Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-01-02

". "''o"a' Sdp'ai, or all imperial me-
ropois' empowered TO extract wealth
from sia'es, existing only to pay, but not
TO preserve. The effects of ali The nnw-
ers given TO Congress would be no,h,ne
without the existence of the States: and
a capacity 10 feel these effects. ia some
evidence OF That existence. A preiector
could hardly convince AN idiot. tina, bv
Tue loss al some moral faculties. lie had
ioSl MS whole existence and thai there.
lore TINS protector had Il right TO throw
scalGiug Wafer upon him. " Assent or
ins'rnmcnialiy" comprises the Is hole mo-
raj ar constitutional existence of the
states, according 10 the extract. Have
they then by cOntedera'ing Tor self de.
ience agains, foreign conquest, lost the
rig'i' OF 50 II defence against domestic op.
preston In every other case Chose
ut assent or instrumeniality exceptedY
me ttect OF constitutional congressional
l.gislaiion Is commensurate with the
u. States, and state l.gi~la,ion in oppo.
si'on To il is but shadow.' Blu, The
learned lawyers have mol told us, that is
10 De done IN cases of unconstitutional
congressional legislation. Suppose it
should trSspass upnu the powers reserved
u" ~ s'aie'. Have they no power Of
resi- lance, ecause he's have no existence.
sare only an cases Of assent or insirunentaH-
ty IL so, then as in every otte, case.
constitutional congressional gislaiion Is
commensurate wnli the u S ate they
nave no remedy against Unconstitutional
laws, except such as may impede this
assent OF insliumeutali,y." An uhIruit-
tai s:shi a! asserting. and mere miuis-
teriai msirumeniaii',, are who'll, unaii e
10 correct laws, ami uei-
,her ,an be destroyed with VI Il, siroying
mi "A
necessary ioI The existence OF the fedora,
government, The opinion ex,e pis these
Two classes OF siaia nights from the r-a, h
oi unconstitutional laws. Blu II has NOT
in'ormed rs Why these slate rights should
br hor" sacr a than others Sappcse
Congr' ~ should by uucUnstiiuiio, al laws.
ncroach gradually upon all The r,yhis re-
served 10 the STATES. undei ptrirnts az
pidnsibl. as the uutitine THAT The ten
miles square belong n iae people, aid
therefore The peopl belong TO me ten
miles sq"a'e. The learned lawyers have.
NJ, repeat, told III whai is t. he done.
lw eNpouad iIieif silerrc. As the niu,ss
teFial lgh's oi assent aud insirumentaiiiy,
catnoi be destroyed hy Congress, with
oai deS r3y'ng !scii, iiiai body, lar from
having d mutivr T. Impair these STATE
ri5hl>, such as choosing Il president. se-
nainrs, ana representatives, mus, or, sr,ye
them for ats o"R existence /; but ether
stale rgh'H, lrtne those which are only
exposes 10 danger, are supposed 10 be
shbjeci 1" tie supremacy u tie federal courts.
~" ak d tne rlSA y reserved and
lht rights given IN The states by the con-
sl'iuti u, arr ussqually secured 2 l. one
class exposed to Jnu,cial supr, macy. aud
the ether mol !! II both axe subj, ttr q 10
Il comblnrd supr, Ua OF Congress ard
'hc federal courts, lien a concurrence of
these Two federal departments can Issu-
Late or Change the rights ot The states
over persons, either given or reserved by
He constitutions: AMI Tins CON blned si,-
pr,macy can by law aud ad,uuIcaIIon mo-
iIIy the cOnsn uiion. Ia fact, the rights
reserved are equally organic of The prin-
clpk. OF our confederation, as The rights
De>towed and boih ar neither musi be
snOJeci 10 Ibis pretended supremacy. If
both are, 40 h~et prInciple exists 10 de-
s!gnale ihe cOinpaci, "a us essence must
either be. thar Ihe rights or powers re-
cipfotd!'S p'TntiliUd or requIr, on The
part both ri Congress AMI the states.
should b. equally independent OF each
ylher, >or II Will have no essence at all.
II Is concession 10 admit, ibai the
state aud federal governments are co.or,,-
Daie, collateral aDd equal with respect TO
HER constitutional nights, ana of course
correct mode oi rea,pniug nugui 10
nave co'apared the unconstitutional riebts
NJ one party, with The constitutional ,I1bts
OF the other ; and to have confronted vio4
idiions OF lie construction by eIilcr: ,n
discover whether tie constitutional and
the unconstitutional laws of one, stand
npun The better ground than those ol the
other. 10 avOiFi TINS correct mode of
reasoning, the opinion iallaciously COR
fronts unconstitutional STATE laws. with
constitutional congressional laws. and
concludes, thai This weak champion of
state nights is but slladuw, IIs a.ser.
ton IS that constitutional con gressiomal
legislation Is commensurate viii the q
States, and STATE legislation ~ opposittoys
10 II, Is bal Shadow" WHY because
such an opposition 10 constitutional con-
gressional laws must be Unconstitutional.
Vow let H. reverse The pToposliion.-
Constitutional stale legislation is COM
mensurdie win the state, aud congressiOn-
al legislation III opposition TO N is bui a
shadow. Why Is cause such an opposi.
ton 10 constitutional state laws must also
be uneonstlu ional. Both propositions
being equal, sOunU, tie learned iawyers
ought TO have reasoned upon this lair
ground, when would have brought as 10
HE True question, namely, whether The
| federai VeiNmeni Out moi The slate 90.
VeIments) can turn these shadows into
substances.
Has the federal government power 10
execute lis constitutional laws, by
mems OF tile supremacy assumed by The
federal couris, over The state c0uris, 10
which ,heialtrT are -ubmiiiiug wilbuBcon.
NJ tHtInUil precIpitaBCI 40 uncODstituti.
val law, Is moi a laW uH ieT, bur above or