido notelnim lor a
Slsile the right to übrogule an act ol tin
> (•encral Ciovernmeul. Ills the Coast i
j lulion that, annuls an uncoiielilulioiial
i act Such an act is of itself void and ol
. noefll et. What I claim is, the right ol
, tno Stale, as far as its citizens an; concerned,
. to d dure the extent of the obligation, and that
such declaration is bin ting n them —aright,
when limited to its citizens, llowingly di
, reetiy from I lie relation of the Slate to
the Cieneral Ciovernmeul, on llie one
, side, and its citizens on tiie other, as al
ready explained, and resting on the most
i- plain and solid reasons.
II Passing over what of itself inly hi he
t I considered eonelusive, the obvious prin
eiplc, liuil il belongs to the mitlmrily
which imposed the obligation to declare
, us lar as those are coma rued,
,n w horn the obligation is placed, I shall
I resent a single argument which, ol il
-1( s If ,s decisive. 1 have nlreudy shown
i ii,ui mere is no immediate connexion lie
, lween the citizens of a Slate and the
ticn’l («ovet iimetd, and tli.d the relation
• II I • V I ll»>V 111)
, In-) tv’crii ilium, i.. llmiugli the citato. I
liute al»o shown, that whali-ver ohliya
(joins wore imposoil on the citizens, were
iid I osotl by the declaration ol the Mute
I ratifying the Constitution. A s inihn
. deelui'atiun by the same authority, made
v with equal solemnity, declaring the ex
tent oi'thc ohligtilion, must, a* Ihr a* they
~ are concerned, he of equal authority, i
, sjioah, oi'course, on the supposition, that
I, the right lias not been tnuislorrod, ns i*.
|, will hereafter he shown that it has nut.
A citizen would bate no more right to
, r question the one, than he would have the
, oilier, declaration. They rest on the
, same authority ; and, as he was hound
ny the declaration of the Slate,ussentiug
fr to llit Constitution, w hether he assented
, or dissented, so would ho be ecjiialiy
i.. lunaul by a declaration, declaring the
~ extent ol'lhat assent, w bet her opposed to
, or in I'avor ot su* h ileclurntion. la this
~i ciiiichi.-ion, 1 am supponetl by analogy.
The ease o)‘ a Ire ■ty between sovereigns
is strictly analogous. There, as in this
.jl case, the State eontructs lor the citizen
„ or suhjeet; there, as in this, the obiiga
lion is imposed by tbo “'lale, and is in
~1 j tlepeudent of ins wili; and there, as in
. I this, the deelaration of the Mate deler
, I mininglhe extent of the ohlig.itioti eon
■ s on 1 1 11 _ s o as
t\ioiimrli 1 11" 1 point,dhat the
“j stilt* 1 . >*s to the extent of the pi—>i
■ ) uai, is obligatory on its citizens, I
s sin.ll next ( roeecd to eonsidcr tl;e ell* e!s
(/ of su* It deeluralion in refet-t-nee to the
•, (•eiieißl Government; n question which
e necessarily involve** the etiiisideration of
the relation between it and the Males.—
-! li has been shown that the people ol the
r If't ites, in-ling ns distinct and indcpcn.l
--t eat c.namanities, arc the authors ot the
I j Constitute n, mid that the Ceneral Co-
I I vernnunl was organized and ordained
n: by them to execute its powers. The Co
. I vernn eiil then, with all it* departments.
is, in fact, the agent of the stales, con
1 slitnled to execute thei. joint will, as ex
i pressed in the Constitution.
, I In using dm terra agent, I *lo not intcnil to do
, | togtile, in miy degtee, front its character us a
j Government. It is as truly and properly a gov
eminent, as I lie Slate governments themselves.
