Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-07-06
,uch. and 50 iustla iaalined br,ths Rpp

lid happen upon the passage of the sedition
aw, that largeportion of the American peo-
lie disapprove particular act, the force of
elblic opinion will exert itself in the legisla-
of the union. Rebellion will not fnd il
accessory TO rear her crest i'm the legislatures
of the states. Until it does happen, the cor
rection of the evil is TO he surely expected
from time aud from forbearance. fla legisla-
i've body should pass an unconstitutional law,
there would be every reason to hope that good
sense and reason would soon resume their
sway, and that the influence of correct princ-
pies would prevail
The science OF government is 4 science of
probabilities. The formation of constitu-
ton is a part of that science, and those who
framed ours, while they felt the fullest conyic-
ton of the hazards to which SO complicated a
machiue must be exposed, and must have seen
that they We're unayoidable--nost certainly
acted upon the probable operation of the
springs ofhuman action in producing the great
results OF permanent union OF the states, and
the unimpaifed preservation of their sove-
reignties They trusted much TO the states =
the powers of egislation--unlimited powers
of taXatior--the command of the militia
and the uninterrupted administration of JUS
tice by their own tribl mails. The same argu-
ment which would controul the state courts III
ihe exercise of judicial functions, would esta-
bsh the necessity of a power over the legisla-
ture. Neither was contemplated by the CON
vention; and yet their calculations of favor
able result have been happily realised. We
are told by the supreme court, Z" that different
= states may entertain different opinions of the
q constitutional powers of congress-" and we
are referred to the assumption of the state
debts and other laws which have been deem
ed to he in conflict with it. But what anar-
cily have these opinions produceds? In what
bow faI
state obstinatcly resisted the laws of the Uni
on, orithe Just exercise of federal jurisdiction
lnthe state of Virginia, which has been looked
upon with no favourable eye by federal autllo-
rity, because she will not 90 stand mute" when
her rights are invaded iii the state of Viz
.;sinia, the authority OF thu Union has been all
prevailing. The constitutonality of the as
sumption of the state debts-the constitutions
Atty of the carriage taX-the constitutionahty
ofthe stamp act, all were questioned by her:
But has she ever resisted these acts BY other
weapons than those of reason and argument
She did not admit that the British debts were
recoverable. The federal courts having iuris-
diction of the subject, We're of different OPT
mon, and she has bow ed to their decision. She
did not admit the coastitutionality of the back
law. Where are the evidences of her resis-
lance Of its operation? In the arguments IA
lone which she has urged against it. She was
deemed a fit subject ON which to enforce the
dctestcd seditiOn law that act which equal
~ set at defiance the great principles of ma
rural liberty, and the chartered privileges OF
the constitution. The minister OF the law APP
pcared among us. With more than lihatla-
manthian rSour, he decided without hearing
al all, and the penalties Of that infamous act
were inflicted among this unrcsisting and
peaceful people. The congress of the United
States and the Judicial officer are here louad
III the violation Of the constitutions, whiln that
state patiently acquiesces, on which it would
seem the suspicion of anarchy ought to full RI
;hcr than that the possibility oftyranny in the
head should be admitted. The legislature
rose, ii is true, in their might they bucked
themselves in the armour oftruth, and thr I'M
principlcd administration which had denounc-
edthem, was hurled from the seat Of pow
er, by the voice OF the nation.
: Let me ask then, whether the Trainers of
the constitution have not wisely calculated on
1.-The Influence ola sense Of duty--and the obi
CATION Of an oath upon the officers Of the state
governments. lit be said, that in the turbu-
lent federal councils OF the state of ,Massachu-
sets, M example is TO be found ofthat San
arehy among the members" which was so
much apprehended, | am willing to admit
shat the conduct of the federal party of that
state approached it more nearly than any
thing We have known. / acknowledge that
conduct 70 have beena perpetual disgrace to
themselves and TO the party which was iden-
Cited with them. But the momentarv ebul-
iition of bad passions is to be apprehended un-
der all governments, and the result has shewn
that Just calculation has been made on their
being momentary. Such too will probably
he the case with every attempt which my be
made to resist an unconstitutional law of con
grcss, except upon the floor of that body, or
ix..f Il. 1f.
then but choice of evils. TO leave the pow
cIs of legislation, and the independence OF
their tribunals to the states, might expose the
Union il is true, 10 occasional but shortlived
and partial opposition to its laws To control
The Legislatures OF the members OF the confede-
Iacy, or TO render their criminal jurisprudence,
and their Judicial proceedings subjects of re-
vision by the federal judiciary, would destroy
fhefederative principle which was so scdulous-
ly cherished and introduce incalculablc mis-
chiefs into the administration of affairs. The
convention wisely determined to adopt the
least evil, and to leave the states sovereign and
supreme 10 their sphere of action.
II is not my purpose to go at large into a
specific answer to all the difficulties which have
been raised on this subject. | shall leave that
task TO some more able hand. | will remark,
however, that if the vindication of the aItho-
MY OF the Union, requires the subsection of
the judiciary Of the states, lest the latter may
partake ofthe disposition of the legislatures
. to resist or defeat in the form Of law, the
legitimate measures Of the Union" it may be
sound necessary 10 carry the doctrine yet far
Their, in order toproyide against the licentious-
ness OF jures. Ifthe spirit objection shall even
ascend to the bench, it is not difficult to pre-
sumo, that it will have it's influence among
he people, from the body of which, the iu-
rles are To- be sslected Irhe nifernnf To on.