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SENATE.]

Mr. Foot's Resolution.

[MARCH 30, 1830.

sident of the United States, in every particular, into full the hearty approbation of every one who sincerely loves and effectual execution."

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'Meeting, Faneuil Hall, 16th July, 1807. "Mr. ADAMS, Chairman of the committee. "Resolved, That we consider the unprovoked attack made on the United States' armed ship Chesapeake, by the British ship of war Leopard, a wanton outrage upon the lives of our fellow-citizens, a direct violation of our national honor, and an infringement of our national rights and sovereignty.

Resolved, That we most sincerely approve the proclamation and the firm and dispassionate course of policy pursued by the President of the United States, and we will cordially unite with our fellow-citizens in affording effectual support to such measures as our Government may farther adopt in the present crisis of our affairs."

the peace and prosperity of the nation." The Senate and House of Representatives replied, that "the prompt acceptance of the overtures of Great Britain meets the approbation, and will ensure the support, of this Commonwealth." These sentiments seem to indicate that the opposition heretofore had been founded in principle, and not in political hostility to the Executive. The arrangement was disavowed by the Government of Great Britain, and the non-intercourse restored. Mr. Adams left the country on a foreign mission, under the appointment of Mr. Madison. He was absent during the war, and officiat. ed as one of the American ministers in negotiating the treaty of peace. He returned in 1817, and was appointed, by Mr. Monroe, Secretary of State.

It is farther charged that the Legislature of Massachusetts, in 1813, resolved, that the admission into the This was an insult to our flag, and an outrage on our Union, of States created in countries not comprehended sovereignty; it was an affair between our country and a within the original limits of the United States, is not auforeign nation; they sacrificed all party considerations. thorized by the letter or spirit of the constitution; and When Mr. Adams came to Congress, this affair not atoned that it was the interest and duty of the State to oppose the for, he made good his promise; he determined to support admission of such State into the Union, as a measure tendthe administration in any course they might adopt to vin- ing to a dissolution of the Union. And it is said I adhere dicate the honor of the country. The President recom- to a party opposed to the admission of Louisiana into the mended the embargo, and Mr. Adams gave it his unqua-Union. Sir, is that in any sense true? What have I to lified support, because he believed it a wise and prudent do, or any existing party, or Mr. Adams, with the persons measure of precaution, and because he was unwilling to who opposed the acquisition of Louisiana, twenty-seven thwart the views of the administration for party purposes, years ago? They are all gone from the theatre of public and because he had solemnly pledged himself to give affairs. Mr. Adams was not united with them, and they effect to such measures as the Government should adopt have ceased to exist as a party. It is seventeen years since upon its responsibility. the passage of this resolution. Mr. Adams was not in the country. The interests and passions and excitements of that day have passed away; new men and new parties have arisen, with different principles and other views. New England was revolutionized and republicanized, as you may see by her delegation here, many of whom have been personally alluded to on the floor. Massachusetts did not declare it a palpable violation of the constitution, and that she had a right to put forth her veto, and annul the act. And, sir, what is there to connect me in any party with this resolution, that does not equally attach the gentleman himself to the anti-tariff resolutions of South Carolina, and make him responsible for them?

The measure, no doubt injurious to the Northern interests, became unpopular, and Mr. Adams, in obedience to his principles, resigned the trust into the hands of his constituents and retired, but continued, in private life, to give his advice and opinions to the friends of the administration, when required, upon the difficult questions that arose in that crisis of our affairs.

The embargo locked up the navigation, and destroyed for the time the commerce, of the North. It produced great private distress, and ruined thousands. It is not, therefore, extraordinary, that a measure so severely felt should have been opposed. They believed an embargo, without limitation of time, that destroyed commerce, to He, [Mr. Adams] has been charged with sacrificing the be a violation of the constitutional power of Congress to interests of the country, in establishing the western boundregulate commerce. They submitted the case to the ary, in the treaty with Spain. This charge has been reitcourts--it was decided against them, and they acquiesced. erated through the papers of the West, where it has been But the opposition to the embargo grew out of their sense greatly misrepresented or misunderstood. That negotia of their own interests, and not from mere political hostili- tion was conducted with great ability, and our title to the ty. The embargo was repealed, and the non-intercourse River Grande fully sustained. But it was the object of the substituted, in March, 1809, which led immediately to the Spanish Government, in ceding Florida, to save the proarrangement with Erskine, upon which all parties express- vince of Texas. Her minister proposed the Mississippi ed the highest satisfaction. Mr. Randolph moved, in the as the boundary, and adhered to that proposition; he seemHouse of Representatives, "that the promptitude and ed determined not to yield any thing beyond that line. frankness with which the President of the United States The great importance of securing Florida induced our has met the overtures of the Government of Great Britain minister to propose the Colorado, which was rejected towards a restoration of harmony and free commercial promptly. At this point, the negotiation came to a pause, intercourse between the two nations, meet the approba- and its entire failure was anticipated. The subject was reconsidered by the cabinet, and a compromise was pro