I have applied it, simply because it strictly be
longs to dm relation between dm General Guv
'' eminent anil die States, as, in fact, it does, also,
to dial between a State and Us own Govern
mi ni- Indued, accoiding to our theory, Gov
ernments are in their nature but trusts, and those
appointed to administer ilium, trustees or agents,
to execute dm bust powers. Tim sovereignly
resides elsewhere—in dm people, not in the
Government; and with ns, the people moan the.
t people uj the several Stoics, ougmally lomied
lino thirteen distinct and independent commu
nities. aid now into twenty four. I’oiittcallv
speaking, in reference to our own system, there
arc no other people. The General Government,
i as well as those oi the Stales, is but dm organ
ol dice power; the latter, dial of their respective
Slates, dii'uilgli which are exorcised separately
dial | or.ion ol power not delegated by die Con
stitution, and in Hie exercise ol which each S ale
has a local and peculiar interest; die former, die
joint organ ol all the Stales, confederated into
cue general community, and through which
they jointly and coneiiriingly exercise the deio
gated powers, in which all have a common in
* leiest. Thus viewed, the Constitution of die
Coiled SlaU s. with die Government a created,
I is truly find strictly die Constitution of each :
I State, as much so as its own particular Conslitu
tion and Government, ratified by the same an 1
, diority, in dm same mode, and* having, as tar >
[ as ‘is citizens are concerned, its powers and eh I
ligations from the same source, dill' ring only, in j
dm aspect under which I am consideiing die '
subject, in the plighted faith of the Stale to its I
co Stales, and of which as far as its citizens are 1
1 concerned, dm Stale, in the last result, is dm ex *
elusive judge.
Such, llien. is the relation between the State ;
and General Government, in whatever light we '
may consider dm Constitution, whether us a
compart between thy States, or of the naiiiic 1
of the legislative enactment by lire joint and c
coiicuri ing authority of the States, in their )u a |, »
sovereignly. In whatever light it m..y he view a
ed, 1 hold it as tmeossa;ilv resulting, that in dm *'
case of a power disputed between them, die
Government, ns the agent, has no right to cn o
torce its cor.sltuction against die consiinotion ot
dm State, as one ol the sovereign pm ties to the 1
Constitution, any moio than the State Govern- ti
m.-lit would have against the people of dm State, v
m their sovereign capiu ity, dm le.ation being tim <>
same between tin m. Titut such would ho the d
case hetween agent and principal, In die ordina- a
ry transactions of life, no one will doubt, nor A
will It he possible to assign a reason, why it is p
not as a| plicahle to the case of Government, as pi
to that of mdiv iduals. Tho ptincipln, In fact, vv
si rings from the relation itself, and is applicable in
hi it in all its forms anil characters. It niav w
however, he proper to notice a distinction he! g*
tween the case of a single principal and his at
agent, and that of seve.al principals and their pt
; j lit agent, which might otherwise cause some si
confusion. In both cases, as between dm agent
and a piincipal, the cunsliitction of die principal, jo
whether he be a single principal, or one of save- ai
nil, is equally conclusive: but, in the latter case, pa
I. odi the principal arid dm agent bear relation to an
■ —■—
the other principals, which must ho ''‘Jj-® I ’.,' 1 ", 1 ”
the estimate, in order to understand fully '>>«
results which may grow out ot tho contest to.
power between them. Though tiie oonsliac
tion of the ruincipal is conclusive ogamst Me
iuint agent, as between them, such isi not (he
case between him and bis associates. 1 bey oo 1
have an e(pial right of cunslniclion, and it would
be I lie duly of the agent to bring tho sut.j set bo
fore lll** |>rinnij)al, lo bo adjusted according o
the :erms of the instiumeiil ol association, an o
the principal, lo submit to such adj isiinent.
It sue 1 1 cases, the contract i’seif is the law,
win Ii must dete-ndao tho relative rights and
powers of the parlies to il. Tho General Gov
ernnent is a case of joint Ogcsay—tho joint agent
of tie twenty four sovereign Slates. ~ <,n,a
bo : ls duty, according lo the principles estab
lished in such cases, instead ol attempting to
on Mr co its construction of its powers, against
that of the Slates, lo bring the subject befoie trio
Stales themselves, in the only ham which, ac
cording to the provision of the Constitution, it
can bo, by a proposition to amend, in die man
lier a escribed in the instrument, to he acted on
by tiem ifi the only mode they can, by expressly
-raning or withholding the contested power.
