Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-08-10


signed them. We thought it improper thai
the members OF che Legislature OF New Hamp-
share, who were not al, law characters, aud
VINO had not tie means of making up an
oplnion on this important subject in IA few
hours, should undertake TO decide a great le-
"a! question and 10 use tie language OF an
esteemed friend, we We're 50 very dad the res
buttons Were indefinitely poStpoara, because
welcomed 1t altogether aworil OF supcrervg;,-
loA IN any State Legislature to attempt 10
sanction the decision of the u. S. courts. Ir
those decisions are constitutional, thew will
stand the test without such aid; if they are
not constitutional, they VIII be reversed by
more mature c0unscls. But since certain
newspapers, whose columns aforcline tenn
Ell with the most bitter denunciations and i'm
precautions on the general goycrument-since
certain individuals, who united in coRclay.s 60
ntin'ldate its friends and stop the wheels of
that government, have beconla of late won
deriuiiy tenacious in assisting and rendering
every support to what they now call the
constituted authorities ;''-since shDse papers
and these individuals are now afraid that the
t'd's individual States will eat up the ere1i
General Government if the Legislatures of
those States DO not sanction every decision of
the United States courts right or wrong con-
stltutonal or nconsttuiional-we are con-
strained to say few words on Mr. Mason's
resolutions, and tn correct few misrepresrn-
'atl0ns that have gone abroad on this subject
These resolutions We're drawn mp with an
art which IS somewhat characteristic--they
may be compared to guided ptN, which
ngiit or might not contain rank poison Al
any rate, il was proper to ascertain its contents
before the potion was swallowed. The cx-
terror front of these resolutions contained the
doctrine OF " support to the general govern
lnent "a good and wholesome doctrine when
| II goes 10 support what is correct and 90 sub
mt TO what is incorrect until it may be con
stitutionally corrected. But it is manifest,
| from the use that has since been made of these
resolutions that something more than mere
support of the general government was inten-
ded by them-they were intended to support,
at least by implication, a principle which will
lead, not only 10 the prostration of individual
State rights, but To make the general govern
ment $50 faras the national legislature may be
considered a part of that government mere
| cypher. For instance, the national legisla-
ture might constituiionally pass law grant
| ing charter 10 the proprctors of a Bank IN
der certain restrictions and limitations those
proprietors might proceed, against fbc sprit,
but not against the letter Of that charter. 10
measures which would destroy every other
iaonied institution OF the country, and make
the great capital at their command subseryi-.
and government which had created them; all
the proceedings ofthcse proprietors might be
sanctioned blythe courts of the United States :;
and these very resolutions, had thew passed
both branches of the New Hampshire I.egs-
iature, might have been triumphantIy cited as
| approving both the proceedings of the bank and
| the decision ofthe Judges
The lilustrious JEFFERSON, whom we shall
always be proud to quote as our great political
q it, lac I.
fatal hercsy to suppose that either our
6. State governments are superior to the fede-
" raj, or the federal to the states. The peo-
pie to whom all authority belongs, have di-
Nlded the powers Of government into two
y" distinct departments, the leading characters
"of which are foreign and domestic, and :hey
have appointed for each distinct set Of
"inctIonaries." Now we leave il TO the de-
cision Of . the people, TO whom all authority
| belongs" whether MIR. Mason's resolutions
dld not IN fact contain the 90 fatal hercsy'' de-
scrlbed by Mr.. JeifersOn-whether they did
not, IN effect, go SO far as to admit that the
Judiciary OF the United States was in all ca
SEES OF jurisdiction superior to the Judiciary OF
the individual States. It has been contended
by many that the United States courts have
assumed jurisdiction in cases which pertained
exclusively to the judiciary of the States. IL
this should be fact, and they should go OH
III this assumption, it would be soon difficult TO
suppose case where the State Judiciary
would be a Z" superior" tribunal.
a heightened federal paper in New York,
me Commercial Advertiser, says The re-
port and resolutionsas adopted bythe house
" of the New Hampshire legislature. were
from the pen of the Hon. jeremiah Mason
of Portsmouth. His arguments and clo-
quence carried them triunphantIy through
the House, but in the Senate they were quite
unexpectedly indefinitely postponed" Here
1t seems to be admitted that Mr. Mason's " ar
guments and eloquence," not the merits OF tn 9
resolutions themselves, caused their passage
IN the House of Representatives Dir. NJ.
spoke some time on these resolutions, and VIC
understand was very eloquent in praise of The
general government but, as we are informed.
be admitted a fact, which, incorporated in the
body Of his resolutions, would entirely have
done away their intended effect, viz hat The |
indiUid,tGt States had constitutional Ji,LIfo |
tdr The property ofMe United Suites Bank. He |
eXpatlated at considerable length on the vio- |
lent proceedings of the State of Oho-said |
the proceedings in that State were Megql, be- |
cause the tax was exorbitant and unrcasnna- |
Die Now every man in the Legislature might |
nave been willing 60 concede that his ar.u-
ment was correct, and that the resolutions so
TAR as, but no farther than, they applied TO
ms argument, were also correct. No member
III the House spoke against Mr.. Mason, whose
argument wasso plausible. ii was pretty evil
dent that Mr.. NJ. had been outstanding his
popularity during the session with a view to
an influence on this Or some other important
question. This plausibihty had great weight {:
the House was taken by surprisc,a every
member voting for the resolutions But had
the members forescen the use that has since
been made of these resolutions-had they
seen that they would he applied to sanction
all the proceedings OF the United States courts.