tion of this House."

The federal members now expressed their hearty ap- posed, and at length accepted, which fixed the boundary probation of the President, and thanked him cordially, for at the Sabine River. This was done to secure the Florithe country. They said: "The promptitude and frank-das, and after every means had been tried in vain to obness with which the President has met the overtures of tain a greater extension of our limits. It was done by the Great Britain, while they receive the applause and gra- whole of the cabinet of Mr. Monroe, upon full considerstitude of the nation, call not less imperiously for an une- tion of all the great interests it involved, and was finally quivocal expression of them by the House." approved by the Senate.

The Governor of Massachussetts said to the Legislature-"We have great reason to indulge the hope of realizing those views (arising from a revival of commerce) from the prompt and a micable disposition with which it is understood the present Federal administration have met the conciliatory overtures of Great Britain--a disposition which is entitled to, and will certainly receive,

Sir, I have aimed to set the character of Mr. Adams fairly before the Senate, and to vindicate him from the imputations cast upon the North. He has filled the highest stations at home and abroad, at the most critical junetures, with the greatest ability; possessing a mind so firm and so balanced as to preserve its independence and its principles free from all political influence; he has advo

MARCH 30, 1830.]

Mr. Foot's Resolution.

[SENATE.

cated the best interests of his country, and avoided the er- fer the slightest change, whoever may be called to preside rors of parties. He supported the two great leading mea-over it.

sures of Mr. Jefferson's administration. He represented The present party in power is a mere personal party; this country abroad during Mr. Madison's term, and par- it is composed of men of all parties, who never agreed in ticipated in the treaty of peace. He was eight years in any measures of administration before. Nay, it is composthe Department of State, and negotiated the Florida trea-ed of men of opposite principles, and of the most heteroty; he has been four years at the head of this Govern-geneous elements--men who may combine, but can never ment: a man of great learning and experience--of un-adhere. It was formed for good reasons, no doubt; but it common grasp of mind--of indefatigable labor. And now, was, at best, a mere personal preference of one man to ansir, it is said," the Senator of Louisiana adheres with a other. Now to change sides requires no change of politi generous devotion (I call it generous, for it survives the cal principles, and may greatly advance a man's fortune; downfal of its object) to that party that passed this reso- besides, it is a stale, unprofitable thing, to be struggling lution." against power and numbers, in a hopeless minority, and working in that barren field where there is neither Executive favor, nor popular applause, nor public honor.

beyond that may no doubt obtain them in that mode.