A-finsi tins conclusion there can be raised but
oimobjection, that die Slates have surrendered,
or transferred the right in question. II sucb be
the fuel, there ought to be no dilhculty in eslab
li-liin" it. The grant of‘.he powers delegated
is contained in a written instrument, drawn up
will, great care, and adopted with the utmo.-l
deliberation.- It provides that the powers not
granted, are reserved lo the Status and the pen
pie. li it bu surrendered or transferred, let
then the grant be shown, and tho controversy
terminated, and surely, it ought to lie shewn,
plainly and clearly shewn before the Siab-s are
asked to admit what, if true, would not only m
vest them of might, which, under all ns loijns,
belongs to the principal over his agent, unless
surrendered, but which cannot he surrendered,
without, in effect, and for all practical purposes,
icversing the relation between them ; putting
tiie ageia in the place ol the principal, and tbe
principal in tlialot ibe agent; and which would
degrade the Slabs (rum the high and sovereign
condition which ibey have ever held, under cv e-
ry form of their existence, to he more subordi
nate and dependent corporations, lint, instead
of shewing any such grant, not a provision can
be found in the Constitution, authorizing the
General (jorennnent to exercise any control j
n haleeer over a Stulu, by force, by veto, by , pi- j
diri:d process, or in any other form—ft most im
portant omission, intended , and net accidental',
and, as will be shewn in dm course of these te
maiks, omitted by the dictates ot dm pioluuud
cat wiudonr.
Tim journal and proceedings of the Convert
tion which formed the Constitution, afford abun
dant proof, that thcie was in that body a power
ful parly, distinguished fur talents and influence,
intent on obtaining for the General Government,
s grant of the very power in question, am that
they attempted to edict lids object in all pose!
iiiu ways, but fortunately without success, the
first project of a Consliiulion submitted to the
Convention (Gov. Randolph's) eviinaced a pro- .
position to grant power, ‘-to negative ail laws, |
contrary, in the opinion of the National Legists- |
lure, to llty articles of the Union, or any treaty j
subsisting under the anthomy ol dm Union; and
to call forth the force of dm Union, against any
member of the Union failing to In'fil its duly un
der die articles tlmreot,” The next project sub
milled (Charles Pinckney’s) contained a similar
pinvision. It proposed ‘-that the Legislate, col
the United Stales should have the power to re
vise dm laws of the several Stales', dial may be
1 supposed to infringe tlm powers exclusively de
legated by this Constitution !*» Congrt sa, and in
negative and annul such as do.” The next was i
■ .:,i;i-.-i;-k.Uv Ai. iViicisoo ol N. Jersey, which
*T qy*. soai"» t oi pocvcoi toe caarymp imu-j
ion such acts or li cades” (ofttm Union) I
Lxccntivc shall be nuthu: i/.ed to call
"Wilt the powers ofthe Confederated Stales, or
so much thereof, as shall be necessary to enforce
or compel die obedience to such acts, or obser
vance to sucli treaties.” Gen. Hamilton's lid
lowed next, which provided that 11 all laws of
tho particular Stales, contrary to the Constitu
tion or laws ofthe United Stales, to be utterly
void; anil the bettor to prevent such laws being
passed, the Governor oi President of each State,
shall be appointed by the General Government,
and shall have a negative on the laws about to
be passed, in the Stale of which bo is Coventor,
oi President.”
01 rrcsiueni.
At a subsequent period, a proposition win
mnviol .uni referred to a committee, to provide
that “the jurisdiction of the Supreme Court shal
extend to all contioversics between the Luilei
Stales and any individual iSlalc;” and at a still
later period, it was moved-to grant power “to
negative all laws passed by I lie several Stales in
lettering, in lire opinion of the Legislature, will
llw general Ir irmony and interest ol the Union,
provided that t wo-thirds of the me nr bets of eucl
house assent to the same which, after an in
tilldual attempt to commit, was withdrawn.
