Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-11-20

FOR THE EN'QtIRER.
TiiE NEW Schools

The " new school," which Mr. Gales lately re-
ceved from the Editors of the Eng,iirer. il was
not To have hcen expected, that he would, so
soon, have renewed the combat Ii was moi
anticipated, that he would continue 10 andy
that epitlict, to those virtuous citizens, who
have 80 zealously, and, allow mo to add, so
successfully exposed the usurpations of the
supreme court. That epithet ought not to
have been applied Ia those pure citizens, who
are, III some sense, clothed with the mantle OF
ELIJAH Who are the lineal successors ofthe
J.;.BerSons, .'iad'Sons, and IdytorS, of former
times Nay, who, even vet, number among
their most Jealous members, all of those illus
trlous patriots. 1t ought not To have been ap-
pied to citizens, who only contend for the
liberty, as well as the union, and glory, of their
country; Who only deny 10 the general &C.
Ncrnment, powers not granted To- it, by The
constitution and only ask, for the statc-go-
'ernments, that they shall not be entirely
swept away. oopprobrious epithet ought.
surely, to have been applied TO those, who on
~ contend Tor the div ision and limitation of
power: And who only say, that checks and
balances are essential to the preservation of
hberty.--Thosec checks are a mere non-entity.
unless they are applied to rcpress invasion :
And unless they are, also, graduated, 10 meet
tne degree OF the oppression which is inflicted.
Mr.. Gales, has repubshed from the Enq,i-
rer Pr0et of bill, in relation to the usilrpa-
ions ct the supreme court, and has inserted
an article OF his own, upon that suhject.-In
thus publishing that prolet, in his widcly-cir-
culatlnS gazette, he has, without intending il.
rendered an essential service 10 his fc!low-citi-
zens. They will see depicted in the lucid,
thouSh condensed, paragraphs ofthat BILL
not "precipice" which threatens them at a
distance,-bnt gulph which is already
yawnlnS, to swallow up the liberties and con-
situations of the states. They will at once see,
That every thing is lost To the states, unless the
aSG1essons of the supreme court are resisted
whether the proiet in question opposes 10
those aggressiOns, the precisely ADEQUATE and
proper remedy, is for the legislatures of the
states TO determine. They will decide, ,yhe;h-
or they he longer satisfied, with the milk and
water measures circumstance and protest ;
ana whether checks Of that character, are
strong enough to save us.
MIR. GALES is pleased to say, that this project
IS proposition to declare war aeainse The.
judiciary of the United States.' If this were
even so, we have salutary example on that
head, by recurring to The annals OF l. 09. in re-
iaiIon To the Judgments upon the scditiun law.
but Tins is not the fact. This proiat only
proposes to react upon that department, the
elect of their own Illegal and unconsiitu!ional
measures. 1t only seeks To deny TO that de-
partmcnt, the power to destroy the cums.i:t-
IONS and ludlciaries of the STATS. il only
proposes TO Interposc, for the preservation OF
tle state-governments, one of those sal,ltarv
checks and pauses, which can only preserve
the balances provided by the constitution. A
pause of this character, is Infinitely preferable
To blind submission to tile mandates of dcs-
p9tic power.
Mr.. Gales also says, that this proict a.
mounts 10 declaration that, thereafter, :" the
laws and treaties Ofthc U. States shall have
no force or effect, within the state of Virgil
MIA" The paper contains no such declara-
ton. If 1t were even enacted into law, all
sultors may still have the full benefit of the
Judgment of the jederoi courts by bringing
their suits therein and an ample security also
exists, on this head, even in relation to the
state courts. The judges of those courts are,
also, sworn To support the constitution of The
United States. The federal Judges, them
selves, act under no higher sanction than fhj.
oath, IN the performance of their respcctivr
duties.-As for this projet, repeat. that it is
to be decided by the legislatures of the states
whether any thing short Of it,. will suffice.
sincerely hope that it may and that this par
tlcular measure may he found TO be unneces-
sary. Moderation is, sometimes, admit, a
great virtue but when it gets below par, il be-
comes weakness. 1t is not the part of wis
oonl 10 resort 10 measures, which are entirely
inadequate to effect the purpose intended.
Mr.. Gales, not satisfied with these outra-
geous peryersions Of the principles and ten
dency of the paper in question, actually mis-.
represents and MIssTATEs the expressions ot
1t He says, the bill " is 10 be proposed to the
legislature of Virginia for its adoption" -
thereby lnslnuating, that it is n measure ma
tllred and concocted, for the consideration o
that body. 1t is not to be so proposed, unIes.
some member should concur i'm opinion with if.
ant nor, and move that the bill should be en-.
acted. 1t Is not matured and authoritative
measure, but mere PROJECT or prOposal.-The
author wishing to address his fcllow-cit!zens
on this great subject, has chosen to do if II
this Jorm This presume he had right tc
do yet no greater dignity is attached to it
than to an ordinary essay in the newspapers
This editor also palpably misqu0tes the pa
per in question in another important instance
He says that it asserts, that the federal gor
eminent is as to the state of Virginia for
elgn gore'nment"; and he even prints these
'ast words u foreign govern nent') in large
characters Further; well knowing the obi
um justly attached to the legislature Of Nassa.
chusetts, during the late war, ne saws, that. tht
paper in question has used the same IaneIlag,
with that eglslature.--Wh Whatever langt,ar,
That Legislature may have used, on any occa
sion, the paper in question has not used In,
paragraph imputed TO it, by Mr.. Cabs. l
has not said, that the government Ofihe Unit
ed States IS as to that of Virginia, " a forejcr
Sovcrnment."-It has only said, land cyer
that, by mere implicatt0n,) that the s,Iprem
court is qUo1d the state of Virginia. and fl
relation to the case in question, foreign coifrI
That court is undoubtedly u foreien court il
relation tO this commonwealth, which assert
powers, not granted to it, by the constitution