It may well excite the surprise of the gentleman, that, with the examples before him, and with the temptations before me, I have not also deserted the party, after the downfal If the condition of adhering to the Executive is to sacriof its object. I have the weakness, no doubt, of other men, fice principles to sustain his measures, then it is a danger and all the motives of interest and ambition that govern ous connexion, and will produce the most fatal effect. It them. My support of that party was founded in princi-is to make one overruling power in the Government--a ple, and was disinterested. They who supported this power capable of drawing after it every other power, even cause from motives of interest or ambition, may desert it the power of the people. And if the President, armed without any violation of their principles: for it will be their with the extraordinary power now claimed, over all the principle to desert any cause, as soon as it ceases to be offices, emoluments, and honors, of the Government, does their interest. not draw after it the Representatives of the people, and If it is meant that I have not deserted the object of the the aid of the press, it is because they are above the influ party, in consequence of his defeat, it is correct. I did ence. And if adherence to a party produces no effect, not ride into favor on his popularity, and then desert him: and lays us under no obligations or restraints, and we preI did not watch the ebb of his fortune to throw myself serve our independence, and vote as we please, I can peradroitly into the current, and swim with the tide. Sir, Iceive no great use in changing sides, or changing names, want the moral courage to desert a cause, or betray a party. so far as the country is concerned: those who have objects I could not encounter the averted eye, the cold disdain, or the indignant scorn, of my friends: I could not bear my The gentleman has said we were once together, and inown self reproach, or the odium of the public, from which timates a wish that we may meet again. Sir, it is not at no man can escape--he can never be forgotten for his deser- all improbable. Those who travel in opposite directions tion, nor forgiven for his treachery. I am less surprised, on the political circle, are sure to meet. The changes of when I see all the offices, emoluments, and honors, of the public opinion and the combination of parties are so raGovernment distributed among the victors, at the facility pid, that no one can foretell where or with whom he may with which pledges were violated and the cause betrayed, be found. When I look around, and see who are togeththan the gentleman can be at my adherence. It was no er, and how we have been separated, and remember where want of sagacity in me. I can calculate chances and ba- you have all been, I cannot be surprised at any thing that lance probabilities as well as those who know better how may occur. When I see the republicans, and federalto avail themselves of their talents: and if I could not, I ists, radicals, and liberals; when I remember how you had as much intelligence as the Dutch Governor of New stood in 1821-2, and how in 1824, and see how easily you York, who could always tell which way the wind blew by came together, I do not despair of again meeting many of the weathercock. my old friends. When I remember the open hostility and secret plots, the charges and criminations, the violence and abuse, and now witness the reconciliation, the harmony and union, I am ready to acknowledge the wonderful and magical effect of the spirit of party, which can soothe the irritation and heal the wounds it makes. It is a panacea perfectly infallible, no matter how furious the strug. gle, or how violent the conflict.

When the Presidential election terminated, leaving one party free, every one saw it threw the balance of power into their hands; and those who understand the springs of humanaction know the invariable law by which minorities combine. When it was known that one party had ninety-eight votes, and that thirty-three would turn the scale, it required no mathematician to calculate the chances; and when I heard a voice, saying, "the combinations are nearly complete!" I was at no loss in making my calculations. It required no magician to work out the results: it was as plain as that two sides of a triangle are longer than the third side. When things stood thus, in January, 1826, we were not surprised that those who knew the signs of the times should desert us. We knew there was a tide in the affairs of men, which must be taken at the flood. We knew they would desert us, exactly as the chances increased, and we are not disappointed at the great accession in a certain quarter, since the event is no longer doubtful. When the rats began to leave the ship, I was warned of the danger, and if I did not avail myself of it, to seek safety in time, it was my own fault.

But, sir, that contest is over. My principles have undergone no change. I shall vote for all public measures, and take the same interest in them, and act with the same zeal, I have always done. I have kept my mind free from the spirit of party, and above the influence of political feeling. I trust my principles, and my political opinions, and my views of the great interests of the country, will never suf

I intended to have spoken upon several subjects of great public interest in relation to the lands, but I find I have not time. It was my purpose to have taken this occasion to show the power of Congress over the public lands. That the lands were "ceded to the States to be disposed of for the common benefit," before the adoption of the constitution, and are held only under this obligation to dispose of them, and not subject to any restrictions and limitations of the constitution. What the common benefit is, must depend on the determination of Congress. Under this construction, Congress have made contracts with the new States, and have given land for schools, colleges, (when they could not give money under the constitution) for roads and canals, and other objects for the public benefit. I shall take another occasion to present my views on that subject, to show to what various and useful purposes they may be applied.

I proposed, also, to have said something about the changes proper to be made in the land system, after the payment of the public debt. I will merely say, that the present price ought to be retained for the sales, so as to

SENATE.]

Mr. Fool's Resolution.

[APRIL 2, 1830. prevent the purchase of large quantities of land in States, The people are told that the laws are unequal and op. by individuals, on speculation. That the actual settler pressive; that they are palpable, dangerous, and deliberate ought to have it for half price; that as soon as practicable violations of the constitution. There is a general tenthe lands ought to be classed, and the price graduated to dency to bring the Government into contempt, and render the quality; that each of the new States, especially Lou-it odious. We hear of the abuses of the power of Conisiana, Mississippi, Missouri, ought to receive the same gress and of the administration. We hear of extravagant quantity of land as the other new States for internal im- expenditure; of bargain, and intrigue, and corruption; of provement, &c. the rigorous conduct of the Government in relation to the lands; of the unequal distribution of money; of wild and profligate schemes of improvement; and we see attempts to excite sectional hostilities. The press groans under whatever can prey upon the minds, and provoke the resentment, of the people.

