Part 23 (2/2)

Madison has founded a new and strong clairateful country You will think, with eneral respect and approbation for a long career of public services, it was an act of distinguished patriotisated and erous, not to hesitate to coht of his own opinion in what he deeht I am sure, Gentlemen, it cannot be doubted,--the manifestation is clear,--that the country feels deeply the force of this new obligation[91]

Gentlemen, what I have said of the benefits of the Constitution to your city e, in respect to every other part of the country Its benefits are not exclusive What has it left undone, which any government could do, for the whole country? In what condition has it placed us? Where dostand? Are we elevated, or degraded, by its operation? What is our condition under its influence, at the veryits unity? Do we not feel ourselves on an ee the respect of the whole world? What has placed us thus high? What has given us this just pride? What else is it, but the unrestrained and free operation of that same Federal Constitution, which it has been proposed now to ha us, that, should he find his exist, and where the existence of other nations is knoould not be proud to say, I aton? I ah it has suddenly sprung up, yet there are none on the globe who have ears to hear, and have not heard of it; who have eyes to see, and have not read of it; who know any thing, and yet do not know of its existence and its glory? And, Gentlemen, letus, if he were to be found to-morrow in one of the civilized countries of Europe, and were there to learn that this goodly foroverner united, that a death-blow had been struck upon their bond of union, that they theood and their chief honor,--who is there whose heart would not sink within him? Who is there ould not cover his face for very shaeneral refuge for the distressed and the persecuted of other nations Whoever is in affliction from political occurrences in his own country looks here for shelter

Whether he be republican, flying from the oppression of thrones, or whether he befrom thrones that crumble and fall under or around hiet foothold on our soil, his person will be safe, and his rights will be respected

And ill venture to say, that, in any governreater security for persons or property than in that of the United States? We have tried these popular institutions in tireat excitement and commotion, and they have stood, substantially, firreat political deep have been elsewhere broken up; while thrones, resting on ages of prescription, have tottered and fallen; and while, in other countries, the earthquake of unrestrained popular coht together Our government has been tried in peace, and it has been tried in war, and has proved itself fit for both It has been assailed from without, and it has successfully resisted the shock; it has been disturbed within, and it has effectually quieted the disturbance It can stand trial, it can stand assault, it can stand adversity, it can stand every thing, but the th It can stand every thing but the effects of our own rashness and our own folly It can stand every thing but disorganization, disunion, and nullification

It is a striking fact, and as true as it is striking, that at this veryall the principal civilized states of the world, _that_ governer of popular commotion which is itself entirely popular It see to the public will, under constitutional restraints, imposed by the people themselves, furnishes itself security that they will desire nothing wrong

Certain it is, that popular, constitutional liberty, as we enjoy it, appears, in the present state of the world, as sure and stable a basis for governhtened states can find, or does find Certain it is, that, in these tie, and so overnments which do not admit the people to partake in their administration, but keep them under and beneath, sit on materials for an explosion, which may take place at any moment, and blow them into a thousand atorade and enfeeble the national Constitution, let any man ould nullify its laws, stand forth and tell us what he would wish What does he propose? Whatever he may be, and whatever substitute he may hold forth, I am sure the people of this country will decline his kind interference, and hold on by the Constitution which they possess Any one ould willingly destroy it, I rejoice to knoould be looked upon with abhorrence It is deeply intrenched in the regards of the people Doubtless it -continued hostility; it may be imperceptibly weakened by secret attack; it rees; the public vigilance may be lulled, and when it awakes, it may find the Constitution frittered away In these modes, or some of them, it is possible that the union of the States eneral attention of the people be kept alive, if they see the intended mischief before it is effected, they will prevent it by their own sovereign power They will interpose theard and attach authority of the people theovernment is mainly committed to those who administer it If conducted in wisdoinal spirit is a patriotic, liberal, and generous spirit; a spirit of conciliation, of moderation, of candor, and charity; a spirit of friendshi+p, and not a spirit of hostility toward the States; a spirit careful not to exceed, and equally careful not to relinquish, its just powers While no interest can or ought to feel itself shut out from the benefits of the Constitution, none should consider those benefits as exclusively its own The interests of all must be consulted, and reconciled, and provided for, as far as possible, that allother things, we are to re already an iions which were a wilderness when the Constitution was adopted

Those States are not, like New York, directly connected with ricultural, and need markets for consumption; and they need, too, access to thosethe interests of these new States into the Union, and incorporate them closely in the family compact Gentlemen, it is not impracticable to reconcile these various interests, and so to adovernment as to overnment than it is now We are beset with none, or with few, of its original difficulties; and it is a tieneral prosperity and happiness Shall we adovernment, so as to be satisfactory to the whole country? Shall we admit that there has so little descended to us of the wisdoovernton's time, when it was yet nehen the country was heavily in debt, when foreign relations were in a threatening condition, and when Indian wars pressed on the frontiers, can it not be ade ourselves so unequal to our duties

