Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-01-03
RICHMOND. JANUARY 3 1870
FOR THE ENQUIRER.

X
Que TO the high and honorable character.
which they have maintained for patriotism.
ana public spirit, and with that frankness
winch becomes the citizen of a free republic.
me Crisis appears TO me 10 be all important
10 tue existence of the sovereignty of the
STATES. The. government of the United States
Is not unlimited in its powers: its authority il
circumscrlbed by the provisions of the instru
heht which gave it birth. The enlightened
saeeS ana patriots who framed that govern
ment knew well, That the establishment of one
government with powers TO controul lhe des-
TIMES OF the great empire which the United
states would naturally and certainly become,
would cndanger the public liberties. The
states and the people, both by the confedera-
t'on, ana by our present constitutions only en-
trusted 10 the federal government such DOW
rrs us were essential 10 the preservation OF the
public safety, and the management of their
exterior and national concerns. The soye-
reiSh'y OF the states with respect TO powers
n ~ granted, was To be preserved inyiolate.
Nor was this left to implication, though il
would have arisen from the nature of com
pact oil specified powers, but was expressly
declared IN the provisions of our constitution
=" CHARTER. As sOou as the GOV eminent was
adopted, Il struggle arose between parties, one
oil which commended for The right to exercise
under certain general phrases in the constitu-.
tion' powers not expressly given, nor essential
10 carrying such powers into effect and the
other' winch was for restricting congress, and
the federal authorities, within the limits pre-
scrihcd by the true meaning and intention of
the trainers Of the constitutions The first in
roau made ON the constitution was the act es-
thoilS.inS ihe Bank ofthe United States. and
'nc dangerous tendency Of improper and ille-
gal pTcredents, is illustrated by the fact, that
me acquescehcc of the people in this mua-
sure, Is quoted as AN authurity for subsequent
iniractions of the compact. The next meme
fab'e contest ON this subject was about the,
alien and, sedIion laws which were attenp,-
I'd to he justified, by forced constructions, aud
f.F-ictch,.i and remote analogics which il WAS
coniended existed between those. measures
| ana some oil the specified powers of the ir:,,-
raj government. Public sentiment declared
against these acis with such irresistible force.
that Though they received the sanction ot the
federal Judiciary, congress were obliged To a.
pailiiun them, ami Their exislcace contributed
mainly To produce inat revelation in the adj
minlstraiIoh OF the goyerlinent which took
place In the contests which at different pc
RODS arose, the Legislature of Virginia has
always taken most decided, and influential
part. In proof this, il is only necessary 10
consult It's journals, from the earliest times Of
me present constitution Of the United States,
10 the present moment. Like faithful guar
iians oil the state sUyereigntles, like watchful
senine's over tile public liberties, your predc-
ccssors have asserted and maintained the
rights OF Their constituents with Il force of ar
glment, and an eoquence of language which
truth and patriotism could alone inspire. The
administration of the general government has
remained since the memorable period "a 1888,
Ia me hands oil that political party, who have
ever pfOieSsed 10 make The support of STATE. So
'ercJGnies the Indispensable basis of all their
| measures. 1t was to be expected, that ait,,
| pubic sentiment had been so uneuuiyocally
expressed; no farther efforts would b. made
10 Introduce INTO this country mode of con-
strung The constitution, which would.change
| It's Character and convert il into government
of unlimited powers And if the EFFORT hada
been boldly and openly made by the ady,-
Gates OF THIS system, il would have certainly
Jailed of success. What force cannot accom- :
piish, may sometimes, however, be eilcctei
under the more peaceful but not less danG,-
rous guise, of the administration OF the public
justice, through the medium of public tribu-
nais. The principles which were alleged TO
nave justified the bank law, and the alien and
| seuiton law, were not extinct, though they
were qllcsc.nt for a time; and the supreme
court oflhe United States, ayailed itself OF the
great number of instances which occur
red OF conflicts betwccn the state and federal
authorities, to Propagate political dogmas,
winch public sentiment had uueauivocaIv
condemned, and TO give construction to the
constitution Of the United States, which conf
ded To congress an unlimited authority 70 use
any means they might deem expedient 10 car
| ~ any specified powers of the government
i.io eject. The inevitable consequence of
/ ms construction was 10 sub, ert the constitu-
| 'ions OIL the STATES, and to establish one grcadJ
| consolidated government on thcir ruins Look
| nj fb,sr .Ge al.
| commencement of Mr. Jefl'erson's administra-
ton, and it will be- seen that they contain his
tory OF a continued warfare carried ON, against
The state authorities, which if persisted in, and
not resisted by the states, will eventually con
vert them INTO miserable pageants, destitute
| OF the attributes of sovereignty, and burthens
instead of bIessngs to the people
| The federal courts too assumed to them
selves the exclusive right to decide when the
compact between the states and the general
government was violated. They first confer
red by their decisions unlimited powers on
congress, to pass such laws as they might
deem exPcdicut, aud then erected themselves
INTO arbItcrs IN the last resort as to when the
congress or the states violated the constitu-
ton. In doing this, they violated the plainest
principles of justice, which regulate the af-.
iairs either of states or individuals, which for
bid mat one party TO compact should take
INTO lils own hands the exclusive rirbt TO de-
eide when il is infringed.
| There IS no individual who would subject the
ineanest article OF his property, to such CON
troll, and it is unreasonable to suppose that So
vereign states would subject themselves, and
the rights of their constituents to such un-
mited authorities. There is nothing in the
constitution which conlers such powers in the
courts Of the Union, and the state iudiciaries
Il tkfIa l1,.I n