Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-10-15

the States as sovereign pariies.o their consii-
tutonai compact, must ultimately decide whe-
Their II has been violated, that such decision
onght 10 be interposed either in "a lasty man
ner, or on doubtful and inferior occasions.
Even I'm the case OF Ordinary conventions
between Inherent nations, where by the sttict
rule OF Interpretation, "a breach of a part may
be deemed breach of the whole every part
l,cing deemed a condition OF every other part,
q OF The whole, a rs ALWAYS laid down that the
breach must be both wltul aud material To
justify an application OF the rule. But in the
case OF AN intimate and constitutional union,
like that OF the United States, il is evident
that tho interposition of the parties, IN their
sovereign capacity, can be called for by occa-
sl'hs Vniy. deeply aud essentially affecting the
vital principles OF their political system.
he resolution has accordingly guarded
against amy misapprehe tension OF its object. by
expressly requiring for such AN iuterpOsi,Iou
" Tie case of deliberate paipdLie, aud dangerous
breach Of the Constitution by the exercise of
porers not erantcd by il. Ii must be a case.
not OF "a light and transient nature, but OF a
nature dangerous TO the great purposes tor
whici, the Constitution was established. IL
niilsi De case moreover not obscure or doubt
tul IN ITS construction, but plain and paipilie.
Lastly, III must be a case not resulting from
partial consideration, or haStv determine
ttoh bui case stanpi with "a iiuai cou>iderd-
no" aAd ddi1rrdte adherence. Ia u not uecps-
sary because the resolution does not reu..tc
thai ihe question: should be discussed hcy; tar
'nr "NeirISe 81 amy particular power. pn.raut-
g" by ne Constitution, wouid Justify the in
'eIpos',ion OF the parties to il. rs cases might
easily he stated, which none would cOuten!
onght TO tai. within that description: eases, an
I've other hand, might with equal pn>p, be
stated, so hhgtant and so f,;fi H. TO unite eve
~ OPINION IN placing tiem within the descrp-
ton.
Butthe resolution l..s done more Than guard
against mIScVnSirurtiou, by expressly refer
TING 10 cases OF c'''6efais, pdi.abi. aud DIM
srT0uS hatnie. IL SPECIFICS the object o, the
lhterposi,:un which II CONCENTRATES to he sole.
iy that of afieStiu.: The progress OF The rrjI of
nsurpa'ion Gnd OF maintaining the authorities,
ri.hts and liberties app, iiainin. 10 the state.
as parties TO the Constitutions
From thus view Of the resolution Z; ,vould
seem IhcuhcelNdD!t Thai Il can int. any inst
uiSappi obaiiou from these, whn ilyinr a>,d.
az monen'ary impressions, and IT cpli.r: ,.,s
me genuine source and ohiert Fl the EedeIal
CONSTITUTION, shall candli'iy aur accurately H.
,erpret The meaning of The Gcu.rai Assembly,
III the deliberate rXercisr at Dangerous nov-
efs, palpabiy Withheld d by the Constitution,
could not Justify the parties TO IL, in inIe,pns-
ING even so far as 10 arrest The pro.icSs Of the
eNi, auu thereby la pgesPryt the Constitution
Usci, aS wei as 10 rrOVide tor The SAFETY nf
Tie parties To il; There would .Ie an end 40
all iehet from usurped poHer and a d,iCri
suhversion OF the rights specified ~ :ecoun;yPd
unoer All the State Con tiutIous. wei as 4
pam denial of the Fundamental ptinctrle al,
which oar independence Itself was dec,,r,J
But II is objected that The Judicial authority
IS to be regarded as the sole exposition of TIA
constitution, ~ the last rcsort; aud il NAV he
asked Tor what reas0H, the declaration ~ the
General Assembly SuppoSin. II to be ,leSreti-
c"iiE true, could be required al the prescut
uaN aud IN so solemn i manner
TN TINS objection IL might be observed first
inat there may be instance. ot usurned 800 Aer
WHICH Tie forms oil the Constitution wound ne
yer draw Within the cOnireul of The iudicioI
department secondly, that IL the decision of
the Judiciary be raised above the authority of
the sovereign parties to the Constitution, the
decisions ot the other departments not car
red by the forms of the Constitution before
Use Judicafy, must he equally authoritative
aud final will tile decisions of Thai Department.
bnt The proper answer TO the objection is that
TIE resolution of the General Asse ubIy relates
10 those great and extraordinary cases in
winch all the forms of the Constitution NAV
pFoVciaeHectnai against iniraCtIOns dang er0ns
10 the essential rightsof the parties 10 H. The
resolution suppeses that dangerous powers not
HeIegaieu, may not only he usurpsd and exc
cutch Thy The other departments but that the
lnuiclai depdii ment, aiSomay exercise or sane
tiol dangerous powers beyond the grant of
INC Constitution; aud consequently that the
ultimate right of the paIiies 10 the Coustitu-
tion, 10 judge whether the compact has been
dangerously violated, must extend to VIOLATIONS
ny one delegated authority, as well as hy ano-
ther by the judiciary, as well as by the exc
cntIve. OF The Legislature.
However tue therefore il NAV kp that tho
JhdlcIai department, is, in all questions sub
united 10 II by the forms of the Cun>titutiou
10 decide IN the last resort, this resort, nIusi
necessarily be deemed The last relation 10 the
authorities OF the other departments Of the go
0ernment; not In relation to the rights of The
parties to the Constitutional compact from
which the Judicial as well as the 81. er ,Iepart-
ments hold their delegated trusts On ANY 9th.
er hypothesis, The delegation OF judicial power
woGld aunui the authority deeratiuy il and
the concurrence OF tins department with The
Others III usurped powers, nIIght subvert for
ever, and beyond the possible acli OF any
rlghtinl remedy, the very Constitution. wheel,
all were instituted to preserve
The truth declared IN the resolution being
established, the expectancy of making the
declaration al the present day, may safely be
ieit 10 tue temperate consideration and candid
Judgment OF li!e american public IL will no
remembered that a frequent recurrence IN
iundamentai principles is soIemuly euIoined
Dymost of The state Constitutions, and partic.
uhfly by our own, as necessary safeguard
against the danger of degeneracy 10 vyh,ch
Republics are liable az we'll as other Goyerr-
inents, though III d less degree than others =
Ana tar comparison OF The political doc
iIihes NOT nntreqnent at the present day, with
those which characterized the epock of our
revolution, and which form the basis of our
Republican Constitutions, will best deterniiu..
whether the deciaTatOry recurrence here made
10 those principles ought 10 he viewed AZ nm,
seaSonable and improper, az as 4 vigilaut dis
charge OF an inportIu' dHty. Tie Authority
OF Constitutions over Governments, and Of the
sovereignty of the people nvcr Consultations
are Truths which are at all times necessary
to be Kept la mind and at no lime perI,aos
more necessary than at present
We hold il therefore in commoa with
the republicans Of %, that n is lie riyhI
aud the duty Of the States in all cases of
dangerous and deliberate breaches of tie
federal constitution, 70 iuerpose for
arresiIng tIie progress OF The evil"
We hold that The Bauk Law is a DANGER.
aus and deliberate breach of Tie Cons,i-
tuition.
We bold That The argument Of tie SUI