I will take leave to say, before I conclude, that no law or regulation will hasten the sales of the lands, unless they are sold on speculation. There are a certain number of persons, who annually arrive at manhood, who require about a million of acres of land, and beyond that there is no demand. They must be supplied or they must settle on the public lands, and the easier the terms on which they are supplied, the better for the people and for the country.

Sir, it has been said that this resolution is the last act in that system of hostility to the West, which has made so great a figure in this debate. The honorable gentleman from Connecticut, who performs his duty with great industry and zeal, perceived what had almost escaped me, that we had more than two hundred millions of acres of land surveyed and ready for market; that we only sell about a million a year; and that we should not, at that rate, sell, in one hundred and fifty years, the land already surveyed, and therefore very naturally proposed to inquire into the expediency of stopping the surveys, &c. Sir, it is true we have more land surveyed than necessary; there have been, heretofore, though not latterly, great impositions and frauds practised upon the Government, and there are large quantities of poor land, of pine woods and prairies, that will never sell. This department has been, within a few years, better managed. I think I may venture to say, for the honorable mover, that the idea of retarding the growth or preventing the sales of the land in the West, never entered his mind.

Mr JOHNSTON here gave way to a motion to adjourn.

[Considerable business was transacted on the 31st of March and the first day of April; there was also some debate-principally on the last named day, on a bill to tinguish the Indian title in the State of Indiana.]

Sir, this is not all, nor, I fear, the worst. There is a deliberate attempt to undermine the power and destroy the confidence of the country in the Supreme Court: that great tribunal, upon which this Union rests, is an object of combined attack. This court, created by the constitution for the decision of all cases arising under it, as a common arbiter between the Government and the members that compose it, "this more than Amphictyonic council," it is said, is the creature of the Government, and not the umpire of the States; that it tends, by the course of its decisions, to extend its jurisdiction, and to a consolidation, not of the Union, but of the Government; that there is no security for the States against its encroachinents. It is said that, "after the Book of Judges, comes the Book of Kings;" and high authority is quoted to show that "they are the sappers and miners of the constitution." Examples of tyranny, drawn from the worst times of judicial history, are presented, and the victims, carried from the dungeon to the scaffold, are exhibited, to excite prejudice and disgust. It is said they are always the tools of power; that they have never been independent; that they are a "subtile corps,' ""working under ground to undermine the foundation of our confederated fabric;" "that they have been, with constancy and silence, like the approaches of death, sliding onwards to consolidation, giving a diseased enlargement to the powers of the General Government, and throwing chains over State rights;" "that they will lay all things at their feet."

Sir, this is not all. The gentleman from New Hamp ex-shire has boldly charged the court with prostrating the rights of the States, and has enumerated the cases. And how have they prostrated the rights of the States? By assuming a jurisdiction? By improper construction? By erroneous opinions? Neither are pretended: but, because this court, in protecting the rights of the people of other States; in guarding the Union against the exercise of theinMr. JOHNSTON addressed the Senate, in continua-hibited powers by the States; in maintaining the constitution of his remarks, commenced on the 30th March, until

FRIDAY, APRIL 2, 1830.

The Senate resumed the consideration of the resolution of Mr. FOOT, and

four o'clock.

tion and the laws of the Union, and preventing the violation of the obligation of contracts-the very object of its instit Mr. J. said he saw rising in this country a new party, tion--decide against the claims and rights of the States, it is under a new organization, and under high auspices, that, said the States are prostrated; that the court is "putting whatever may be its aim or its object, tended inevitably to chains on the States," and "laying all things at their feet." weaken the bonds of the Union-a party founding them- Sir, if these judgments were crroneous, they would be selves upon State rights in contradistinction to the rights impeached; if the authority was assumed, it would be of the General Government. Under this banner was seen challenged. It is a power expressly confided to them; a systematic and combined attack upon this Government, and how could this Government move a day without a that would destroy the confidence and undermine the affec- supreme tribunal to decide all controversies of this kind? tions of the people. And yet it remains to be seen whether this court, created All the objections urged to this constitution before its by the constitution, without power or patronage, de adoption [said Mr. J.] are revived, to create prejudice pending upon its virtue and talents to sustain itself in and excite alarm. We are told there are no checks; public opinion, and which is essential and indispensable "that it is an uncontrolled majority, and an uncontrolled to the existence of this Union, can stand against these majority is a despotism." It is said to be a foreign Govern-numerous, combined, and powerful assaults; or, whether ment, and that the States are foreign to each other. It is public confidence will be destroyed, the authority of the said to claim unlimited powers; to aim at encroachment up-court impaired, the constitution become a dead letter, and on the proper powers of the States; that it tends to a great the Union dissolved by its own weakness. consolidation, that will annihilate the States and destroy the The people have an habitual and cordial love and veneliberty of the people; and, that the only means of pro-ration for the State institutions, under which their pretection, for the people and the States, against this over-perty, their liberty, and their happiness, are secured; weening despotism, is the power to negative her laws. there is no feeling of jealousy or hostility to them; there

