Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-02-14

Ceue dt pressure from the Union. M provision
made for the exercise Of this right, either by the
federal, any of the state constitutions. The |
act OF exercising it, presupPoses departure from
the principle Of compact, and resort to that OF
force.
II. in the exercise of their respective func tons
the legislative, executive, aud judicial sa,tho-
titles OF the Union OH - side, and Of one oil
more states OH the other, brought into d.
rect collision with each other, the relations be-
tween the parties longer those of constitu
| tional right, but Of independent force Each
party CONSTITUTES the common compact for itself.
The constructions are irreconcileable toge ,her.
| There is no umpire between them. and the appeal
is to the sword the ultimate artier OF the right be
tween independent states, but not between the
| members OF one body polite. l therefore hold it
as principle without excep: Ion, that whenev er
| the constituted authorities OF state, authorize
resistance TO any act of Congress, or pronounce
1t unconstitutional, they do thereby declare them
selves and their State Quodd hoe OF the pale
! the Union That there is no supposab.e case, in
which the people OF State might place them
selves in this attitude, by the primitive right of
insurrection against oppression, will not affirm:
| but they have delegated no such power their
legislatures or their judges; and il there be such
| right, 1t is the right OF an individual 10 commit
| suicide-the right OF an inhabitant Of popuSous
city TO set fire TO his own dwelling house. These
are my views. But 10 those, who think that each
| State IS sovereign judge, not only of its own
rights, but Of the extent OF powers conferred upon
the general government by the people OF the whole
struction to the constitutional powers of Cougt ess
! may array Its separate sovereignty against every
act OF that body transcen6ng thi- innate Of their
powers-ts say OF men holding these principles.
! that Tor the ten years from 1904 to 1914, they
were intending dissolution Of the Uuion, and the
| formation OF new Confederacy, is charging them
\ with nothing more than with acting up to their
| princi pes.
l.. To the purposes Of party leaders, intending to
accomplish the dissolution Of the Union and new
| Confederacy, two postulaies necessary. First
an act or acts Of Congress, which may pc resisted,
az unconstitutional; and, secondly. state of ex-
citenen, among the people Of one or more States
| OF the Union sufficiently inhamed, to produce acts
oil IT, Slate legislature, ceht1icting with the acts
| OF Congress Resolutions of the legislatures DENY
ing the powers OF Congress are the first steps in
TIN, march TO disunon; but they avail nothing,
without subsequent and corresponding action. The
annexation oil Louisiana 10 the Union was beiiey-
ed to be unconstitutional. but it produced no ex-
citement 10 resistance among the people, It's ben.
enclai consequences to the whole Union were soon
teit and took away all possibility of holding il up
as the labarum OF a political religion Of disuuion
| The projected separation met with other disasters,
and slumbered, till the attack Of the Leopard OH the
| chesapeake, followed by the Orders in Council oil
ith November, 1907, led to the embargo OF thc
| 22d December OF tiat year. The first OF these e.
vents brought the nation 10 the brink ofwAr with
Great Britain; and there is good reason to believe
| that tbs second was intended a measure famii
lar TO the Policy OF that government, 10 sweep our
1 commerce from the ocean, carrying into British
ports every vessel OF ours navigating upon the
seas, and holding them, their cargoes, and their
| crews, IN sequesira!ion. TO aid in the negotiation
of Mr.. Rose and bring Us the terms of The BIZ
tsh cabinet This precisely the period al
which the governor of Nova Scotia was giving To
\ his correspondent in Massachusetts,, the friendly
warning t7om the British government the revo-
iutonizing and conGuering plan OF France, which
| was communicated to me, and OF which appiiZ-
ed Mr. Jefferson. The embargo, in the mean time
| had been laid, and had saved most of our vessels
and seainen from the grasp of the British cruisers
III haa rendered important the British Orders in
| council; but, at the same time, IT had choked
up the channels of our own commerce. AS us
| operation bore with heavy pressure upon the
commerce and navigation OF the Moth, the fede-
raj leaders soon began TO clamor against it; then
| 20 denounce II as unconstitutional; and then 10
call upon the Commercial States TO concert mea-
sures among themselves, TO resist its execution
The question made Of the constituiionality of the
| embargo, only proved, that, in times OF violent
popular excitement, the clearest delegation of
power TO Congress will no more shield the exer-
else oil IT from charge of usurpation, than chat
I Oh power the most remotely implied or construc-
i've Inc ques ION OF the constituonaty OF the
embargo was soleinnly argued before the District
court OF the United States at Salem; and althouh
The decision Of the judge was in its favour, i,
continued 10 be argued to the juies; and even
When slenced before them, was in the distemper
OF inc tunes SO infectious, that the uries themselves
habitualiy acquitted those charged with the viola
lion OF that law. There was little doubt that i'll
the question OF constitutionaty had been broup h,
before the State judiciary of M massachusetts,, the
decision ct the court would have been against the
law The brst postu!ate for the projectors of dis
union, was thus secured. The second still linger
ed ior the people, notwithstanding their excite
ment' still chung to the Union, and the federal ma
Jority In legislature was very small. Then was
brought forward the first project for Convention
OF Delegates from the New England States TO meet
III connecticut, and then was the time, al which
urged with so much earnestness, by letters to
my friends at Washin gton, the substitution of the
non-iniercourse for the embargo
The non-intercourse substituted. The ar
rangement with Mr.. Erskine afterwards en-
ensued; and in August, 1900, embarked upon
public mission to Russia. My absence from tbe
United States was of eight years dura ion and |
returned to take charge Of the department Of State
in 1917.
The rupture OF Mr.. Erskine's arrangement. the
abortive mission of Mr. Jackson the disclosures of
Mr.. John Henry, the war with Great Britain, the !
opinion OF the Judges of the Supreme Court oil
al 1ssdchuseus, that by tLe constitution OF the |
onteu states no power was given either TO the |
president or 70 Congress, TO determine the actual
existence OF the exigencies, upon which the |
militia OF the several states may be employed i'm |
e service OF the United States, and The Hartford
Convention, all happened during my alb. ence from
tins country | forbear 10 pursue the narrative |
The two postulaes for disuDion were nearly con- !
sunmated The inerposiion OF d kind Proyi- |
oehce, restoring peace to our country and 10 the |
world, averted The most deplorable of catsstro.
Plies, and turning over to the receptacle of things
lost upon earth, the adjourned Cobven tion from |
Hartford TO Boston, exilnguished (Dy the mercy
OF Heaven, may II be forever) the projected New
England CoDlederacy.
Gentlemen, have waved every scrtIple per- |
maps even The prophecies oil my situation TO give