Constitutional Whig. [volume], March 23, 1830, Image 4

About Constitutional Whig. [volume] (Richmond, Va.) 1824-1832

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CONGRESSIOBTAL.
SPEECH OF FELIX GRUNDY,
DEClYEnED THE SENATf}
Cl/» Saturday and Monday, the 27</i and 29f/i rf Feb
ruary, 1330.
'Vlie resolution of Mr. Foot, of Connecticut, rela
tive to the Public lands, buing under consideration,
Mr. GRUNDY addressed the Chair as follows:—
Mr. President: So long us this debate was con
fined to the subject matter of the resolution upon your
• iib!c, I felt but little inclination to embark iu it; and
was still Ices inclined to do so* while Senators were
engaged in defending themselves and their respective
States against imputations supposed to have been
lypjf upon them. The field of discussion, howfcver,
h®s been greatly enlarged, and now embraces within
ifs limits many subjects of deep interest to the people
of the United States. Upon some of these topics I
hare opinions to express; tuid replies to make to some
of the arguments of those who hare preceded ine;
and shall also find it necessary to present answers to
allegations, unfounded allegations, which have been
made by others. I have no unkind feelings to gran ;
fy, or accusations to make; yet I must be permitted ’
to declatc my opinions frankly and fully, and to meet i
what lias been advanced by others fearlessly and un- j
moved.
I am gratified, greatly gratified, at the spectacle |
which this debate exhibits. A majority—an admin-j
wtratiftn majority, of an American Senate, contend-!
mg against constructive federal powers, and all those |
doctrines which are calculated to increase the an- J
Ihority of the men now in office, holding in their
hands the reins of this government- This augurs well; I
it has never occurred iu the history of this govern
meat, but once betbre; and of the men who acted in
the civil revolution of 1801, but two remain in our
National councils. It has been the good fortune of
tiid senior Senators of Maryland and Louisiana,
(Afcissss. Smith and Livingston) alone to have acted a
distinguished part at both periods; and it ib fortunate
for this Senate to have both these political Nestors to
direct their deliberations in the great effort no\p ma
king to bring hack the Government to its true, origi
nal. republican principles.
According to the order of this debate, the first in
quiry is, what is the true policy of this government in
relation to its public domain? Or, in other words,
what, disposition should be made of the unsold land
in the Western States? I wholly differ in opinion
with some western politicians, who insist that those
lands belong to the respective States in which they
are situated, by virtue of their sovereignty. I con
fess myself alarmed ut another opinion still more pre
valent, and more likely to prevail, which is, that
these lands belong to all the Slates, and should be
divided amongst them in proportion to their repre
sentation in the other House. Sir, these lands be
long to the Federal Government. In that character
they were acquired,partly by gift, partly by purchase.
The States, as such, have no interest in,or claim up
on them, and if my opinion would be effectual, the
Spates should not receive them, were the general gov- !
eminent to act so improvident Jy and unwisely as to i
make tho offer. I am nnwilling to see twenty four ;
Sovereign States fed upon the crumbs that fall from
tho federal table. I never wish to sec the Stales
pensioners upon the bounty of the general govern-!
tucr.U When gentlemen say they wish the States to
be independent, I invite them to adopt principles am]
pursue a course calculated to preserve their indcpcit- ;
deuce. If the States are to remain independent, it. I
can only bo effected by their relying upon their own j
resources, and exerting their own energies; and in
lieVer looking to this government for supplies which
call bo furnished or withheld at its pleasure. If from
the fulluess of the treasury of the general govern
ment, asising from it reveuuo, its lands, or otherwise,
the States are to receive their respective dividends,
how can it be expected that the cncroachmentM and
usurpations of this government are to be resisted3—
As men of experience and observation, I ask. Sena
tors, most of whom have served in the State Lcgia
lalurest whether Hint firm and manly 6tand wiir be
taken in the States, which may be proper and neces
sary, when thereby the ribk is encountered of stop
ping the current of Federal munificence. The exer
cise of the taxing power is always reluctantly resor
ted to, and public men avoid it at all times when
practicable; and it will require great firmness in a
State Legislature, when it shall come 111 conflict with
the General Government, to nsscit the rights of the
Slate, and be thereby compelled to perform fTiis odious
and unpopular duty. It is with Governments as it is
with individuals. If one man is. in the constant habit
of receiving benefits from another, the former loses
his independence, and the will of the behcfactor be
ecfnies the will of him who receives the benefactions.
Another objection i» still stronger; The stability and
permanency of our institutions depend on the peo
ple understanding tho operations of them. The idea
that the General Government shall collect the money
and transfer it to the States, has a tendency to coin
plifchtc the operations of the machinery of Govern
ment, and place it beyond the comprehension and
understanding of the community. By this means the
greatest security fora faithful administration of pub
lic affairs is lost; although the public burdens are pre
cisely the same in the one case aa in the other, and
the people taxed in the same degree. All respect
fur the State Governments must bo anilmilated when
it shall be seen in practice, that the means of carry
ing on the Slate Governments are furnished by the
General Government. Whenever this state of things
Btroll occur, the State Governments will be put down,
as useless and expensive institutions; and a general
government, with unlimited powers, will bo es’ab
Jished. I am aware, that tho reception of the money
by the States, would be a pleasant operation—it
would bo sweet to the taste, but bitterness a"nd death
would follow.