APRIL 2, 1830.]

Mr. Foot's Resolution.

[SENATE.

is no meditated attack upon their rights or privileges. By the constitution, checks and balances were provided; We are all the'r guardians. But this General Govern- majorities required; a veto conferred on the President; ment, which is designed to protect the States; to guard and a Supreme Court, to decide all questions under the them from danger from abroad; to secure them domestic constitution. All which were ridiculous precautions, if tranquillity at home; to give them peace and commerce; each State could exercise the veto, decide all questions for is not so ardently cherished. There is less attachment; herself, and annul the expressed will of the majority. more jealousy of its power and encroachments: more And what then becomes of the great political maxim, centrifugal tendencies. The tie that binds the Union is that absolute acquiescence in the decisions of the mamore feeble; many causes are operating to weaken t; and, jority-the vital principle in republics--from which there openly assailed from every quarter, it remains to be seen is no appeal but to force, the vital principle and the imwhether the people will defend it, or whether it has en-mediate parent of despotism!”

ergy to preserve itself.

If this veto is the legitimate right of a State, she ought It becomes the duty of every enlightened statesman not to be controlled, resisted, or coerced. She may thereand patriot to "support the State Governments in all fore peaceably withdraw from the Union, and must their rights, as the most competent administrations for virtually dissolve the Union, because the laws must our domestic concerns, and to preserve the General Go- cease to operate, (the tariff for example) unless they vernment in the whole of its constitutional vigor, is the operate throughout; and besides, could the Union consheet anchor of our peace at home, and safety abroad," tinue, separated by an intervening State? This Union and to give to the court as much confidence as vill sus-can then only exist as long as twenty-four States concur tain it firm and unmoved, and unawed, in the legal admin- in opinion. If this principle is true, it ought to have been istration of our affairs. inserted in the constitution. But it was not. And if the

The right of a State in this Union to annul an act of principle is acknowledged, then this constitution was not Congress [said Mr. J.] presents a grave question to our only imperfect in its organization, but is a political monster, consideration. It is a question of the first impression, born incapable of living, and containing a principle of and deepest import; which ought not to be discussed un-self destruction.

der the excitement of party spirit, the influence of passion, The Union must dissolve peaceably, whenever the caor the peculiar circumstances in which any of us may find price, the passion, or the ambition, of a few aspiring men ourselves. It should be approached under a deep sense of of a State may will it, or it must be maintained by force. the momentous consequences to the people, to the Union, It is either disunion, or civil war; or, in the language of the and to the country it involves. times, disunion and blood.

I shall speak on this question, not as a lawyer and a states- It is time to calculate, not the value, but the duration of man--that has been done already, in an able and masterly the Government.

