Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-02-19

necessary 10 do more than TO thro" INTO me
opposite scale the authority on WHICH o'u'n
Carolina relies, and here, for he present.
am perfectly willing TO leave me controversy
The South Carolina doctrine, that Is !" says
the doctrine on aimed in an exposition report
ed bv Committee Of thu Legislature IN NC
cember, 1928, aud published by their authoIi-
W, is the good old republican doctrine OF 80
the doctrine Of the celebrated 'Virei"la kr
solutions" of iha' year, and Ut M'disop's
Report" Of 'e9. I: will be recol'ected that
the Legislature Of Virgin, in December '9S,
took into eonsidrIai n the Aim and oedl
ton Laws. then considered oy oil Republicans
a, gross violl ion Of hr Constitution ot the
U States, and On hat day passed, among OH
ers, ,hh following reNolY ION
"The General Assembly doth explicitly and pc
remptorlly iecar that views 'h powers al the re-
d-ral Government, resulting from III compact 10
which the States are parties, ~ nn''-d by 'n' pi""
sense and int ntion of The instrument continuing hat
compact as further valid than they are authoriz"d
by the grants enumerated IN that compacti and that IN
case VI deliberate paipsb'e and dangerous exercise
of other powers not granted by the said compel, the
States who are parties thereto have tn right and are
in duty bound, inerpose for arresng the progress
of the evil aud for maintaining within their respective
limits the authorities rights and liberties aPperta'nng
TO them"
In addition 10 these yesolu lions, The General
Assembly of Virginia "appealed To he ohrr
States in The confidence that they woulG on
cur wIh that Commonwealth that the acIs
al, re >aid hr alien and sedi,on laws are an
constitu ional, and that The necessary and pro-
per measures would he aiken by zach Tor Coz
operating with Virginia in maintaining un'm
paired the autho' ilies, righ's md liberties, re-
served 10 the States respectively, or 10 The
People"
The lepislatu, e. Of several of the NV Eng
land S ates having, contrary 10 the rxpec alton
of Inc L, gsla,ure of Virginia, expressed thei,
dissent from these doctrines; the subject came
up again for consideration during ine session
of 1899, 1900, when it WAS referred 10 srlec'
comml,,ee, by whom was made that oelebra'rd
repor, which is famliafly known as Madi-
sons Report" and which d serves to last as
long as the Cons,iluii"n itself In thai report,
which was subsequently adopted by HE Legls-
la,ure, the whole subject was deliberately re-
rxatnned, and The objections urged against the
Virginia docriaes Carefully CONSIDERED thu re-
sui, was, ,ha, The legislature Of Virginia re-at-
firmed all the principles laid dow" in The re-
solutions of 1898, and issued 10 ihe world that
admirable repor, which has stamped he char
acler Of Mr. Madison as the preserver OF thar
Constitution which he had contributed SO large
ely 10 create and establish. | will here quot.
from Mr.. Ma, sons report one or two passages
whic h bear more Immediately on The point il
controversy.
"The resolution having taken this view Of the fede-
raj compact proceeds to infer "that IN case OF deli
berate, paipabie, and dangerous, exercise OF other
powers, granted by the said compact. the States
who are parties thereto have the right and are in duty
bound to interpose for arrcsng the progress Of the
evil, and for maintaining within their respective lin.
it's the authorities, rights, and liberties, apPertaning
to them "
cit appears TO your Committee to be plain prnci-
CHILE founded in common sense, illustrated by com.
mon practice, and essential to the nature OF cOmpaots-
that where resort had to tribunal, superior
to n authority of tie parties, the parties themselves
n,usi be the rghl judges IN the last resort whether
the bargain made has been pursued or violated. The
Constitution Of the United States was formed BY the
sanction of the States. given by each in its sovereign
capacity IL adds to he stability and dignity, well Ms
The authority of the Constitution, that it rests upon
this gmlt and solid foundation. The States, then,
being the parties to the Constitutional compact. and
in their sovereign capacity, it follows Of necessity.
that there b. tribunal abope their authority to
decide in the last rts,, whether the compac, ma lie
them b. violated, and consequently, that the parties
20 it, they themselves decide, in the las, resort
such questions b. Of sufficient magnitude to re.
Quire their interpostion "
The resolution mas guarded against any misappre.
hension of ii, o ecl, by expressly requiring for such
dangerous ,ch of,he Constitution, BY tn exercise Of
po,oers not gvcnted by it" 1t must be cas- not of
hight transient nature, but of nature dangerous to
the great purposes for which the Constitution
tablished."
'But the resolution has done than guard against
misconsruc,ion BY expressly referring of de-
iberate, palpsbe and dangerous nature. 1t specifies
the object OF the nterposition, which il contempates
be solely that of arretsng the progress Of tie evil of
usurpaton, and Of maintaining the authorities, rights,
and liberties appertaning to the States, parties to
the constitution"
"From this view fthe resolution, it would seem
neonceivable that it incur any just disspprobaton
from those who, laying aside all momentary Impressions
and recollecng the genuine and object of the
federal constitut on, shall candidly and accurately in
terpret the meaning the general assembly. 1.-THE
deliberate exercise of dangerous powers, palpably
withheld by the constitution, could not Justify the par
ties in interposng far arrest the pro.
gress fthe evil and thereby preserve the consttu
ton ITSELF well as to provide for the safety of the
parties to il, there would be end to all relief from IL
snrped power anda direct subvers"n of the rights spe
cited recognised under all the state constitutions
as well plain denial of the fundamental principles
on which our independence itself was declared"