Tho General Government owned thfsc lands be
fore the States existed in which they arc situated, &
tlrey have neither bought nor paid for them. Their
only plea is the right which sovereignty confers.—
Let it be remembered that tho very same act which
creates their sovereignty, secures tlie title of these
lands to the General Government. What justice,
‘Iron, could there be in these new States saying we
will enjoy all the benefits and advantages accruing to
Os from a solemn compact with tJie General Govern
ment; but will not comply with the stipulations on our
part.' I will not permit myself to believe that tho
new States would do such an act if they possessed
the power, whatever some of their politicians may say
to the contrary. They would thereby lose all claim
to that character which is based on justice, and a punc
tual compliance with engagements, nnd justly incur
the charge of want of public faith.
It seems to me lliat the Senate most bo satisfied
that neither the states in which tho lands nro situated,
ifor the states generally, have an ownership over;
those lands. The General Government is the only!
rightful proprietor.
The inquiry then presents itself, to what objects 1
fhould tliese lands, or their proceeds be applied? The
< Jontral Assembly of Virginia, in their act of cession,
declares that it is made for the purpose of paying the I
£’ibl:c debt, and for the public benefit; nnd Congress j
is required, and actually engaged, to cncouragtT nnd j
promote tho settlement of theee lands, and form new i
.♦States whenever the population would justify it.
Forty-eight millions of the pnblic debt remain un-!
paid. This is an encumbrance on the public domain,
n hen which should be removed before tho fund is ap-,
yhed to oi her purposes. Being thus applied, you com
Idy with the expressed intention of Virginia, when
she made the donation, and the pledge given by the
old Congress at the time of its reception. By doinw
this the wish nnd intention of V' the parties will be
faithfully complied with.
It has been suggested by the gentleman from Mas-;
snehusetts, (Mr. Webster) that he would be willing
no see the public debt discharged, merely because it ■
\yas a debt; but he felt no particular conrern about it..
I diffit; from that honorable Senator on this subject.
1 fcelf reat anxiety and solicitude to sec the pnblic
(ftbl'jl jnguflsbed. and will assign my reasons for it.
Iu the first place, it will manifest not only au ability,
but a willingness on the part of the Government to
comply punctually with all its engagements. This
will promote and establish public credit, which adds
greatly to the strength and power of a nation. In the
next place, it will lessen (he public burdens, and re
lieve the labor and industry of the country from the
payment of an annual tax of fourteen millions of dol
lars. Instead of a revenue of twenty-four millions,
which is now paid, ten millions will be suffi
cient for- all the purposes of carrying on this
Government. Then u fixed mid settled policy
can be adopted. It cau be decidod whether one
portion of this community its to be taxed and
severely taxed, to enable . another portion to
keep competitors out of our markets. I did not in
tend to say any thing upon the tariff on this occasion,
but my remarks having led me to that subject, I will
sav a few words in relation to it. Can its advocates
believe that n tariff will cmitiuuolong in this country,
of a character which shall deprive the labor of one
pari of the country of its just profits, and confer them
on another? Surely the mornl sense of this commu
nity will rise up in opposition to it. When it shall
be seen that the Government needs only ten millions
ol dollars annually, a tax of twenty-four millions will
not be submitted to. My friend from New Jersey
(Mr. Dickerson) tells us he hosa specific for this evil,
un infallible cure for this disease or malady, which is
an annual distribution of the surplus revenue among
the States. I usk ,h¥n to reflect ugam upon this sub
ject, and see whether there is not groat danger of vi
olating the principles of both policy and justice by the
course he recommends. If the money is to be collec
ted by the Government, and then returned to the
same people from whorn it was received in the first
instance, you have gone through an operation of col
lecting and returning to its rightful owners, money
not needed by the Government; and you have lost,
in commissions and failures of public officers, to a
great amount; and you are at the point from which
you sit out, except that you have wasted much of the
public treasure.^ But suppose you collect the money
chiefly from one part or section of the country, (as is
the fact at present) and divide it equally amongst all,
are you not practising great injustice upon that por
tion from which the tax has been levied? Gentlemen
need not flatter themselves that a majority of the
American people will long permit injustice tube prac
tised upon any portion of tnis community. Let me
not be misunderstood. I would not tear off the tariff
if I could, and thereby place the manufacturing insti
tutions of this country at the merry of foreign gov
ernments or foreign manufacturers. My wis'li is to
see it modified, 60 as to protect manufactories which
have grown up under the faith of our laws, and at the
same time remove oppression from others. This is
practicable; it cannot be that the oppression of any
portion of thisjiappy land is necessary for the scCuri
tv and protection ot another.