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manner-I shall speak of it as a man and a citizen, whose But we are told no such consequences will ensue. That hopes and happiness are embarked with those of his con- it is a safe remedy-a necessary check--a salutary restraint stituents in this great experiment, "the world's last hope." upon this uncontrolled majority--a new balance in the conIt is now said that the individual States have a veto on the stitution, that will regulate all its motions. As soon as this laws, and, thereby, a power to suspend their operation, new State power is acknowledged, there will be no more by which this Government is made to depend upon the unconstitutional laws, no further encroachment on the will of each and every State. The right of States to annul rights of the States. "The injured and oppressed States the laws and suspend the operations of the Government is will assume her highest political attitude.' She exercises not derived from the constitution, but is a high and transcen- her negative preventive power, she declares the law void-dental power, above the constitution and above all law; it is "the necessary consequence, says the gentleman from an abstraction from the idea of sovereign power, and a re- Tennessee, [Mr. GRUNDY] "is, it must cease to operate in finement on the theory of Government. The people of the the State, and Congress must acquiesce, by abandoning the States have not delegated this veto to the Legislatures; it is power, or obtain an express grant from the great source a judicial, and not a legislative power; if it pertains to the from which all power is drawn. The General Governsorereign power of the State, it must be a reserved power ment would have no right to use force.” "This will at to the people, to be exercised by them in their sovereign all times prove adequate to save this glorious system of ours capacity. But, whether a State, or the people of a State, from disorder and anarchy." The parties claiming to exhave the right to a negative on the laws, is a question to be ercise the power must call a convention of the States, and determined, by whom? By the State? That is to be the judge unless three-fourths of the States will consent to amend in its own cause. Or, to be submitted to the majority of the constitution, and confer the power, it must cease to the people of all the States? or, to the Supreme Court? exercise it. Thus a law passed in the usual form, with It is a "controversy in which the United States are a party." majorities in both Houses, approved by the President, may Admitting the power of the State, and the right to decide be annulled, by the veto of any State, and every power for herself, then each and every State in the Union has a taken from Congress, unless three-fourths of the States constitutional veto on the laws of the United States; then are now willing to grant it. Let us see how this will oper

the General Government must, or perhaps each of the ate. Suppose the twenty-fifth section of the Judiciary Act States must, have a similar power to suspend the laws of annulled, the jurisdiction of the court over all cases any other State, when it exercises any sovereign power provided for by it must cease. Again, the tariff has been that is inhibited to the States, or that comes in collision declared a palpable violation of the constitution; it must, with the General Government; and this also, the Go- therefore, cease to operate; then the Supreme Court must vernment and each State must decide for itself. What not take any cognizance of any case arising under it, and a scene of confusion! Congress must not employ force; it is therefore unnecesAgain: each State, then, and the smallest State, with the sary to resist the laws, and there will be no rebellion or smallest majority in the State, may suspend the laws with- treason. But then there will be no revenue. Congress in her jurisdiction. Then the action of the Government has a right to lay duties for revenue. How much of this must depend on the concurrent will of each and all the tariff is for revenue? for so much it is constitutional, as States. Then the laws made by a majority of the peo-well as duties on articles not made in the country, and thereple, and of the States, may be controlled and counter- fore not for the protection of domestic industry. What acted by a small, nay, the smallest minority. The Go- must be done in such a dilemma? vernment, if it could be so called, would be absurd in theory, and impracticable in principle.

Every power which has been at any time denied to Congress would have ceased. The Bank, after it had

SENATE.]

Mr. Foot's Resolution.

[APRIL 2, 1830. into operation, would have been compelled to shut arise under the new Government. This presented a quesgone its doors, and close the concern. All crimes not enume- tion of exceeding great difficulty; two plans were proposrated in the constitution would be stricken from the sta-ed, one to give power to the General Government to retute book; the embargo would have been declared inope-vise the laws of the States, and the other, the right to use rative; the 25th section of the Judiciary Act would have force. Mr. Pinckney proposed, "to render these prohi been rendered void; the Cumberland road, and subscrip-bitions effectual, the Legislature of the United States shall tions to canals, grants of land, and all Internal Improve- have power to revise the laws of the several States that ment, would have been suspended on the veto of a single may be supposed to infringe the powers exclusively deleState. The Judiciary law could not have been repealed, gated by this constitution to Congress, and to negative and Louisiana and Florida could not have been acquired. and amul such as do."

Such is the vis inertia, that it is extremely difficult to

Mr Randolph proposed-"The Legislature to nega

get more than a bare majority for any measure. Some tive all laws passed by the several States, contravening, do not like its principle or its policy: some are indisposed in the opinion of the National Legislature, the articles of to change: some do not like the time or the mode of pro- unior, or any treaty, and to call forth the force of the posing it. There are always reasons enough for opposing Union against any member of the Union failing to fulfil its any proposition. Most great questions in deliberate bo- duty inder the articles thereof." dies are carried by small majorities. The embargo-the Upon more mature consideration, however, it was dewar--the bank-the tariff, are striking instances. The termined to extend the jurisdiction of the Supreme Court constitution of the United States was adopted in Virginia, to all cases that could arise under the constitution, or the 89 to 79. Her late constitution was passed by a majority of laws, or treaties. It was essential to make the judiciary only 15. It cannot, therefore, be reasonably expected power co-extensive with the legislative power.

that three-fourths of the States will ever concur in grant- The constitution, therefore, provided that the judicial ing any power to Congress that may be previously declar-power should extend

stitution.

ed unconstitutional. The powers of the Government will 1. To all cases in law and equity arising under the conbe constantly frittered away, until it has no power to do good--no means to protect-no energy to act--no principle of union.