1 do not deem it necessary to trace through tire
journals of the Convention the fate of these vari
ous propositions. That they were moved, and
tailed, is sufficient to prove conclusively, in a
nnimier never tube obliterated, that lire Ounvun
lion, which framed the Constitution, was oppos
ed to granting the power to the General Govern
inent in any form, through any of its Depart
ments, Icgi lalive, exccntive.ur judicial, to coerce
or control^, a State, though proposed in all con
ceivable modes, and sustained hy the most tal
ented ami iiitliicxitiiil members of the body.
I‘liis, one would suppose, ought to settle for
ever the question ol the surrender, or transfer ol
the power, under consideration; and such in fact
Weald bu tile case, vveie the opinion of a large
pm lion ol the community not biased, us in fact
it isj by interest. A majority have a direct in
terest in enlarging the power oftlio Government,
itnd the interested adhere to power with a perti
nacity which bids defiance to truth, though sus
laiiiecj by evidence, as conclusive as inatheinat
ical demonstration; and accordingly, the advo
cates of the powers ol the General Government,
notwithstanding* the impregnable sticngih of the
proot to the contrary, have boldly claimed, on
construction, a power, the giant of which was
so persevei ingly sought, and so sternly resisted
by the Convention. They rest the claim on the
provisions in the Constitution, which declare,
“ that this Constitution and the laws made in
j ursuanco llieieol, shall he the stipieino law of
the laud, and that, “ he judicial power shall
extend to ah eases in law and equity arising uu
•ter this Constitution, the laws of the United
Slates, ami treaties male, or which shall be
made, under their authority."
I do not propose to go into a minute examina
tion of these provisions. Til y iiavc lieeu so li e
qm.iiily and so ably investig itod, am! it has been
so clearly shown that they do not wan n.t ihc
assuinptiun of the power claimed for the Gov
ernment, that I do not deem itnecess.ny. 1 shad
therefore confine myself to a few dcla'ched re
ina: us. •
1 h ive already staled, that a distinct proposi !
lion vv.-is made to confer the very power in con
l.oveisyon the Supicmo Colin, xvhieli tailed;!
v'. oidi ol itself, ought to overrule the assumption
>1 the power by construction, unless su lamed by
bo must conclusive arguments; but when it is
tddod, that this proposition was moved l iiUiii 1
August) subseqm ut to the period yfadopting the :
nov tsions, above cited, vesting the com l wit'll its
u-esoiil powers, (Iddi duly,) and dial an t libit
•vas made at a still later period, August) lo
uvest ( engross with a negative on all stale laws *
v Inch, m ns iq inion, might interfere vviih ihc i
tonerid interest and harmony of the Union, the
iiguiiicnt would seem 100 conclusive against the
lowers of the court, lo bo overtoiled = by cmi
liuelion, however strung.
Passing by, however, 'this, and also the ob
-ximn that the terms cases in law and cguiti,
le technical, embracing only questions between
arlies, amenable lo the process of the court i
t:d ol course, excluding questions between \
tho Stales and the General Government; an •
argument which has never been answered; 1
tbore remains another objection perfectly con- 1
elusive. I
Tho construction, winch would confer on tho '
Supreme Court the power in question, rests on I
the ground, that the Constitution has conferred <
on that tribunal the high and important right ol :
deciding on the constitutionality of lotos. That 1
it possesses tins power, Ido noi deny, but 1 do I
1 utterly, that it is conferred by the Constitution,
cither by the provisions above cited, or any I
other. It is a 1 otver derived,.not from the Con- t
stitminn, but from ilia necessity oflhc case; and '
s., far from being possessed by the Supreme 1
Court, cxclu>ivety, or peculiarly, it not only
belongs lo every Court of tho country, high or
low, civil or criminal, but to all foreign Courts,
, before which a case may be brought, involving
the construction of a law, which may conlhct
. with the provisions of the Constitution. The
. j reason :s i-t-In. Where tlimo aro two sets of
t j rules presetibed, In the same sub
. | jeet, one by a higher, and the other by o.t, infc
, rior authority, the judicial tribunal called into
t decide on tho care, must unavoidably detei mine,
shunld they conflict, which is ihe law; ami that
1 necessity compels it to decide, that the rule pre
scribed by the inferior power, if in its opinion,
1 inconsistent with that of the higher, is void; be
J _ j (| lu con diet between the Constitution and a law,
] or between a charier, and tbe bye-laws of a
.j | corporation, Tito principle, cV- source ol author!-
i | ly, arc the same, in both cases. Being derived
it I from necessity, it is restricted within its limits,
i ! and cannot pass an inch beyond its narrow con
:t ; lines of deciding in a case before the Conrt,(and
y of course, between parlies amenable to its pro
i, cess, excluding thereby, political questions,)
« which ol the two is in reality the law, the act of
i Congress, or the Constitution, when, on their
i, face, they ate inconsistent ; and yet, hour this
.j resulting, limited power, derived from necesst-
I, ly, and held, in common with every Court in
I tho wot Id, which by | ossibility may take cog
g nizunco of a ettse involving the interpretation of
,c our Conslilulion and laws, il is attempted to
il confer on the Supreme Court, a power, which
n would work a thoiongh and radical change m
*. our system; and which power was positively
; lofn.oil !,»• tin* ( 'tilt V ('ill <1 I.