I urtlicr, tlie speedy extinction of the public debt is
calculated, more than any thing that can bo done at
this period, to increase the respectability and moral
influence of this Government, both at home and
ubroad. This done, w# shall be the wonder of an
admiring and astonished world. Wo cannot our
selves tell how it lias happened, that, in little more
than half a century, three million's of people, scattered
along the Atlantic border, have grown to bo so o-reat
and mighty a nation, extending from the sea board
near 20U0 miles to the West, and from the Northern
Lakes to the Gulf of Mexico; containing within its
limits upwards of twelve million)# of inhabitants_
Louhiaua, large enough for an empire, purchased;
the Floridas acquired; a respectable Navy; the ex
tensivesea board fortified; the Indian title to millions
ot acres of land extinguished; two wars with the most
powertul notion on earth successfully prosecuted, nnd
honorably terminated; and,at\er all this, not one cent
ot the expenditures incurred remains unpaid! Will
not all mankind say, if this nc\y people and this new
government have achieved ail tins in their infancy
what can they not do in the days of their rtiut-rmy?
Sir, foreign nations will entertain a limber respect
! f|,r our country, and the cuusca of future°war3 will be
i diminished.
With regard to some modification of the existing
! Land Laws, [ am perfectly willing 10 unite in any
I scheme ot graduation of prices which shall make a
j distinction between lands of different qualities or
, values, and shall not. at the same time, retard the
sales, and thereby procrastinate the payment of the
| public debt Towards one class of individuals, the
j actual settlers, l am willing to go as far ns any man,
m or out ot this Senate, i am anxious to place It in
j their power to become freeholders, to have an inter
est in the soil. It is good poliev to convert Eastern
| tenunts into Western freeholders’. If the suggestions
j made were well founded, that some Eastern” politi
; cians desired to prevent their citizens from emigratin'*
i to the West, in order that they might be retained in
their manufacturing establishments, all such efforts
would be vain and ineffectual. You might as well,
Mr. President, rttempt to stop the torrents rushiO'*
from a thousand lulls, as to arrest the tide of emigra
tion, winch is rising higher and higher, and pourin'*
and spreading itselt over the vast valley of the Missis”
eippi. It is the course of nature and of man, and no
j human legislation can stay it. It is the duty of man
| to pursue his own happiness. Competence and inde
| pendencc are main ingredients in human happiness,
| and no portion of our citizens will be restrained from
I g°mS to a Jand of ease and plenty if within their
reach. I regretted to heor remarks made by the
Senator from New Hampshire, derogating from the
merits of settlers on the public lands. ° He considered
thorn ns trespassers nnd Intruders, and meriting pun
ishment as infractors of public law. Sir, they nre
octing on the original principle Hpon which titles to
lauds wero first acquired; they nre mixing their labor
with the soil, and improving its condition; they are
adding to its vnUie and increasing the wealth of the
| country: and I can tell that Senatoi, that when tiro
country shall be in adversity and peril, these men,
now reviled, will prove a« prompt to step forward and !
I defend it, ns any other portion of our citizens. I
refer to the Senator from New Hampshire, (Mr 1
Bell,) not to my friend near me. (Mr. Woodbury;) he !
spenkB in different tones, nbd his voice falls, at all!
times, pleasantly on my ear.
i i nave aircauy voted to give a preference to occu
pants now in possession, and am at all times ready to!
i do so. This, hojrever, foils for short of my favorite ‘
; system ot dispM^ of the pnblic lands. I would not!
, confine the provisions of the law or preference to set-1
■ tiers now seated upon the land, but would act pros- i
| pectively. I would by no means limit the right of
preference to the few, who are now in the occupation i
of the public foods, but say, to all the citizens of the j
united btates, that any ot them who would settle on |
the surveyed public land,should be entitled to a quar
ter section, or ItiO acres, at a reduced price, say fifty |
cents per acre or less; provided, they would remain !
on tlie land two years, and raise tw» crops upon it.
You would by this rourse, enable men, who cannotl
acquire lands in the old States, to secure for them
selves a competence and independence; a wife, a !
home, and child to prattle on his knee, would be tiro !
Jot of many who are now destined to drudge on .
through life in poverty and want. Kicft communities !
would grow np in the distant wilderness, and the J
national wealth and strength be greatly increased. |
After all the land ot value shall have been disposed
ot, and nothing left but the refuse, ns my colleamio, i
(Colonel Crockett,) of the other House, calls it, let!
the Government relinquish the remainder to the'
States in which it is situated; not upon the principle i
of a gift, creating on obligation and state of depen- j
dance, but because it is of little or no value, to tho
General Government, anil is a matter of convenience ]
to the Hrates; thereby enabling them to devise some ^
means of disposing ot it. so os to subject it to the tax
ing power of the States. This, in my judgment, is
the best mode of disposingof the public lands, and I
invite gentlemen on all aides, who have professed so
much devotion to the interest of the West, to unite in j
maturing and adopting the system I have mignestcd,!
and thereby promote the beat interests ef the'Wcst- I
cm country and oftiie nation at large.
I will now proceed, Mr. President, to an examina-,
. ton of another suh’ect, upon which a great d iversifv
of opinion seems to prevail. I uicnn the powers of
the State and Federal Governments. As to the true
division or distribution of their powers, no difficulty
exists so long as we speak in general terms; differ
ences of opinion arise when we come to net on parft*
cular cases—at presen*., we have no case before ihtf’.
