Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-12-26

TO remove doubts as 10 what punishment !
should be inflicted, that il DC sinpiiiied |
and expressed in the law itself. He held !
himself ready to agree to he amendments
suggested by the gentleman from Penn
Sylvania, (Mr. Ciay) which he expeSted
would satisfy every member, except the
gentleman last up from Tennessee.
Mr. Nelson took this oppor unity oil express
ing, in the n,ost public and most explicit manner,
;hat he should on all occasions vote against every
measure which went TO aggran5ize she power Of
the United States at this expense OF the indi.i-
iull state governments, or the authority of the
people II IS at this da, admitted. tha, the sc
neral government have no other powers or juris-
dition than what are granted by the people IN the
constitution; thar the powers noS dciega ed there
in. or prohibited by il TO the states, reserved
10 the states respectively, or 70 the people The
seelion before the committee contains TWO impor
tant regulaiions--one OF which he considered as
Just and proper; the other not, as warranted by
the constitution Nay, it would be direa in
tringement upon the rights of the individual
states. The section c'r;e'rplatcs giving aulo-
rity to the state officers call ont the militia Of
the state TO execute it, own laws, and thereby
take the comroani, Of that force out of The hands
OF the executive authority, where the STATE con-
sti,ut,ons generally paced il. i!e admitted the
rigat OF Congress cal forth the militia in cases
OF Invasion or instruction, and 10 execute the
laws OF the Union but exc!uSive,y of these ca
ses authorised by tue constitution, he was bold
TO say Congress had no right 10 interfere with
calling the militia into service The command
oil the militia, he considered 4 sovereign pow
er, and IS such it could not be exercised by TWO
sovereign autiori,ics; as thar w oud destroy tho
very idea Oi sovereignty, which was an exciu
sion of all other authority than one; the sia,e
executive c9ald not call iouh the militia and the
Congress excTci.e the like power ut the sans
time lie should always hold up his hand q
ganst such intci ference with the state sovereign
ties, assumption OF power by Congress, III
This case, well as other analogous cases.
Some gen lemen have entertained doubts .whe.
Their Congress nave power authorize state
officer 70 execute process within the United
States juFiadctioni If Congress have exclusive
jurisdiction, j; is competent Tor them TO point ont
the manner in which il shall be conau1et, AMI
the per ons by whom The states cf Sew-Yotk
aud ConnsaIcug may mutually as e tina the pro
cess of each state may takc cfel in the other
THIS is principle plain 5hat II oanuD be icubt
cd, x It never ought % have been oub G, bat what
| Congress NAV in like manner permit 2 sta,e pro
cess 20 be executed within rs exclusive iuris
d;Aion
His colleague Mr. Nicholson had made dis
tintticn. on e. joining it upon state officer 10
| call out the militia, and said that only gave him
the power TO do so, if he deemed it requisite. IL
is true, that 1T is not enjoined as 4 duty, bu, it
is nevertheless equally true, that you assume to
take away The rover Of governor of STA c and
give HE authority TO justice of peace intended
by the state cons iruiionS to &c exclusively with
in executive and legislative cont, Oul---He should
therefore vote in favor OF striking out that pa I
! OF the section, giving TO judges or Justices the
| power Of calling out tine militia, while he meant
to favor thar part extending the power 20 the CT
vii officer of the state TO make an arrest within
the territory Of the United STATES, or waters I'M
der its jurisdiction, in cases Of fagitives from
ju'tice
| Mr. Dana had no obieaion to the second part
Of he ciau5e, so far it went 10 preserve pea {
! in oar port, and harbors, or maintain the rights
! of state against every forsisn aggression
! whatever, The general idea of combining The
force Of the United States and the force of an in
dvidual s'ate. he thought unobetiionable as TO
its principle, and gentlemen differed merely as 70
/ the detail True. the manner Of conducting this
| operation was important, and required dslibera-
zion in order to avoid the establishment ofa pre-
ccdent, which might hereafter be drawn gu, to
support an uno onsti;utional auth ority,-ln respect
to lac irst point, calling forth rhe militia TO exc
Gu the state laws, he did not that il need be
considered as an in5uperabie impeachment; be.
cause although the United Starcs could not call
=
themselves possessed the power, & would no doub;
provide for IT'S efhcacious exercise in carrying
ihoir respe9liv laws into full e1ea But loc-
trne, tina; had been broachcd for The hrst tina in
the course of this debate, was 4 subject of an a.
! farming tendency. and in his op3nion was con-
trary TO the whole scope of the constitutional
powers granted 10 the general government ofthe
J Uuion. 1T is said that the laws Of particular
states are laws OF the United States because the
| states are a part Of The Union. The constitution
declares it 20 be the day Of the President to take
cave that the laws be faithfully executed. and he
is to commission all officers OF the Uni cd States
Is it meant TINT the President shall see to the
| execution of the laws Of each particular stare
! This will give 4 vast range to Presidential autho-
rity. But this Is not all fer If yon extend your
! view 20 The end o. this construction, IL will be
found that the judicial authority is CO extensive.
and they will pass ju igment Of right upoa the
stare laws 1t is very well known that the laws
Of the several states oftwo kinds part statute,
! ard part common law; and this viii extend their
jurisdiction 10 all cases arising at common law.
| Grant this sweeping clause It's whole range. and
II will enable the courts OF the United States 20
draw every Irrigated snbjeA within their own
cognizancei this IS 4 step which surely gentle.
men are not prepared TO take at this time.
With resped 10 the latter part Of the section,
. he was prepared to 80 the whole length He
I would furnish he whole force of the I. States 70
support the peace and Independence of the states,
and to vin1icate lawful commercial pursuits a.
gsiust any or every nation thai dare attack hem.
! Il a@.aufc1 tc the r,oe.t1c, rs 1enfisr,a-