Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-04-23
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In 1889, whilst Kentucky was sinarting under tho
consequences of her struggles against the tomahawk
and scalpng knife, and those Of the Revolutionary war;
to which have just alluded, more alarming grievance
sprung up under the action of the General
high-handed system of measures put into opera
on direct taxes, excses and internal duties were
siitued; large standing army was authorized; army
OF officers and taxgathcrers swarming through
the land, 10 take tom the mouth of labor the bread il
had earned, without sufficient OF Justification
AS il 10 shc the voice of the people, estroy the free
dom OF discussion suppress the sentiments OF the hui
man heart, and beget temper of passive obedience,
the acts, commonly called the alien and sedon laws,
passed. The alien law placed in the mower of
the President Of the United States order all aliens to
depart who might fall under suspicion Of being sus-
peced by him Of being dangerous the peace and safe
~ OF the United Stacs and in case OF refusal TO obey
such order to them TO be arrested and sent
of the United Sta'es No ccusatou of any crime COM
med no trial before any court, was required; the sus-
pcion Of the President enough. foreign dialect
enough; and unless the persons ordered 10 depart
could prove, by evidence satisfactory the President
that they were not aliens, not dangerous and obtain
ccnce, by giving bond and security for good bcha-
viour they were 10 depart be arrested and sent out
Of the United States. This was eveled against all
foreigners who had arrived shores and who had
not completed their naturalization. It evelled
gainst oppressed humanity seeking home and an asy-
um peaceful shores from the expressions and
convulsions OF the old world II couneracted the poli-
cy of the States aud laws for naturalization which
invited foreigners to and settle uncultiva'ed
forests The scdition law was leveed against citizens
well as aliens, il il were intended. by the errors
of inqusiton, TO restrain the commerce OF hearing
writing, printing, OF speaking, OF public and pub
lie measures
Kentucky had tasted OF liberty she was no, of tenn
per to drink of the cup OF slavery to submit i'm ST.
lencc to encroachmens upon her rights authorities
privileges In those early of virtue the princ
pies oil the revolution remembered; the sly en-
croachments of power which had been perceived, and
resisted, rernembercd the danger of suffering
nexous precedent to take properly estimated
1t fell TO the good fortune OF Kentucky, then the young
est sister of the Union TO take the lead in raising tho
voice OF the State against the cncroaehments and usur
patons OF the federal government The resolutions of
Kentucky OF SO, passed the House of Representatives
with but few dissenting voices, unanimously con-
Cured in by the Senate, and approved by the Co
The concord with which they passed does hon
or TO the spirit of the times.
Those resolutions asserted two great principles; that
the federal constitution is founded in compact between
the States that, in OF deliberate papable, and
dangerous exercise by the federal government of pow
ers not granted by the said compact the States who
parties thereto, have the right to interpose for arresn
the usurpaon and for maintaining within their respec-
tive limits the authorities, rights, and liberties apper-
tanning TO them.
The resolutions were drawn by Mr. Jefferson and.
as understand, were drawn and transmitted TO Ken
lucky, upon consultations and COMMUNICATIONS between
Mr.. Jefferson, Mr. Madison Mr. John Taylor of Caro-
line, Mr.. Spencer Roane, and Others of Virginia. and
MIR. George Nicholas, Mr. John breckenridge, Mr..
Hubbard Taylor, and others, of Kentucky. The same
principles asserted by the Legislature of Virginia
in l79S and again the ensuing session
cd and indicated in very lucid report penned by
Mr.. Madison.
It is not my intention enter al large into the prin.
cipes OF tn0Se nut leave them To the
men's contained in the resolutions of Kentucky and in
IT,, mastery agum OF Mr. Madi.on as the he ,d of
the committee Of the Legislature of Virginia of 1909
few remarks however upon the orig n and internal
structure OF the Constitution may not be improper.
This new Constitution Of the Federal Governments
grew out OF the old Constitution and articles Of confed-
GRAFTON The third article OF the old Constitution de-
clareh IL TO be firm league OF friendship between the
several States " Tor their Defence the securi-
y OF their liberties, and their mutual end general well
fare. The 18th article declared, the Union should be
rerpsna and provided for amendmrnts il agreed to by
the Congress and afterwards ratified by the legislatures
Of the States. The Congress. rectng his provision
for amendment proposed to the States Convention of
delegates Tor the sole and express purpose Of revising
the articles OF conederat and reporting Congress
and the several legislatures such alteration and provi-
sions therein, as shalt when agreed TO in Congress,
and confirmed by the States, under the Federal Con-
si'u,ion be adequate to the exgencies of
and the preservation Of the Union" The delegates
were appointed by the States, according y-they met
in Conventions revised the cid Constitution; reported
their revsa to Congress, who reported for conrma
ton to the several Legislatures of the Staes who
,horzed the Conventions in the states who ratified it,
and their rai6cations again repor the Con-
gress Upon receiving the notifications Of nine States
the Congress reciting the whole process by which the
new Constitution had been proposed, framed, and rat-
fed, made provision for putting the Constitution
into operation The Constitution itself declares in the
7h article, hs, il shall be established beoeen the
States 30 ratifying the same" The Senators cannot
be elected hut by the Legislatures Of the States the
electors Of President aud Vice Preside n, in each State
must he appointed Sin such manner the Legislature
thereof shall direct" they be appointed If the
Legislatures will direct Thus it is plain that
majority Of States, by perssng in a refusal 10 elect
Senator'S and direct The appointment OF electors Of Pre-
sident and Vice President, put end TO this Gov
ernment.
The Observance of the compact between the S,atesto
elect Senators, and provie the manner of choosing
eirctor' Is the security for the continuance of this CO.
yernment.
or truth this constitution grew out of the old
constitutions was conceived in comp born in COM
pact craled in compact; its foundation is in compact:
M bret voice and action depended upon the observance
OF tho compact by the States who the parties to the
compact its future life and action depends upon the faith
Of the States in observing their compact to spply the
alment The States the parents. They are the
natural and appointed guardians. The Federal Gov
eminent s, fromis very texture, and Of constitutional
necessity the offspring Of the States and dependent on
them for s health its regular action, its very exist
ence When il TO be So ifit has life and action
at all, 1t will have changed s orm its nature its ali.
ment; and like paric1e and canniba II will hsya
murdered and deavoured its parents against all 40.
poaches towards such horrd catastrophe trust the
States will long nterpose the authority Of their voice.
and The energy OF their faculties, even unto the latest
last dying conclusive throb.
In such vast extent OF territory AZ that embraced bv
the United States, with such variety and difference of
climate, soil productions, pursuis, habits and interests
~ s Impossible 10 combine and manage all interests in
one general system OF legislation and preserve the
liberties and welfare OF all Hence the necessity Of
State government, with their appropriate powers, aud
Federal Government with its appropriate powers Those
delegated by the States to the Federal GOVERNMENT arc
wisely selected by the enlightened statesmen and
patriots, assisted by experience The great powers of
making war, peace. and treaties Lowing moneys and
mi xyif