rctu-ed by tlm Cotivon'o i.
The opinion, that tlm General Government
[ms the right to enforce its construction ol its
powoisagainsl a St itepnuiy mode whatever, is,
! in truth, founded on a fund:,mental inUconcep
I dim of our system. At tins bottom of this, unit
in fact, almost every other misconception, as to
dm relation hetween the States and tlm General
Government, lurks the radical error, that the
latter is a national, and not, as in reality it is, a
confederated Covetaimcnl: and that it dm ives its
powers from a higher source th mdm Stales.
There arc thousands, influenced hy these im
pressions, without being conscious of it, and w ho
w hile they believe die motives to be opposed to
consolidation, have infused into their conception
of our Constitution,- almost all the ingredients,
which enter into that fn;ni of Government. The
striking dili'arencir between the present Govern
rnont, and that under the old confederation (1
speak of governments, us distinct from conslitu
I lions) has mainly contiibulud to this dengetous
j impression. Cut, however dissimilar llieii Gov
| eminent!*, dm piesenl Constitution is ns far re
! moved from consolidation, anil is as sh icily, anil
| ns purely a eonfedei ution, as the one which it
superseded.
Like the old Confederation it was formed and
ratified by Stale audicrily. The only difference
' in this particular i--, that ore was ratilmtl hy dm
people of dm Stales, the other hy the Stale Gov
ernments; one funning mine sliiolly an Union
of the Stale Governments, the oilier of die
j States llieiiiselve-; one of dm agents exe.ci- lng
I the powoi -t of sove. * ignly, and the other of die
i soveieign themselves; toil both were Unions ot
T-Mm,:-.<r~iiucciii,i u . sr. ;, f ih 'ef'hl'-t 1 " ! ;lt [ o'"p ofile.
I jederatnns ; !.t,i i
t sense, thuii that ‘*-r':,o it succeed*,..!, pist its'iim
act ol « soveieign is higher anil more perfect,
llml ilia! ofl.is eg. id, and it was doublers, in
reference to d:i. yjjffe. cnee, that the preamble of
dm Constitution, and the addressolTlm Conven
tion, laying the Constitution before Cong.ess,
speak ol consolidating and put fueling da- Union;
yet this difl’erence, winch while it elevated the
General Government, in relation to die Si,.to
Governments, placed it more immediately in die
relation ofthe emit re and agent if the’ Stales
ilmtnsolves, by a n aural mistoneu|dn n, lias been
tlm piincipal cause of die impression so previi
la> II I ill., ililik. 1... Ilf. al'iL . Oi . I ■ .1 /* •
lent, id die iidui uu ny oflho .Stales to the Gem ral
as Governmem, and olThu consequent right oflho
le latter 'o coerce the foiaior. liaise >J from below
ill ' the Slate Governments, it was conceived to be
-d | placed above the States themselves,
ill : 1 have now, I tmst, conclusively shewn that a
10 Stale has a right, in her sovereign capacity, in
ii- | Convention, to declare an unconstitutional m t c.f
th j Congress to bo null and void*, and that such de-
M . claralioii would be obligatory on her citizens as
di highly so as the Constitution itself, and conelu
a- sivo against the Genera! Government, which
would have no right lo enforce its construction of
w its powers, against that of (he Slate,
i- 1 nest propose to consider the practical effect
d ol the exercise of this high and important right,
a which, us ihc great conservative principle olTitir
i system, is known under the various names of
s- Nullification, Interposition, and Slate V. to, in
i reference to its operation viewed under diffbr’ent
t- aspects. Nullification, as annulling an uucon
e stilution <I act ol the General Government, as far
i- as the S ato is concerned; interposition, as
I- throwing the shield of protection belwecff* the
; - citizens el a Stale,and the encioaclunents of the
r Government; and Veto, as arresting or inhibit
>t ! mg its unauthorized uct-s within the limits oflho
ut State.