Gentlemen, on the occasion referred to by the chair, it became necessary to consider the judicial power, and its proper functions under the Constitution In every free and balanced government, this is a most essential and important power Indeed, I think it is a remark of Mr

Hu object of institutions of governislatures assemble, that armies are embodied, that both war and peace are made, with a sort of ultimate reference to the proper administration of laws, and the judicial protection of private rights The judicial power coislature passes incorrect or unjust general laws, its members bear the evil as well as others But judicature acts on individuals It touches every private right, every private interest, and al What we possess is hardly fit to be called our own, unless we feel secure in its possession; and this security, this feeling of perfect safety, cannot exist under a wicked, or even under a weak and ignorant, administration of the laws There is no happiness, there is no liberty, there is no enjoyment of life, unless a , I shall be subject to the decision of no unjust judge to-day

But, Gentlemen, the judicial department, under the Constitution of the United States, possesses still higher duties It is true, that it may be called on, and is occasionally called on, to decide questions which are, in one sense, of a political nature The general and State governments, both established by the people, are established for different purposes, and with different powers Between those powers questions may arise; and who shall decide them? Some provision for this end is absolutely necessary What shall it be? This was the question before the Convention; and various scheht inadvertently pass laws inconsistent with the Constitution of the United States, or with acts of Congress At least, laws ed with such inconsistency How should these questions be disposed of? Where shall the power of judging, in cases of alleged interference, be lodged? One suggestion in the Convention was, to e it in the hands of the President, by requiring all State laws to be subht appeared repugnant to the general Constitution This idea, perhaps, may have been borrowed from the power exercised by the crown over the laws of the Colonies It would evidently have been, not only an inconvenient and troublesoerous also to the powers of the States It was not pressed It was thought wiser and safer, on the whole, to require State legislatures and State judges to take an oath to support the Constitution of the United States, and then leave the States at liberty to pass whatever laws they pleased, and if interference, in point of fact, should arise, to refer the question to judicial decision To this end, the judicial power, under the Constitution of the United States, was islative power It was extended to all cases arising under the Constitution and the laws of Congress The judiciary beca, in the last resort, in all cases of alleged interference, between State laws and the Constitution and laws of Congress

Gentlemen, this is the actual Constitution, this is the law of the land

There may be those who think it unnecessary, or ould prefer a differentsuch questions But this is the established mode, and, till it be altered, the courts can no more decline their duty on these occasions than on other occasions But can any reasonable est a better? Is it not absolutely essential to the peace of the country that this power should exist somewhere? Where can it exist, better than where it now does exist? The national judiciary is the coanized by the coent This is a plain and practical provision It was fralers, nor by any wild theorists And who can say that it has failed? Who can find substantial fault with its operation or its results? The great question is, whether we shall provide for the peaceable decision of cases of collision Shall they be decided by law, or by force? Shall the decisions be decisions of peace, or decisions of war?

On the occasion which has given rise to this , the proposition contended for in opposition to the doctrine just stated was, that every State, under certain supposed exigencies, and in certain supposed cases, ht decide for itself, and act for itself, and oppose its own force to the execution of the laws By what arguine, Gentlemen, was such a proposition maintained? I should call it metaphysical and subtle; but these terree of plausibility; whereas the argument appears to me plain assue in the body of the Constitution itself As I understand it, when put forth in its revised and most authentic shape, it is this: that the Constitution provides that any areed to by three fourths of the States; there is, therefore, to be nothing in the Constitution to which three fourths of the States have not agreed All this is true; but then comes this inference, namely, that, when one State denies the constitutionality of any law of Congress, she may arrest its execution as to herself; and keep it arrested, till the States can all be consulted by their conventions, and three fourths of them shall have decided that the law is constitutional Indeed, the inference is still stranger than this; for State conventions have no authority to construe the Constitution, though they have authority to au, that, when any one State denies that any particular power is included in the Constitution, it is to be considered as not included, and cannot be found there till three fourths of the States agree to insert it In short, the result of the whole is, that, though it requires three fourths of the States to insert any thing in the Constitution, yet any one State can strike any thing out of it For the power to strike out, and the power of deciding, without appeal, upon the construction of what is already in, are substantially and practically the same

And, Gentlemen, what a spectacle should we have exhibited under the actual operation of notions like these! At the very overnment was quoted, praised, and commended all over the world, when the friends of republican liberty everywhere were gazing at it with delight, and were in perfect admiration at the harmony of its movements, one State steps forth, and, by the power of nullification, breaks up the whole systeht chain of the Union into asthe true grounds of the Constitution thus attacked, I raised my voice in its favor, I must confess with no preparation or previous intention I can hardly say that I embarked in the contest from a sense of duty It was an instantaneous iainst duty, I trust, but hardly waiting for its suggestions I felt it to be a contest for the integrity of the Constitution, and I was ready to enter into it, not thinking, or caring, personally, how I ht co that I trust the crisis has in some measure passed by The doctrines of nullification have received a severe and stern rebuke froeneral reprobation of the country has been cast upon them Recent expressions of the islature are decisive and i is for the Constitution