But is the theory true, that, when the majority has pronounced, and the presumptuous are all in favor of the law, and it is suspended at the instance of a single State, that Congress are to be presumed in error, and must obtain the sanction of three-fourths of the States? Is it not rather more compatible with the theory and principles of the Government, that the complaining party, the resisting State, should call the convention and make the appeal, and assure herself that she is right? A majority can repeal the law, and save further trouble.

2. To all cases under the laws of the United States. 3. To all cases under treaties made by them. 4. To all cases affecting ambassadors, ministers, and consuls.

5. To all cases of admiralty and maritime jurisdiction. 6. Controversies wherein the United States are a party. 7. Controversies between two or more States. 8. Controversies between a State and citizens of another State.

9. Controversies between citizens of different States. 10. Controversies between citizens of the State claiming lands under grants of different States.

11. Controversies between a State or citizen, and foreign States, citizens, or subjects.

This negative is supposed to be necessary to the security of the States, and the protection of the minority; but its real operation will be to destroy the force and energy Here is power granted to try all imaginable cases that of the administration. "What may, at first sight, appear can be described; all cases in law and equity, admiralty, a remedy, is, in reality, a poison: to give the minority a or maritime jurisdiction; all that arise under the laws negative upon the majority, which is always the case when and constitution, and treaties, and then it extends to all more than a majority is requisite to a decision, is, in its controversies in which the United States may be a party, tendency, to subject the sense of the greater number to and especially those that arise under the constitution and that of the lesser. Congress, (under the confederation) in execution of the laws. Cases, in general, must opefrom the non-attendance of a few States, have been fre- rate upon individuals and corporations, and not upon soquently in the situation of the Polish Diet, when a single vereign States. Thus, for example, under the tariff, if veto has been sufficient to put a stop to all their move- goods are introduced and not entered, they will be seized ments. The sixtieth part of the Union has several times under the revenue laws--then it is a question in law arisbeen able to oppose an entire bar to its operations. This ing under the laws of the United States: if they resist the is one of those refinements which, in practice, has, in ef- seizure, it is opposition to the laws; the courts will profect, the reverse of what is expected from it in theory."-ceed to judgment, and the President is authorized to call [Federalist.] on the Executives of the States for the militia to execute the

The wise men who framed this constitution knew, from laws. If they refuse the militia, on the call of the Presi the defects and infirmities of the confederation, what was dent, then it is the Massachusetts case; if they oppose the necessary to remedy the errors and correct the evils of laws by force, how will they escape the crime of treason, that system. They knew that it had been, in its operation and how will that differ from the Western insurrection? upon States only, totally inadequate to the object of its insti- And all these are controversies to which the United States tution; that this Government must look beyond the States, are a party; if they enter the goods, and suit is instituted and operate directly through the agency of the people, on the bond, the court will hear any defence, but they and upon the people. They knew the necessity of a high must decide, although the constitution, the power of the court, to decide all questions arising under it; the want United States, or the sovereign power of a State, may be of a judiciary power crowned the defects of the confeder- incidentally drawn in: when judgment is obtained and exation. "Laws are a dead letter, without courts to execution issued, notwithstanding a sovereign State may be pound and define their true meaning and operation." interested, by her agents, it must be executed as in the "This is more necessary, when the frame of the Government Pennsylvania case, to which I shall presently advert. is so compounded that the laws of the whole are in danger of It is a suit arising under the laws, and a controversy in being contravened by the laws of the parts."--[ Federalist.] which the United States are a party, and therefore within They knew it was necessary to have a power to decide the judicial power of the courts, expressly delegated by on all cases that contravened the authority of the Union, the constitution. The courts will proceed in the execu and to prevent the exercise of the inhibited powers by the tion of the laws, and in the regular administration of jusStates, and all other questions which it was foreseen night tice. Every law, so far as it acts on individuals, must be

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