Senate, and arc only discussing the subject for the!
purpose of ascertaining the true rule by which to test]
cases as they arise; and in the event Congress should
transcend the limits or boundaries of its Constitu- j
tioiml powers, to ascertain where \vc are to look for i
the ullmuto corrective tribunal.
The HUtcs existed prior to this Government. Uach
of them possessed all the rights and powers which
appertain to sovereign and independent nations. For
all the purposes of self government, no want of pow
er, or tile means of using it, was felt by any of these
comminjt irs. Lilb, liberty, reputation, and proper
ty, all fund an ample protection in the State Gov
criinieiitB- If any internal improvement were nc
oessury[within its limits, the sovereign power of the
State, laving entire and uncontrolled jurisdiction
could cause it to be undertaken and effected. For
none of these purposes or objects was there a defect
of .competency in the Stale Governments. There
were objects, however, of high importance, to which
the Stales separately, were not equal or adequate to
provide for. These arc specified in the recommen
datory fetter issued by the Convention, and signed by
General Washington, which accompanied the Con
stitution when presented to tlid old Congress, for its
consideration; the language is, “The friends of oor
country have long seen and desired, that the power
of making war, peace, and treaties that of levying
money and regulating commerce, and the correspon
dent, executive, and judicial authorities, should be
fully and effectually vested in tlic General Govern
ment of the Union.” Here is an enumeration of the
objects which made it necessary to establish Ihis
Government; and when wo arc called on to decide
whether a subject be withfri our powers, we ought
not to lose sight of the purposes far which the Gov
ernment was created. When it is recollected that
all the powers now possessed by ihe General and
State Governments belonged originally to the latter,
and that the former is constructed from grants of
power yielded up by the State Governments, the fair
and just, conclusion would be, that no oilier power
was conferred, except what was plainly and expressly
given. Bu: if doubt could exist, the 10th Article in
the Amendments to the Constitution settles this ques
tion. It declares, that “The powers not delegated
to the United States by tho Constitution, nor pro
hibited by it to the Suites, or reserved to the States,
respectively, or to the people.” '1 bo conclusion
hence arises, that this government is one of limited,
delegated powers, and can only act on subjects cx
pre<bty placed under its control by the Constitution,
and upon such other mailers as may be necessarily
and properly within the sphere of its action, to ena
ble it to carry the enumerated and specified powers
into execution, and without which the powers gran
ted would be inoperative. This is I understand to
be the good old rejiublican doctrfne, and by it I will
I rndpflvur in mv r.-indurt
In some cases of disagreement between the Fed
eral ond State Governments, as to their respective
powers, who is to decide? This is the question I pro
pose briefly to examine. In cases of doubtful char
acter, no question will probably arise, because no
court. State or Federal; will declare a law unconsti-!
tutionai uuless it is dourly and manifestly so. This
is tlt6 rule of decision avowed by all the high judicial;
tribunals of the country; nor will any Mate act diffe-'
rently. I admit that me Supreme Court is the final
arbiter m ail cases in law and equity, arising under
the Constitution. and the laws of the Unitcd*States,
mado in pursuance of it. Still, the case put by Mr.
Madison in his report to the Virginia Assembly in.
the year 17P9, is not included. The Alien and Se
dition laws, the subjects on which he was then ac
ting, were believed and declared by him and the Vir
ginia Assembly, to be « deliberate) -palpable and, dan
gerous exercise of powers, not granted by the com
pact or Constitution- In such a case as that, I ask
the Senutc, shall one party decide? It will be rea
dily granted that in settling questions of right or
power between different nations, one party ought not
to be the exclusive judge; otherwise, so strong* is the
love of dominion and rule, it will include within its
grasp all the power possessed by both. This is the
very princplc for which gentlemen contend, when
the subject is stripped of a fallacy; which at first oh-'
structs the mental vision of the inquirer after truth.
Gentlemen seem to consider the Supreme Court of
the United Slates, as a separate distinct tribunal,
erected by all the parties concerned, and as depen
dent on one party as on the other. Not so; it is a
portion or a part of one of the parties, created by
the Legislative and Executive branches of the Gen
eral Government, and responsible alone to that gov
ernment. The Federal Judiciary, although theten
urc of office be during good behaviour, is greatly de
pendent on the other branches of the General Gov
ernment. Burdens may be imposed on them, and
their labors so increased as to expel them from the
bench, from an inability to discharge all the duties
required by law. I name this, because an effort is
now making to compel the present Judges to per
form their official dQties in six additional States, a
thing wholly impracticable.
In every contest for power, there would exist in the
Judiciary, the same motives to lead it astray, as would
exist in the other departments, with this difference,
they would be stronger, because the Judges hold their
offices by a tenure of greater duration. If the po
sition of gentlemen be well founded, then the State
(Governments have been gtrilty ofthe folly and weak
ness of creating a Government which can adjudge
away all their sovereign rights and powers; a crea
tine competent to the destruction of its creators; and
all this by the easiest operations imaginable. A case
is presented to the conrt by the Attorney Genera), an :
opinion is written on a few sheets of paper, and Mr.
