Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-01-30
RICHMOND. JANUARY 40 Is9I
FOR THE ENQUIRER
THE RIGHTS OF THE STATES.
No
To the General Assembly of Virginia.

y" """itSS YOU, ds The heprtSt NJ aflves oil
The people al this State, in its sovereign
capacity. The conduct OF your Honera.
bl" Body, during The most evcu'ful peri
ods OF our history, anima'es me with a
hepe Thai Won Will hear me for nv
cause" Iou have already on the part
ei This stale. proved yourselves the iea
,ous guardians OF lis rights and honour.
During The memorable period of 90 and
w, wien cur pride Vas insnlied, and IL
berry assalIed. by laws which would have
disgraced any code, you were among the
hrsi to sound the ieesin of alarm. aud
assume the attitude OF dcfencc. The
iirm and dignified manner i'm which YOU
nave demonstrated on various other occa.
SONS, against usnrpalions by the General
government upon the rights Of The States,
emDoidens me III the appeal TO which
solicit your attention.
The subject which | would beg leave
10 submit 10 your consideration, is no
less. Than the exPediency of procuring
SUCH an amendnIen, To the Federal Con.
s'iiu''on, as will establish a competent
tribunal, tor the decision of all contro
versIes 10 which State and The United
ota'es may Income parties. Bv The cou-
s,iiu'ion OF The u. s. il is provided. that
congress on the application of two.tbirds
OF The states. shall call a convention for
proposing amendments TO that :nsiru-
meni. Is through your Instrumental
W, thrfeiore. that wonid endcavour 10
Drihs the subject concerning the propri-
riy OF such an amendment, 10 The consi.
oPraiion OF The other Stale Governments.
ana OF me American nation at large. That
't.rs question ought TO be decided in HE
ainrmative, must be obvious from very
c"rsory view of The nature of our federal
compact but more especially from the
absolute disqualification Of the supreme
court OF the u. s. 10 decide with impair
LIal''y upon controversies between the
General and State Governments. Anci.
EN- and modern history have contributed
tneir tesiimonS 10 prove The necessity of
es'aoiistiing tribunals to decide i'm the
,ast resort, the collisions which NAV arts e
between The members of a copfedrrated
government. The Lyc;an confrderacy.
me Amphvc'Ionic council. and the A
chien league, have reflected some light
upon me structure and utility of tie con
'f"eracies CT antiquity while the histo-
%, '"r owlss CantOns-ihe United \, -.
Iheriands-and the different states rom
posing the Germanic Empire. affords a..
o"ndani evidence of the iumul,s and dis
ofoers inseparable from confpdrracy Of
s'a'es, having no common and acknow.
'e"geo arbilcr OF disputes among It's
memOers. The history Of The feudal
,imrs gives gloomy picture of III. dis.
uae.en state OF Germany, before the es-
, -. "i the 1n'prrial Chambar by
maXlmiiian. which al once Quoted The
nis orders which had called il into exis-
t"nce. This body, appointed rsrily bv
we o'a'cs, and partly by the Emperor.
was admirably constituted 10 aIjay The
Jeaiousy-command the resperi-and Sc
cure me acqmiescence of the Germenic
ota'es IN lis decisions. tits TO he regret
leo .nai ne science OF federal govern
men' can be so little benefit d by re-
ference 10 either ancient or modern his.
'ory' excep' so far as il may point Out the
"eiec's oi former institutions of this ma
.n'e. ne United States owe more 10
me WISDOM OF the statesmen and heroes
WHO gave bir'b to their political Jude
pehnrnre, Than 10 any examples whirb
cooio DE CITED az models for their in,i
'a'ion. But whilst the American Go
vernmen' and people have much cause
OF Gohgrafuiaiion at the unexampled
iide OF successful experiment" which
" has been our good fortune 10 enjoy
lei us no, be blind 10 those defects in
our constitution, which experience NAV
nfveiope. " Tyranny (~avs the Federal
ISL mas perhaps oItener grown out Of
me assumptions Of power called for on
pressing exigeHcies bv defective con
s'''h,ion, than out Of the full exercise of
we largest constitutional authorities -
'h's sentiment, cannot be too depply
impressed upon The minds of Tie Ameri.
can people. II will therefore he The mart
{" WISDOM TO lose no time in curing The
oe'ects' and pruning the excrescences
I'D ou' political institutions, which time
nav unfold. "ThP erection of npw
government (savs The same excellent au
NOR, whatever care or wisdom NAV dis
hpg"ish The work, cannot fail to orjgi
na'e questions Of iniricacv and nieetv .
ana ihese Hav ina particular manner be
expected IN How from the establishment,
OF constitution founded upon the total
or partial incorporation Of number of
oistiHct sovereignties. Time only can
mature aud perfect so compnund n srs.
lem. Iiquidsie lie meaning nc all IFS oar,s.
ana ADJUST them IN each other in y bar-
InoDIous and consistent uhoIc a." To at,
taln THIS grand deadcrdtuD1. ia CON
summation devouily 10 hr wishpd"-io
wards The accomplishment IF which. a
rrvisIoh Of the judicial branch Of our GO.
site.
me constitution Of the u. s. has mi
provided tribunal competent 10 dccide
WIN impartlalify, unon questions which
msyresuIt from conflicting claims IN pow,
fr by The General aud State governments.
IN cnumeraiiDg The powers nf the Judici.
airy, " would seem strange indeed, (not-
outstanding The phraseology of that
clause OF The constitutional that it could
nave been contemplated To make q, or
s'TSfe b'anch Of The very government.
whose powers we're 30 carefully deIinpa
ted, and so jealonsly granted tbe ,oL