1 fie practical effect, could the right bo con
it sidcred as one lolly recognized, would ho plain
i- and simple, mid has already in a groat treasure
t, been anticipated. If tlm State Inis a right,"(hero
1 nillst "* necessity lie a corresponding obligation
" on flic pail ul the Gmicr.il to ac
t- quiesce in i s exercise ; and of cou;so, it would
i- be its limy to abandon the power, at least as far
, as tile State is concerned, and to apj |y to die
o States themselves, according to the form pic
ul scribed In the Consliliilion, te obtain it by a
? S • ul ' l ," lt - 11 S r |"*''?il, acquiescence, then, would he
!l j a duly on the puit of the Slate; and in that
0 | event, the contest would leiiiiinule in corner
> S lln f-' ,i‘ doubt lid constiuctive power, into one
i positively granted ; but should it nut he granted
1 no iillcrnnive would remain fur the General
11 Govciiiini.nl, hut its permanent abandonment.
Ilu cnher event.die controversy would he dosed
1 and iliu Uoiislilnlimi fixed; a result of the ul
* I " ,ost m ‘l "ib,uce lo the steady o; eraiion of tin.
Gov eminent, and the stability „f i) 10 svstem
• and which can never Lo attained under its p re !
scut operation, vviihmii the recognition of tho
1 iighl, as experience lias shewn.
' ; l!lt ‘ adoption of the Cnnstituticn, we
.' l,a '‘ but "tic continued agiiaiiori of consti
i; lu tonal questions, embracing some of the most
■ . nnpin taut powers exercised hy the Government-
I ami vet, in spite ol all the ability and force of '
Higiiimnt displayed in tho various discussions, !
j backed by the high aulhoiiiy, claimed for the 1
, Supreme Lou, I, to adjust such controversies 1
imia single constitutional question, of a , olit'i’ '
cal cl,a. actor, winch has ever been agitated 1
; ''"I 1 ,"" ‘ ll ! s . l ' , ' , g pm ad bus been settled, in ij, ’ !i
I | übhe opinion, except that of the in,cor,slim ‘
tio.iauy ~| the Alien and Sedition law ; and 1
w h.it is rental liable, that wassol.lcd agaiastt/e f
deaconol ll,e Supreme Court, 'ihc icndm- 11
liv t= lo m,crease, an.l not diminish this coidhcl |!
- or j owe,-. N,.vv questions are ycaily added 1
I without diminishing the old, while the contest ,J
oe. nines mere obstinate as the list increases- "
■ und, " hat ,s highly ominous, nto.e sectional. P
is iiniio .mblo, that the Government can last
under lies increasing diversity of opinion, and T.
f.onrS " ,,Cerlal,li >'> as ,u &■ P"' v er, in’ rolu
lum to the most important subjects of legislation; sl
and equally so that this dangerous sTate cari "
terminate, without a power somewhere lo com- al
I :c,) su I lie Government to abandon s
doubtful constructive power?, or lb convert
ilicm into | outlive plants, by amendment , f
the Constirwion; in a word, to substitute Hut
positive grants of the pnrliesjlteinselves, lor tin,
constructive |Ktwers inlorpoluiod by the
Nblbing short ot' this, in a system constructed as
ours is, with a double sclof agents, cm; tor oc'd
and the other for general purposes, can ever
terminate tho conflict for power, or give uni.
Infinity and stability to its action.