Peters (the reporter) is directed to put it in his book,:
nnd forthwith twenty-four sovereign and independent,
States are prolrasted and destroyed. Sir, much as I
love peace and quietness, before I witness this I de
sire to hear more clamour about it than would arise
from this silent, sapping and undermining procedure, j
I am arguing upon the principle, without reference
to the Judges now sitting under tins Senate chnm- -
ber; towards each of them I entertain a high respect, i
and should any attempt be made affecting the inde- i
pendehee of the Judiciary, I will ge as fo rmas lie whoi
goes farthest in its defence.
II inose irom wnorn i diner be right, the only,
security the States have, is in the integrity of ama-!
jorit) of seven men, and as the Constitntition did'
not direct what number of Judges should constitute)
the Supreme Court, one could have been placed j
there; and upon his will alone, according to the argu
mert on the other side, would depend the fa to" of
twenty-four sovoreig%. Slates.
In all questions of metnn and iimjn, embraced within its eon- *
stitu.'ional jurisdiction, this court is the supremo tribunal, and'
Incidentally between individuals, it must decide wptjp all ques
tiflnt necessary to enable it to come to a result or final deter
mination; and the decision will he binding upon the parties.
Thh, however, by no means proves that the court can decide
upon the sovereign right of the States, so as to aficc.t them
I.hegentlemen have been requested by my friend from Kentucky,
(Jlr- Rowan) to produce, an instance in which sovereignty has 1
submitted it?«|f to any judicial tribunal. The very act of do- ■
ing so implies dependence and inferiority: and that Govern-1
men: which admits itrf adversary to decide in such a case, |
acknowledges that it is not Sovereign and independent. Mr! I
Madison who understood the constitution and structure of the
Government as well as any man that ever lived, was of opinion
that the federal judiciary possessed no such power. Mr. Jeffer
son, the i.reat teacher of republicanism, throughout his whole
life, contended against it, and fortunately for the American
people, their opinions arc recorded in otir National Archive®
and will be preserved for the benefit of those who are to suc
ceed us. The necessary result is, that the power of deciding
finally and conclusively does not exist in either Government,
or any department of cither. What then is to be done if Con!
?ress pass an act beyond the limits of its constitutional power®,
snd it is found to operate oppressively, say upon Virginia. I
name this old, leading, champion btatc for the purpose of illus
trating my argument more clearly bhall Virginia submit? No.
She is oppressed, unconstitutionally oppressed. The General
Government has declared in all its departments that the act ig
binding. The Legislature of Virginia is of a different opinion.
Has it no r*gl:t to say to tire General fT ••vert.men*. *re o’! n r
give up this power which you have cxciciscjl'' May the not
»«y it is an authority you have usurped? Suth language lias
been hchI—it was done by Virginia and Kentucky by tlicir re
solutions in 171WJ and I71W; and it pruducudthe desired effect.
I ho.-e who had exercised unconstitutional' powers were put
down, and the administration of Mr. Jefferson succeeded
This was an appeal to the intelligence and patriotism of the
nation, to correct the evil through the medium of the elective
franchise It prevailed, and will always prevail, unless an in
terest exist in the majority at variance witn the rights and in
terest ol the minority. When that is the case, it may h..pi»en
that a sense ol justice will he too weak to produce a repeal of
the unconstitutional measure What then? Shalt Virginia
throw herself out of the Union? .No. One set of agents em
ployed to act in the federal government have asserted their
authority and Jurisdiction over certain subjects, and-they insist
on their right 10 do so. Another, nntfag in the States, insist that
the agents of the General Government hdve transcended their
authority, engrafted on the Constitution provisions not origin
ally contained in it, and are exercising the reserved powers of
the State. It becomes a meje dispute among ngents; the em
ployers, the masters, the real sovereigns, have not decided it
In this state of things, shall Virginia submit to be des|ioiled of
her sovereignty? oir, she will not by tame Submission surrender !
ber high political character and pre-eminence: rather than do
this, her Madisons and Monroes would forget their years, and
mingle again in the political strife; her Giles would lay aside
the crutches of decrepitude; and the gentleman from Maine,
(Mr- Holmes) would again hear the keen, shrill voice of the
Koanoke orator, cutting and separating, even unto the joints
and marrow.
