Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-10-12
FOR THE ENQUIRER
No m
70 tie people Of The United States.

4
supreme over their written will? lie, US first ex.
| anime,
| Whs'her, acting IN any capacity whatsoever,
and with the arGuiescence of the country, anv act
OF one or more. most of the State iegisa ures
aepugnant to the constitution of the u S. can be-
! come the law of the and.
| That the Sa,o Legislatures are not parties to
the constitution that they did not ratify or es ab-
iish ii--snd that the powers given by that in
| stiumcnt to the United States, nor prohibited to
tue Saie-, are reserved not 10 the Slate LegiSia-
fnreS, but TO the States or to the people are points
which no one viii dispute.
II is,rue, the State Legislatures did cleo, mems
oers TO the federal Convention which framed
the Constitution; but in ihis it has been said b.
one, whom all a.init to be competent to decide,
that 3" they 'surped power utterly unknown
TO their const,tutions."(D And in this case tan
1t ~ agreed by all. that as the constitution came
rom the convention, IL icds noiking but a dead
ietfeF, until life and rGii,!iiy mere breoihed iato
oy the voice of The people, speaking thr ough the
several state conventions,' which ratified and ac-
cepted it.(2)
1t is true, too, that By the Ssh At. 4" The Cons
gres', whenever two lhr ds OF both Houses shall
deem 1t necessary. SHAH propose amendments to the
constitution, or, GA application of the Legislatures
oil 2Sd' OF he several States, shah call a conceI-
nor j0T proposing amendments, which, in eilhe,
case, shall be valid 20 all intens AID purposes as
part oil The constitution, iDhe1 ratified by the Lee
SisIdiTes OF three fourihs OF The several States'
In amending the constitution, thea, to
look an tis article for the power of the Legsia-
lures to Interfere. at all in this great subject They
nave no hereditary rights on this poiut. Tue State
constr uiions cannot, and d1 not give them pow
eI topropose amendments either TO the constitution
OF The United State-, or TO the G.rmanic or Bril-
tisn constitutions. Their lowers to alter or amend
the constitution, are found in this dIticle And
II says nothing about practices of most OF the LIE
sislatufes, and the acquiescences of The country.
w han f,tutf. t..fz-
the people FOR ratification or rejection tina, among
The arguments addressed ''to those " ho ppr ehend-
Ell danger TO liberty FROM the establishment of the
government of the u. State, over so great a coun
Try, direct appeal made 10 The intermediate
existence OF the State gos ernments, bet " cen the
people, aud that government, to the vigilance with
Z" hich they would descry the fret symptoms of u
surpaiIon, and TO thu promp'itude with which they
would sound the alarm to the pub'ic."(3) This
vigilance OF the State Governments was urged az
one OF The principal barriers to federal encl zach
ment.,
Bat il was always conceded for these slate 90
vernments, that their declarations an such cases
should be viewed as - expressions Of opinion I'M
accompanied with any other effect thsn what they
may produce on opinion by exciting reflection -
Ahal 'be-e expression OF mere opinion 10 be
viewed as totally unlike The expositions of the
judiciary, hich carried into Immediate effect
oy 'orce' The former may lead to a change liz the
ieSis"lYe expression OF the general, possibly to
change in the opinion OF the judiciary, or to "a
rnentmens 10 the constitution in the written
modss' according 10 the written will OF the people
But according 20 the doctrine of Mr. NicDut.ie
the practices OF most of the Legislatures, accom-
Psnled with the acquiescence OF the country, that
IS 10 say, " mere practice irithout right,'' and
contrary 10 the spirit and express er of the
Constitution, shall have equal validity, nay, para
mount force TO The Constitution itself
| Having that the constitution furnishes no
Of me-
men's, let us now procsed to the magical d ctrine
OF " acqn:escence of the couniry."-For what the
practices of mos, OF thu legislatures cannot accom-
pIish By them'elreS, s to be made good by the
tde9hsSeence Of the country"
This doctrine of the scqiIescepcc Of the country
ls as old as the mountains aud certainly can trace
rack lis pedigree to the seven hills OF Rome f4)
IL is doctrine which can boast OF high and i'm
perial decent. Not exactly under this name; for
1t Ir sometimes very convenient and iIdicious 10
change NE names Of tiirgs-particuarly when
me meir name does not excne the unpleasant
! sensations the cid.
The doctrine OF &C tacit consent" of " general
agreement" q universal CONSENT we'll settled
practice, precedent 'ssfe precedent - ssurrac.
iceoi most win the scqu-srenee OF the count ry''
IRE all one. Names alter not the essences of thing:
ahese remain pmulabe.
Ii And II is precisely by such things as these
names stand for, that all despots, be they lew or
many, whether imperial, IN mchical, or arts
tocrsiics, or democrsfcal. claim 10 exercise their
power. And they always tell ~, too, that il is
TOR the good OF the governed-- the general wei!
fare. Ga! cert.iniy, certainly. Truly this doctrine
OF despotl-m to destroy fOTitten constitutions i.
sweeping one. As has been well observed BY n
great mao who has lately left u.s. s'fur what usur-
patton may we nos find pyecedeat in this world
OF beuIn Omnium in omnes." s. .sOne precedent
IN favour oi power (says this political prophet) il
stronger than one hundred agains it,
| For whyf because the sod old rule
Sutlceth tnem; TIE simple pisn.
| Thai they sh9uid take -e4o have he fo-ee~
Aud tney should seer who eau"
IN the U. States the conduc, of public ser
want bound to (6) support the uJiifsr will OF his
master, who sets up he consent of that mas
ter in opposition to this will antdorofipsly de.
efaTed, forciby reminds US Of what took place for
msrly, with resi- ect TO the "tyo tables OF stone
written with The finger OF Goi."(D
" Thus have ye made the commandment of Cod
OF none effect 10y ycuf iradition.''[s) Nothing so
| easy as ip service.
To get I'D Of the law written on stone bV The
finger Of God nothing 50 easy as TOR the scribe to
po"t his hngerr 10 the tradition written by The pen
/ OF eldefs on parchment. Bot am no, ceriaip
that The scrioes took the trouble even 10 toyife f,
traditions on parchment. Or whether they did not
conceal them 10 their own breasts, (9) and after
the Tact commiied, ~ sr the parchment, aud make
I th-f sentence both the law and the Judgment on
lh't isct whether they did not keep offences un le-
/ hned, 30 be declared re n0fa, according 10 the
passions % i1duceBserts Of the moment, thereb,
leaving The MEASURE Of tae punishment and tie H.
osfiy OF the citizen, entirely At the mercy Of the
! scfi5cs or pharisees We have seen such things
/ even 10 our own country.
/ (i0) The advantages Of tradition. s.,s r-aeiiesq
| and precejenis over written laws are manifesfly
great But unfortunately, it IL not ths gresi mas.
o. me people " 10 ere Usually benefited by them