Such would ho tlm practical ami happy opera
lion were Ihe right recognised ; hut rtio case
may ho far otherwise ; and as the right is not
only denied, but violently opposed, tlie general
Government so far from acquiescing in its exer
cise, and abandoning the power, as it ought,
may endeavor, hv all the means u tlTiiii its com
maud, to onforceits construction against that of
Ihe State. It is unduf this aspect of the ques
tion, that 1 ntw propose In consider the piacti
cal cff'Ct of the exercise of the right, with the
view to determine which of the two, the State
or the General Government, must prevail in llt'a
conflict; which compels me to revert to some
of the grounds already established.
I have already shown that the declaration of
nullification would he obligatory on the citizens
of the Stale, as much so, in fact, as its declara
tion ratifying the Constitution, testing as it docs,
on the same basis. It would, lo them, be the
highest possible evidence, that the power con
tested u as not granted, and, of course, that the
act of the General Government was uncunstiiu.
tional. They would he bound, in all the rela
tions of life, private and political, in respect and
obey it; and, when called upon, as jurymen, tu
render their verdict accordingly, or, as Judges,
to pronounce judgment in cotilbi mity to it. The
right of Jury trial is secured by the Constitution
(thanks to ihe jealous spirit of liberty, doubly
secured and fortified) and with this iuestiinab o
right—inestimable, not only as an essential por
tion of ihe Judicial liihtlnuls of the country, but
infinitely more so, considered as a popular, ami
still more, a local representation, in that depart
‘ rncnl of the Government, which, without it,
i would he the farthest removed from the con
i irol of the people ; and, a fit instrument to sap
i the foundation of the system; with. I repeat,
this inestimable right, it would bo impossible for
the General Government, within the limits of
I the State, to execute, legally, the act nullified, or
! any other, passed with a view to enforce it;
, while, on the other hand, the Slate would bo
able to enforce, legally and jieiicenhly, its de-
I (deration of Nullification. Sustained by its
> Coil; is and Juries, it would calmly and quietly,
1 but sueces-fully, meet every < librt of the Gene
i nit Gove mneiit, 'o enforce its claim of power.
i Thu result would bo inevitable. Befote the
s Judicial uihun ils of the counlty, the Stale
. must prevail; unless, indeed, Jmy trial could
- be eluded, by the refinement of the court,
j or by some other device; which, however,
a guarded as it is by the rampart* of the
t (’(institution, would, I hold, be impossible.
, Tint .•.ttoni) Ito elude, should it bo made, w add'
3 , itself he nn ouslitu iotial; and, in ti ro, would ho
| annulU d by the sovereign voice of the Sta q.
1 I Nor would the right of appeal 10. the Supremo
Court, under the Judiciary act, avail the G. tie
s rul Government.. If taken, it would hut end hi
-a new trial, and that, in another verdict. ...-tnrg
the Government; but whether it m.y ho taken,
d wutild'he optional with the Sv„,c. The Court it.
•I sell has doci ed, that •„ copy of the recotd is tu
qttisio lo tu view judgment of a ,-l.u‘o Cotlr ; r
d and. if inecsvary, tlie Slate would lake the pu ■
u caution to p. event, by proper enticlm. nts, any
0 meu:.(- of obtaining a copy, lint rs nbiniin d,
•- what would it avail, araitfO the execution of ll.ii
q penal i nacimonls of the State, intended lo ett
e force the declaration of nullification! The Jinlg.
g tin n: of the State Comt would be pronounced ,(•
e executed befit: e tin) pes-ihiltly of a rove-rsal, a,d
if executed, 100, witlioltl i cspoiisihUit) ipcunud by
(• ii(3(.owi:... ■
. y, ‘mrpwrm,- rmT ifJmmi n ■
C ; >il "' cl1 " 11 '“.abandon ns
or roso I t»» force
, a resort, the cltlli. ully (1 was about Ui.s.tytl ~
ii impossibility) of wl»|< li. would vory s< on Inly
1 manifest itself, should folly, or nmdness, ever
- make tho attempt,
, In considering ibis aspect of the cont oversv
; I pass over the fact, that the General Govotic
i me lit lias no right to resort to force against a
j State—to coerce a sovereign member of the Un
e Kill, v. nie.lt, ( trust,.! have established hey..ml
s all possible doubt, Let it, however, bo defer.