If I am to understand any Senator as saying, that a State
Legislature can nullity and make void an act of Congress, so
far as to prevent its operation within its limits, L dissent from
him. The fedeial constitution was not received or adopted by
the Legislatures of the Stales; the meinbeis arc not elected for
such high ptirpt ses. The ambition of a few aspiring men
might mislead 'lie legislature, when called on to det suddenly
and unexpectedly, l.et the injured and oppiessed State then,
, assume its highest political attitude A Convention in the
State, for the purpose of deciding, whether the great fundamen
tal law, which unites and hinds the States together, has been
violated, by Congress having exercised powers reserved to the
States and not delegated to the General Government- If a
false clamor has been raised, this measure will put it down
In every State thctc is a division among politicians, and the
minority are only waiting lbr an opportunity to put the majori
ty in the wrong. The people liemg called on to act in this
solemn manner, will put the whole intelligence ol the commu
nity into action The aged, the wise, the experienced, well
tried friends of the country will he called into the public ser
vice. Such men will not lightly pronounce an act of Congress
unconstitutional and void; hut should they upon full considera
tion so dec la re,-how will the question then stand? If the State
possesses the power to ae.t as I have shewn, the necessary con
sequence is, that the act of Congress must cease to operate in
the hTtatc; and Congress must acquiesce by abandoning the
power, or obtain an express grant from the great source from
which all its powers are drawn. The General Government
would have no right to use force. It would be a glaring absur
dity to suppose that the State had the right to judge of the
constitutionality of an art of the General Government, and at
the same time to say, that Congress had the right to enforce
a submission to the act. This would involve a palpable con
tradiction. This may he illustrated by reference to the powers
of the supreme court in analogous rases All admit that this
high tribunal has the right in a case properly before it, and with
in its jurisdiction, todeclare an act of Congress unennstitution
at; the effect of which is to render the act inoperative, not only
in one State, but in all. In this case. Congress is obliged to
aci’piicsce' and abandon the power, or obtain an express’ grant
from the original source after the manner already stated N’n
force can be applied to give effect to the act thus declared void
by the supremo court, or to compel it to change its decision
Hut gentlemen, instead of meeting ottr argument fanly, cx
claim, that such a power on the part of the State is uicon
wim ini. v-iisicnoc 111 mu uenerai iiovcmment, and is
placing twenty-three -States at the mercy or one, and the Union,
by such an act, would be dissolved. I cannot but think that all
Such objections arise from an imperfect view of our a’dmirable
system of government. They originate in a supposition th.it
Congress possesses an independent and uncontrolable power
which is unknown to our system. If the gentlemen will but
advert.to the fifth article of the Constitution, they will find a re
deeming power—a power above all others, which can mould the
Constitution, and define anew, the relations tretween the State
and General Government: I mean the constitutional number of
States. Thk is not a mere dorurant power. The mode in
which it is to be called into action, is expressly laid down; and
when properly invoked, will at all times prove adequate to’save
this glorious system of ours from disorder and anarchy. When
ever a conflict, such as I have pcscribed, arises between ono of
the States, acting in its sovereign capacity, and the General
Government, it is to this high arbiter (a Convention of the
States,) the parties must resort, and not to the supreme court
the creature of one of the parties But who is to make the
appeal? Surely the party claiming to exercise the power, and
which alone possesses the means of making it. To require the
oppressed State to do it, would be absurd. The Constitution
provides two modes of amendment: one, when two-thirds of
both houses of Congress shall propose amendments; the second,
when two-thirds of the Legislatures of the States shall make
application to Congress to call a Convention for proposin'*
amendments. In either case, ihree-lourths of the States ate
rerjuired to ratify; and the agency of Congress is necessary in
both. On Congress, then, is the burden ol making the appeal,
on the ground that it claims the exercise of the power, and
Irecause alone, it is possessed ofthe means. It cannot be con«i
dered unreasonable, that a State which has declared, in the
most solemn manner, its teserved rights to have been violated,
should possess the power of compelling the General-Government
to make an appeal to the source Irom which all its powers are
derived. It was called into existence by t^ree fourths of the
Slates, and can exercise no powdr withn^feusurpation, which
has not been granted. TVhat can be ntWe rational? ’ What
can be more consistent with the spirit of our system, than wiiere
thare is a conflict between a sovereign State, (a party to the
compact.) and the General Government, as to the pow'ers which
have been yielded to the latter, that it should he compelled to
decide the question by an appeal to the source of all uspowert#
I do not hesitate to say, that the power on the part of the States
to compel such an appeal, is inJispensible to the existence of
their sovengnty, and to the preservation of their reserved rights.
Without it, the General Government, in its practical operation
would bean unlimited,consolidated government, notwithstand
ing the limitations imposed by the ptovisions of the Constitu
tion. Its construction of the Constitution would he the Con
stitution- Those who know the force and influence of con
struction, how it can pervert the plainest import of words
when under the influence of self interest, well understand the
fearfulfchanges it is capable of producing. If there be no
check, an interested majority, using the powers of the General
Government, which weregiven for the protection and benefit
of all, as the instrument of aggrandizing themselves, at the
expense of the minority, may, by construction, gradually under
mine and render obsolete, the sacred provisions of this instru
ment. We already see fcariql symptoms of encroachment,
which no patriot can look at without dismay, and which, if
.persevered in, can only be arrested by an exercise of the power
lor which 1 contend. The supremo court is wholly inadequate.
If three-fourths of the States shall not concur in admitting the
contested power, or shall not pronounce that it already exists,
Congress will be constrained to abandon the exercise of it, inas
much as no nctv power can be granted wi»hotit such concur
rence. The decision of a less number ought not to be obliga
tory, where a-State has solemnly pronounced that such a grant
of authority was never made But suppose three-fourths of
the States decide the question against the complaining Stale
then acquiescence becomes a duty, and it must submit; or a’
state of things arises, not provided for by the Constitution, on
the consequences of which I will not dwell. The doctrine, for
which l contend, is not of recent origin. 1 am meicly an humble
disciple of an old school, recalling it to public view. Mr. Jef
ferson long since advanced the opinion 1 now advocate, and in
his letter to Judge Johnston of June 1823, he remarks, tn refer
ence to the following expression, used by another distinguished
citizen, that “There must he an ultimate arbiter somewhere”_
“T rue.” said Mr. Jefferson, "there must, but does that prove
“it is in either party? The ultimate arbiter is the people of the
‘•Union, assembled by their deputies in Convention, atthc call of
“Congress, or of tw o thirds of the Slates Let them decide to
“which they mean togive nn authority,claimed by two of their
"organs. And it has been the peculiar wisdom and felicity of
"our Constitution, to have provided this peaceable appeal,
“where that of other nations is at once to force.”
