Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-12-25

RICHMOND, DECEMBER %
VIRGINIA LEGISLATURE.


them referred TO the Committee of the Whole,
aud ordered to be printed:
Instructions from the General Asse,abLy of
Vrg.inIo, to James Barbour, and James
PieasaatS, jan. !Seaators from the State
Of Virginia, an the Congress of The United
Statss:-
The General Assembly of the Com
monwealih of Virginia, feel confluence
IN vour disposition, Ia maintain and de
fend the rights of The State, of whose so
yereign'y. you are the representatives in
the national councils: yet they consider.
that occasions may arise OF such impor-
lance, as 10 require. and Justify pariicu-
lar expression Of their sentiments.
The Geueral Assembly of Virginia, are
devoted.y attached 10 the Constitution OF
the United States, aud Ia the Uuion of the
States, and they deem il u most sacred
duty, 10 guard and maintain them. against
every violation.-'fo secure the blessings
they confer, II IS incumbent, both Oh pub
Tic bodies and individuals, 10 watch with
vigilant eye, any measures, which are
calculated TO change the character of the
government, or TO impair It's principles.
1hIs Is peculiarly the duty of the States,
who are parties 10 the compact, in their
highest sovereign capacities, and who are
bound by every consideration which
ought 10 influence the conduct of man
kind, 10 preserve II, in its original purity:-
The General Assembly had hoped,
whatever diversity OF opinion NAV have
existed i'm the United States on other
points, that there we're some PRINCIPLES of
the government, 80 sacred in themselves,
and SO sanct,iied by public sentiment.
that ihev were moi now, TO be brought
into qHestinn.-Fhey had supposed, that
OF this character are The propositions,
that the government of the United States
is government, of limited and defined
powers; that II has no authorities, EXCEPT
those expressly gwen. or snch as are in.
dispensibfe 10 carry into effect powers ex-
presslS Delegated; and that all other lights
and authorities, are retained to the States
respectively, or 10 the people-That this.
is The real character of the government of
the Union, results not only from the ex
press declarations OF the Constitution it,
self the avOwed sentiment of those, en-
gagged in framing it, but also from the
circumstances, under which il was esiab
lsbed. Emerging from dependence on
Great Britain, the states formed thirteen
sepeTaie soverelgnties, and declared them
to be SO, i'll the act assuming indepen
denc".- These sovereIgnties, were eX-
pressiy retained, by the articles Of con
federation, as they have since been bv
The constitution Of The United States; the
very basis of whose existence, is the re-
cognition Of The State Governments
The danger of consolidation, was fore
seen and predicted by the opponents of
the constitution; lis tendency or aulori-
ty to produce il, was denied and disa-
vowed by It's advocates, in the conven
items TO which II was submitted. Could
II have been believed, that this character.
was justly attributable 10 II, it j. most
certain, ii would never have been adopt
ed.--1be General Assembly, are most
Soiemnly Impressed with belief that IL Is
essential TO the preservation OF Tie con-
siitu;iOnal charter Of ihr u. States, of the
sovereignty of The States and of The Ii
berries Of the people, which il was in
tended TO perpetuate; that this principle,
that the government OF the United States,
is constitution Of limited and defined
powers, should never be lost sight off,
Deeply penetrated with this conviction,
II is with much concern and alarm, that
they have seen, by recen, decision of
the Supreme Court of the United States
Tin The case Of McCuIloch against the
State of maryland) tie powers attributed
20 the general government, and which are
eGmenily calculated, TO undermine Tho
pillars of the constitution Itself, and 10
sap the foundations and rights, OF The
State governments. In noticing This de-
Cistom, II must not he understood, that
the General Assembly, mean 10 admit,
that ihc opinions of the supreme Couri.
are CnHc usNeiN plpd'ug on Tie States, ia
Questions relating 20 The extent of The
powers, delegated To lie general govern
Hcut, nT retained 10 ibe Slales. In those
great aud important contests, which may
arise upon the true construction Of the
compact, il must devOIve on the parties.
themselves, 10 piige Of The iniractions OF
If, whether nccaSioued, b> thr legislature,
tn executive, Or the Judicis y.-This re-
suits from the PLAIN consideration, that
the parties TO the Federal compact, were
Sovereign States, and that with respect
TO The powers retained, The States are as
sovereign, as tue Unted States are, as To-
those granted 1t could never therefore
have been the intention OF the states, 10
submit the exleul OF their authorities.
aud rights, TO courts, created by one
party io the compact, which party has
the 0pp0intment Of JUICES; who however
enlig tened, and honest, cOHH not be pre-
ScDied ~ a contest between rtcaf aulhori-
ueS, 'O DC eIeWPt Tom lildI esprit ne COJpS,
TO which all men may be more, or less
subject; aud, who in relation 10 thr "i1i
mutton OF duties, and increase IF cOmpeAsa.
ton at least, are dependant on lnr very
body. whose acts, or authority, may be
brought in question: Nor does the pro-
vision in tie constitution, that The Iudi-
cial power shall extend TO at cases arising
Wiier the constitution, impair the force Of
thp contradiction tVif.b 10 ppntapIaI 10
However this may relate TO questions
10 be decided, as 10 The different depart
ineBts OF the government, II does nOt,
and cannot, ~ this Assembly believe, eS-
tend to questions, which would amount
liz.