Virginia advocate. [volume] (Charlottesville, Va.) 1827-1860, 1830-10-29
POLITICAL.
AIR. MADIs0Ns LETTE8

montpelier, .August lS30-Dear Sir. !
nave DULY received your letter, in which vo,
refer To the nulliivIng doctrine" advocated
as constitutional right, by some of our distin
Puished fellow citizens; and to the proceed
inss oil the virginia Legislature in '9S and
10, as appealed to in behalf of that doctrine .
and you express wish for my ideas on those
subjects.
am aware of the delicacy of the task in
some respects, and the dffic u!ty in every re-
spect, OF doing full Justice toit But, having.
IN more Than one Instance, complied with n
IKE request from other friendly quarters, |
do not decline sketch ofthe views which I
have been led TO take of the doctrine in
question, rs well as some others connected
with them; and the ground from which it
appears that the proceedings of Virginia
nave Deen misconccived by those who have
appealed to them. In order to understand
the true character of the Constitution of the
United States, the error, not uncommon.
must be avoided, of viewing 1t. through the
medium, either of consolidated Govern.
ment, or OF confederated Government
whist IL is neither the one nor the other :
ou; mixture OF both. And having, in no
model, the sinlitudes and analogies appIica
Die To other systems "f Government, it must
more than any other, be its own iDterpre,er
according to It's text and the .facis of Ire case.
from these 1t will he seen, that The { ha
racterlsllc peculiarities of the Constitution
are, L, the mode OF it's formation 2, the di-
vision OF the supreme powers of Government
between their States in their united capaci.
W, aud the States in their individual, capaci-
ties.
L. IL was formed, not by the Governments
oi the component States as the Federal Gov.
eruments OF the component States, a s the Fe.
deTal Government for which j; was subst,tu.
ted was formed. Nor was it formed bv n
majority OF the people OF the United States
as single community, in the manner of a
consolidated Government.
1t was formed by the Statee, thu, is. bv The
Peorie III each of the States, acting in their
highest sovereign capacity and f,rmed con.
tsequentiy 10y the same authority which form
ed the State Constitutions.
being thus derived from the same source
as Tie Constitutions of the States, il has
within each Stale, the same authority MS the
1ConstiutIOn of the State; and is as u,ucl, 2
Constitution, in the strict sense OF the term
within ITS prescribed sphere, as the Constitu
ions oI The States are, within their respective
| spheres: but with this obvious and esseptiaI
Iuihelehce, mat, being compact among the
States III their highest sovereign Capacity
" constituting Tie people thereof one people
LOT certain purposes, II canDot be altered .I
ahnulled at the will Of tho States individual
w az The Constitution OF State may be a
It's individual will.
| q And that it divides the supreme power.
l"i government, between the Government q
The United States, and the Governments o.
individual States, is stamped Oh the face o
the instrument the powers of war and O
taxation, OF commerce, and of treaties, anc
i"ther enumerated powers vested in the Gov.
eminent Of the u. States, being Of as high
and sovereign character as any of tn,
powers reserved to the State Governments.
Nor is the Government of the United
States, created by the Constitution, less ,
SsvsrHtnsnt in the sSiet sense of the term