Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-07-15

LII al occauo, to-remark, that it has seemed
good to those who are laborins TO ofins o.ase
Rights into disrepute, TO represent tneif au'
of fine present day as eontending for ne" ooo-
trines. and the changes have been ranS w., d Wv
:. Carolina doctrines" and the ''nuiiityihs uoe-
trines." until well meaning men. even a'"1"s
ourselves. have been induced TO beiie'e' 'a' my
are of modern invention, and that the very Term
notification has been coined to SUIT oui l''es."'
purpose. Now whether the term De d p cp:. o'
or not, and whether the doctrine wh'ch 10 :"F
posed to embrace, be sound. OF un9ou"u' zoo
certain, that thev are both a. oo dt ioa'' %
The Kentucky Resolutions Of thar yea; s."e' e
" attributed like those OF 9o) 10 ."c pe" u
Thomas Jefferson. confirm the following words:
II will read them to YOU, gentlemen, 10 proven,
snv mistake.\ ..Ihe several States that framed
that instrument. the Federal Constitution oeihs
sovereign and independent, have the unques''p 81,
able right to Judge Of its infractons' ana n""I-
fcetioa bv those SovereiSntes, OF all uhd"t''o'
lied acts, done under color OF that instrument
is the rightftd remedy" Ipresume we shai' Lear
no more of & notification" being modern i"'eh-
ton. and the {. Carol.a doctrines" VIII perhaps
find more favor in the eyes OF some. wheh 'tacea
to the Virginia and Kentucky Resolutions OF -
and 90. But the true import and extent OF 'l's
doctrine, it seems 10 me. has also oeeh %rsa'lv
misrenresented. The advocates OF STATE iei.h's
have been represented as contcnding tor the right
Of state. to renea at pleasure. all or any OF the
| Acts of Congress, and the consequence OF me
! exercise Of such an authority, has been made the
subject of Remuneration and ct sarcasm. no" as
| far as | know. no advocate OF state flgh!S mas
ever contended that the exercise OF the iesisianve
powers of Congress in relation TO me Army, tne
| avy, Fortfcations, the Post Ofhce. the JUDI
ciary. the regulation OF Commerce. IN reia'loh
to War or Peace or any other matter expressly
coufded BY the Constitution TO the federai
Governments can be lawfully arrested or s'ayeu
bv any power " hatever. 1t has never been louot-
el or denied that the acts of the Federal Govern
ment, within the acknowledged sphere of ITS au-
thoritv, are obligatory upon the States. nor that
the laws of Congress made in pursuance of the
Constitution, are the supreme law OF the land. ="
Butt has been contended ,hatin an extraordinary
case where the powers reserved to thu States under
the Constitution, are usulped BY the Federal
Government, and it comes to be question OF con-
flicting claims to Sovereignty, II Is the right OF
"A State" and in proper case, would become
=. a solemn duty" not only Ito Judge OF the IN
fractions of the Constitution, but to lnterpOSe
its authority for the preservation OF lis reserved
riphts. If the Federal Government. shall con
fine its operations to matters clearly Federal, and
in which all of us have common interest, no
collision could possibly arise. 1t is only when
thew assume doubtful powers not expressly grant
{ ed, when they (who alone possess practically
the power to make it) refuse :! to appeal to the
, source of power," which Gen. Jackson we'll con-
siders sas the most sacred of all our obilga'
tions"--that it could even become necessary
that state should interpose g. fnr arresting the
progress of the evil" until such time as accord
ng to the idea of Mr.. Jefferson) "a Convention
ton assembled at the call Of Congress, or two
rs s13 an authority BY twoof theii
organs - In an extreme case like this, there is
no other possible remedy, and it does appear tC
to me that The eris'ence of this right will be found
indispensable to the preservation of the reserved
rights of the State though its exercise ought to be
and will be restrained by all the considerations
OF prudence, and of patriotism, which must make
II the interest, as it will be the duty of a State,
not TO take such high ground, until the only al
ternatve left Is TO assume il, or - TO submit to
Government without limitation of power."s 1t
does appear to me, in the language of Mr.. Mad
ison's Report :. that if the deliberate exercise of
powers palpably withheld by the Constitution,
could not justify the parties to it, to lnterpose
even far as to arrest the progress Of the evil,
and to maintain the rights and liberties apper-
tanning to the States, as parties to the Constitu-
tlon' ana thereby to preserve the Constitution
itself, there would be an end to all relief from
usurped power" Thi, power may be liable to
abuse, tho while the Constitution shall be ex-
pounded fairly, and Justly administered, and
the Union shall be felt as a common blessing,
hardly consider it possible thatit should be abus-
ed. but however that may be. it is certainly less
liable 10 abuse than the power claimed on the
other hand for the Federal Government; tits less
liable 10 abuse than the power daily exerted by
bare majority of the Judges of the Supreme
Court OF annuIing. not only tie acts Of Congress,
but OF every state in the Union--and it is more
overindi5pensably necessary for the preservation
of the reserved rights of the States and Of the
people. unless it is intended that these shall be
held at the mercy of the Federal Government
will put strong case and let gentlemen point
out II they can the "righdul remedy" accord
ing to their principles. The treasury being fiji.
led by taxes imposed upon you, under all the
forms of the constitution, the money is appropi-
ated to purchase the freedom of your slaves, for
the purpose of co'onizing them to Africa. You
are to be paid for your property with money drawn
from YOUR own pOckets until the money ia ex. |