11 10 n«o force, and the dtllicully would be
- mstir mount able, tinlusa, indeed, it be'also deter
1 mined to set aside the Constitution, and to sub
a voi t tlie system to its foundation.
Against whom would it bo applied ? Con
i’ l ,a s, it is true, the right to call forth the
Mi.ilia, 1 ‘ to execute tbe laws, uttd suppteis in
i sniToctioris;” but there would be no law re
-1 ststed, Unless indeed, it be called resistance fur
the ju. ies to refuse to find, t.nd the courts lo
re mu* i judgment, in celifonnily lo the wishes of
3 'ke General Government; no insurrection to
Mij press; no armed (< »r c<? to reduce; not a sword
jmsfieallted; not a bayonet raised; none, ahso
-1 finely none, on whom force could boused; ex
cept it be on the unarmed citizens, eng iged
. peaceably and quietly, in thoir daily occupations,
i No one would be guilty of Iteasmi, (“levying
vv.it against the I iiited .stales, adhering to lltei.
enemies, giving them aid and comfort !”)orany
i oilier crime, made penal by the Constitution, or
: the laws of the U. Stales.
To suppose that fotce would be called in, im
’ phos, indeed, a great mistake, both as to the mi
-1 luro 01 °'ir Government, and that of Hie contro.
vetsy. It wool.l be a i.’gab and constitutional
contest, a conllicl ol moral and not physical force
- ait ial ot const it u t iivti 1 1, not military power, to
he decided before the judicial tribunals of the
country, and not on the field of battle. In such
contest there would ho no object for fotce, out
Ihose peaceful tribunals— nothing on which it
ceil'd he employed, hut in putting down courts
md Junes, and preventing the execution of judi
eial process. Leave these untouched, and all the
mt!"ia that could be called for th, hacked by a re
gular force ot ten times the number of our small,
l "" (■' 'Han! mid patriotic army, could not have
the she blest died on the t esult of the controver
sy : but, subvert these by an armed body, and you
subvert the very foundation of this, out free, con
stitutional and legal system of gov or lime til; and
K ilt in its place a military despotism.
I'eeling the sot ce of these difficulties, it is pro
posed, with the view, I -upposo, ol’ disembarrass
'eg the operation as much as possible, oftbe trou
blesome inlerfe once of con.ls and jm its, lo
eh mge the scene ol coercion from land lo water,
as tl the Government could have one particle
more right to coerce a stale by water than by
land; but unless 1 am greatly deceived, the dilii
cully on that element, will not be much less than
on the other. The jury trial, at least the local
jiny tiial, (Hie trial by the v outage,) may indeed
he evaded there; but in its place other and nut
ni'tdt less formidable obstacles must bo encoun
tered.
i here can lie lint two vnodes of coercion tesor.
•ed lo by water; blockade, and abolition of the
I oris ol entry of the Stale, accompanied by po
ll'd enactment?, authoiizing seizures for entor
lr,n 'fi (! waters of ihe Statu. If the former ho
attempted, fucro will he other parties besides
the General'Government and the Stale. Block
ado is a belligerent right. It presupposes a stale
of war, and utde-ss there ho a war (war in dna
Im in, as prescribed by the Constitution) the order
for blockade would no! be respected by other
naiiun* or their subjects. Tlmir vessels would
j uncord directly foe tint blockaded port, with cer
lain prospectsol gain; if seized, under ihe order
ol l» lout ado, ibiou i) i i iJi ti claim of indemnity, a-
iho Genera! Oovemmcni; and, if not, by a
***li «*i without the exaction of du ies.
Ibe other mode, the abolition ol the j ortot’
£J} ,r . v of State, would also have iu diflitullies.
I bo Constitution provides that if no preference
shall be given by any regulation of commerce, or
i e venue, to the j oris ol one Slate, over those of
Mother; nor shall vessels bound to or fioin one
be obliged lo enter, clear, or pay duties in