While rity of the Constitution, and the essential interests of the country--to the cause of ranted, not an inch, to menace and bluster Indeed, , unconstitutional doctrines, are, at this very moment, the chief obstacles to mutual harmony and satisfactory accommodation Men cannot well reason, and confer, and take counsel together, about the discreet exercise of a poith those who deny that any such power rightfully exists, and who threaten to blow up the whole Constitution if they cannot otherwise get rid of its operation

It is ratification, Gentlereat State has been so clear and strong, and her vote all but unani of these occasions, in the House of Representatives Certainly, such respect to the Union becomes New York

It is consistent with her interests and her character That singularly prosperous State, which now is, and is likely to continue to be, the greatest link in the chain of the Union, will ever be, I areat States which lie in her neighborhood agreed with her fully in this matter Pennsylvania, I believe, was loyal to the Union, to a ainst whatsoever threatens disunion and dis It is not to be gainsaid, that the union of opinion in this great central mass of our population, on this urs well for our future prosperity and security

I have said, Gentleer to the Union fro is to be feared from those ill march up boldly to their own propositions, and tell us that they ress But, certainly, there are dangers to the Constitution, and we ought not to shut our eyes to theent judiciary; but how shall we secure the continuance of a firent judiciary? Gentlemen, the judiciary is in the appointment of the executive power It cannot continue or renew itself Its vacancies are to be filled in the ordinary modes of executive appointment If the time shall ever come (which Heaven avert), when men shall be placed in the supreme tribunal of the country, who entertain opinions hostile to the just powers of the Constitution, we shall then be visited by an evil defying all reery From that moment the Constitution is at an end If they who are appointed to defend the castle shall betray it, woe betide those within! If I live to see that day coive it back to all its former afflictions, in the days of the Confederation I know no security against the possibility of this evil, but an awakened public vigilance

I know no safety, but in that state of public opinion which shall lead it to rebuke and put down every atteratify party by judicial appoint a court which shall construe away its provisions If ress betray their trust, the people will find it out before they are ruined If the President should at any time violate his duty, his term of office is short, and popular elections es of the Supreood reasons, an independent tenure of office No election reaches them If, with this tenure, they betray their trusts, Heaven save us! Let us hope for better results The past, certainly, e us Let us hope that we shall never see the time when there shall exist such an aard posture of affairs, as that the government shall be found in opposition to the Constitution, and when the guardians of the Union shall become its betrayers

Gentleround Older nations, with different systee all that justly belongs to us But weher part in the great work of i human affairs There are two principles, Gentlemen, strictly and purely Ahout the civilized world Indeed, they seeress of civilization and knowledge These are, first, popular governments, restrained by written constitutions; and, secondly, universal education

Popular govern, hty agencies which in our days appear to be exciting, sti civilized societies Man, everywhere, is now found deoverne as necessary to self-government On the basis of these two principles, liberty and knowledge, our own American systems rest Thus far we have not been disappointed in their results Our existing institutions, raised on these foundations, have conferred on us almost une? When we shall have nullified the present Constitution, what are we to receive in its place? As fathers, do ish for our children better government, or better laws? As me we can desire for it better than that, as ages and centuries roll over it, it may possess the same invaluable institutions which it now enjoys? For my part, Gentlemen, I can only say, that I desire to thank the beneficent Author of all good for being born _where_ I was born, and _when_ I was born; that the portion of human existence allotted to oodly land, and at this interesting period I rejoice that I have lived to see so ress of liberty, so ood report and evil report, it will be my consolation to be a citizen of a republic unequalled in the annals of the world for the freedoh prosperity, and the prospects of good which yet lie before it Our course, Gentleht onward, and forward Let us not turn to the right hand, nor to the left Our path is ht, distinctly defined, like the milky way across the heavens If we are true to our country, in our day and generation, and those who come after us shall be true to it also, assuredly, assuredly, we shall elevate her to a pitch of prosperity and happiness, of honor and power, never yet reached by any nation beneath the sun

Gentle duty reard, you have kindly chosen to select as your organ for expressing them the eminent person[92] near whom I stand I feel, I cannot well say how sensibly, the manner in which he has seen fit to speak on this occasion Gentlemen, if I e of constitutional law, he is aht You see near hi associated with hi benefits and lasting character, not only on the State, but on the whole country Gentlee myself much their debtor While yet a youth, unknown, and with little expectation of beco known beyond a very lihts, not of tedious, but of happy and gratified labor, in the study of the judicature of the State of New York I a the obligation, and of repaying it as far as it can be repaid, by the poor tribute of ard, and the earnest expression of my sincere respect