(To be continued )
' WINTER A R A BI AN
r'J^lIFS beautiful and irue Arabian Stallion will stand
at. my stable, in the county of Brunswick, 33
miles South of Petersburg, 15 miles Northeast from
Brunswick Courthouse.(Lawrenoevillc,)and If! miles
Northwest from Bellfield. nnd lot to mares of $25
the season, to bo discharged by the payment of g2o
any time in the season, and one dollar to the groom,
in each cam. The season to commence the 15th of
February, and terminate the I5th day of July. Good
pasturage for mares furnished gratis; mares well fed
and strictly attended to at a rcasonsble price, but no
responsibility for escapes or accidents.
I he subscriber congratulates the breeders of fine
horses, on the opportunity now offered them of im
proving their stock, by a valuable cross.—That the
American and English race horse has greatly deterio
rated in the last eighty years, is a fact that must be con
ceded by all intelligent and candid sportsmen; nnd
that, that deterioration hns been produced by the
practice of breeding in nntl in, as it is called, (that is,
from the same stock,) it is presumed will also be
admitted.' After the most diligent inquiry and careful
investigation, I believe the most successful raisers in
Virginia are persuaded that an occasional resort to the
original stock of oriental horses is as necessary to
preserve an improved breed, as it was in the first
instance to obtain it; and so far from the direct cros3
not producing the finest animals both for strength,
speed and beauty, it is capable of proof, and the his
tory of the English race horse will demonstrate i4.
that the best racers ami breeders England ever had,
were the sons and daughters, and at farthest, the
grand-sons and grand-daughters of the Arabian: and
that they have depreciated in proportion as they were
removed from these points. The first evidence 1
would offer in support of the assertion is, the esta
blished weights on the English course at different
dates, from the time of the introduction o ithe ?»arlcv
Arabian, until the death of the Godolphin Arabian
which included a period of about fifty years. They
were breeding extensively from oriental horses, in
eluding Barbs and Turks. During that entire period,
their horses contjpued to improve in speed and bot
tom, while the weights were greatly increased; aged
horses then carried 168 pounds, and with that they
ran four miles, from seven minutes twenty seconds, to
seven minutes fifty seconds; from that time, say from
1770 to 1775 to the days of Eclipse, they discontinued
the breeding from the Arabian, and their weights have
been gradually decreasing; on some tracks to 119
pounds; and on none, 1 believe, are they higher than
133 pounds-, yet there is not now in England or Ame
rica a racer that can run the distance in the same time
in which it was formerly done with their heavy weights.
I he next evidence is, the horses themselves. Darley
Arabian got Hying Childers, who is said to have ruir
four miles in six minutes and forty seconds. Flying
Childers got many fine racers; but none that equalled
himself. Godolphin Arabian got the dam of Eclipse,
but Eclipse never got his own equal, though he got
many fine racers—viz: Regulus, Volunteer, &c. Re
gulus got many champions of the turf, but neither him
nor his progeny produced another Regulus. Vertura
ufls got Baronet, but Baronet never got a horse as
successful on the turf as himself or sire. Volunteer
got Spread Eagle, Sterling, See.; but Sterling and
Spread Eagle never got their own equal, much les3
the equal of Volunteer. Janus and Fearnought were
got by Godolphin Arabian; during the days of those
horses, Virginia was famed for fine saddle horses, as
well as distinguished racers-, now', it is almost prover
bial, that the bjood horse of Virginia rarely produces a
line saddle horse: nor have we, 1 believe, a single turf
horse capable of running four miles w ith 168 pounds
(the former weights) in good time.--Our best racers
are made by young horses carrying light weights; and
it is a fact, and one which is well worthy the conside
ration of raisers, that with the present light weights
many of our first horses break down in training, and
very fe-v remain longer than two years on the turf.
Their bone, sinew, and muscle are not in proportion
to their size and weight—and their legs often give
way in training exercise. It is believed there is not
i now' in the United States a single high-blooded horse
j that has not descended from the same stock, viz: the
Godolphin Arabian, and, generally speaking, both bv
num ana sire, i^an a strong, active, healthy and vigor
ous horse be reasonably expected by propagating
irom such near connexions? Every farmer knows the
effect of crossing in mid in has on cattle, sheep, &c.;
but we seem not to have anticipated the consequence
to the most noble and useful of animals, by the viola
tion of the law of nature, which forbids incestuous
connexions; but it carries with it its own corrective,
in the slow but certain destruction of the species; such
being the consequence of our system, it would seem
strange that we continue to pursue it,—many attempts
have been made to alter it,—many fine horses have
been imported from England, but they have furnished
no remedy for the evil—the English and American
race horse being of the same stock. The difficulty
itiid enormous expense of obtaining the tuie-blooded
Arabian, has prevented the importation of many of
them into this country, it is affirmed by writers and
travellers, that those of the sacred blood, (as they are
there called,) are valued from 500 to 3000 pounds ster
liqg—they are considered a consecrated breed, de
signed for the use of the Prophet and his descendants*
and a great prejudice exists to selling them at all.
Taplin, in his Sporting Dictionary published in 1803*
vol. 1, page 47, remarks—“that they are mostly con
signed as presents to his Majesty or some of the Royal
Family, and their pedigyee of their blood is recorded
with as much care and tenacity, as the genealogy of
the most Ancient English Nobility.” But, it cannot
be necessary to eulogize this matchless breed of hor
ses, to recommend them to the American sportsman;
he must know, that it was by crossing on this stock^
that the sluggish and cold-blooded horse of England,
was converted into the beautiful snd high-mettled
courser. It is only necessary to satisfy him that the
WINTER ARABIAN is one of true stock—so many
attempts have been made to impose on public creduli
ty by palming on them spurious horses for the Ara
bian, that the evidence of the true stock should be
satisfactory and conclusive. The Winter Arabian was
captured during the late war in 1814, then one year
old, by the privateer Grampus of Baltimore, on board
the brig Doris, his Britannic Majesty’s Transport No.
650, on her passage from Senegal in Africa, to Ports
mouth in England: and was intended as a present fbl'
the then Prince Regent; now King of England. (•$•>
Niles' IVtckly Hegislcr, vol. vii. page 16)
Winter Arabian was sold as a part of the cargo of the
captured brig, and was purchased by Elisha J. Winter,
Esq. ’hen a member of Congress from the State of
New York; after the purchase, he, through a highly
respectable mercantile house in New York, caused an
inquiry to be made of Colonel Broomfield and Mr.
Douglas, the sup'erintendants of His Majesty’s stud at
Hampton Court, by whom he was informed, that a full
blooded Arabian was shipped in the brig Doris, from
Senegal, for his Majesty, und there was no doubt of
his being of the best Arabian stock.—This correspon
dence, with Mr. Winter’s certificate, that h6 is the
same horse, with many other evidences, are in my
possession, and will be exhibited to any gentleman
who wishes to raise from him. All those who have
seen him, admire his superiority of form, beauty and
flinty hardness of limbs; his fine, silky, flowing mane
and tail; elastic and sprightly movements; great share
of bone and muscle, indeed the only objection to him,
or which can be taken to him, is his size,—being about
four feet nine or ten inches high: this, if it be an ob
jection, applies to the whole race: and, had England
permitted this prejudice to influence her, she could
not have had her Childers, or her Eclipse, her Recu
fus, or her King Fergus, her Diomed, or Baronet,—nor
could America have had her Archy, her Ariel, her
Henry, or Long Island her Eclipse: these are all the
descendants of the Arabian stock, and neither England
or America has ever yet produced a race horse that
did not partake largely of the blood. His size is an
evidence of his stock.
BtifTon, the celebrated French naturalist, speaking
of them, says, “they rarely exceed f0Qr feet eight
inches high; ’—but the continued experience of Eng
land and France, shows that their size has no influence
on their progeny. He has heretofore stood in Ken
tucky, where blooded mares are scarce; and where the
decided partiality for the Virginia stock, produced a
most unequal competition; yet, under these disadvan
tages, he has produced some among the best racers
ever raised in the State,c hough it was not until he
forced himself into notice, that he was patronised by
the breeders of the turf. The subscriber has in his
possession a letter from Loi, Buford, near Lexington,
Kentucky, (a distinguished raiser and patron of the
turf,) who has bren breeding from him the last two
years. He says his colts are of equal or superior size
to his colts from the same mares by any other horse;
that he has a two year old filly, fifteen hands high; and
his yearling colts, equally promising; and that he docs
not believe that any horse could have gotten as good
racers out of the same mares. I have, also, many other
testimonials to the same effect; and one from Dr. Lewift
Marshall, (I mention him because ! presume he is
known to many gentlemen in Virginia;) he speaks of
the stork in the highest terms, particularly of their
superior size and fine form. And, all the gentlemen
with whom I have corresponded, concur in the fact,
that he has been let to no blooded mares, until the last
two years; sotbat his colts by them have not yet come
on the «urf- The distinguished racers he has pro
duced, Kassina, .supposed by many the very best race
horse ever raised in Kentucky,) and others, have been
from common mares. By reference to the American
I urf Register, yol. 1. page 171, he is spoken of as
producing a striking and very superior race of hofscs
in Kentucky. JOHN 7UCKEU.
feb 15—laftlstM*
O IBGO will make n season the approaching Soring
1-1/ at Mnchiimp’s. near Hanover Court house. Hoi”
a horse of fine size, pedigree and form, was trained
at four years old, and gave proofs of good speed;
but from accident was not brought on the turf—his
ilntn wts a sister of Sir Archie’s, by Sir Peter Tea
zle—his fire was Francisco, a noted race horse ofhuj
a«r- ;a -2. I vtf