Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-11-23
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JUDGE Nm S.nIT'EPS LETTER
TO THE GOOD PEOPLE OF SOUTH CAROLYN


(CoNcLUDFD.)
But there are many Of our highly resp ctsbe and
distnsuished politicians, among III m not iew Of my
intimate, private, and political friends, who link IL
would be dangerous 10 lay. They say, hold tn.
power Of controlling the general government, and Of
restoring the constitution in our own hArds, and why
should we bear this oppression any longrr' And they
point 10 the "dorrne Of nullihcaton" wh oh they say
~ not the Carolina docr ne originally. but adopted here
from The reslutors OF Mr. Madison md Mr. J, n. rson
OF 1885, upon which ba Ell the opposition of the
Virginia and K'nuoky legislatures TO the Alien and
Sedi,ion laws. Others nd the call OF a con-
vention by the legislature of the State TO deliberate on
ard decide what course il is best to pursue TO arrest
there systems CT the tariff and internal improvement
My attention was drawn to the resolutions OF both
MT Madison and MIR Jefferson at an early periOi after
melr PRONUNCIATION, and previous to seeing Mr.. Madi
sons late letter to the i'or of the Nor AmeIc an
Review. bad never entertained any belief that the
object Of the Virginia resolutions contemplated inter-
posing, the power of the State control the operations
OF those lave, but were only intended as basis upon
which the constitutional number of the State legisla-
lures might be induced TO recommend convention TO
amend the constitution Of the United States go as to
restrain the operations Of Congress- in future under the
constructive powers. Had they been merely to mani
fest to the world that Virginia had The power when yer
in the opinion OF her citizens Cong had enacted an
,itniiona law TO call into exercs. her served
sovereignty. and declare hose laws null and void she
would certainly have brought that power TO &C, upon
them at once, else why declare the laws unconsu ion.
al and her power to annu them unless to gasconadp!
And easconsdng was not rdit in The character Of the
Virginia politicians Of tina, day all will
who knew those that acted in her councils But Mr.
Madison has put end TO this question: by hs expo.
ston In that letter wherein he says explicitly that no
such power intended TO be az. umed that state
could Dny law of Congress Mr.. Mad.on ro on
ly erts ths bu' refers TO the debates the Virginia
legislature upon those resolutions. II also mani
fest from the fact. that Virginia transmitted the
which, q speak from recollection only have no,
the before mr) returned their in the
negative; which recorded with the resolutions
Upon the return # 'hese negative answers Virginia
finding herself unsupported ceased to act. 1t would
seem, therefore, that the doctrine of notification not
derived from that source Nor have we the example
OF Virginia in support Of il
The Kentucky resolutions were drawn by Mr. JEFF
ter-on aud he developes the Object in letter to Mr.
Nicholas Cf The 1l'h December. 1921. He ssys il
was to engage the cooperation Of Kentucky an en-,
ergetie protestdfion against the cons utonali'y o.
those laws II Mr.. J h,rson had believed Virginia hAt
the constitutional power IN nUlify those laws Why en-
gage the co operation of Kentucky in energetic pro-
testaor' This would seem TO settle the object not u
have been notification, in the given 10 tha
term. what are the expressions Of Mr. JeHerson,
relied ON Tor his strong construction, az expressed il
the Kentucky resolutions themselves! They say
speaking OF the constitution:
"The several states that framed IN at instrument Fed
eral Constitution, bling sovereign aud indepe nde pt
have the unquesionsbIe right to Judge Of its infrac
ons, and notification by those sovereign'ies Of al
Unauthorized acts, done under colour of ID
is the Tighifu remedy"
Now, the palpabe and obvious sense Of this sen,ene
IL, that the several States have not this power Indee
u ia expressed. Not that any of the States or AM
other than the whole Of the States, or such tonsu
tooai msjoy as are authorized by the constitutions
provision TO recommend a conventon:-That maj,rit
being Two two.hirds. And this ppsiuIate al will az
sent to He begins The sentence with "THe seveyo
States" Both the affective and substantive are in To
plural. Not any one Of tbs Slates.-He EMPLOYS IN
plural again in pointing the nulyiog power "B
those Soueregnties. Not by any, or either Of tho
sovereigDties Alta time when Mr.. JeHerson's aross
hensions for the safety Of the Union were more excl
Ell than any other period Of his life; in letter Of n,
26th December, 1926 to The Honorable WIN. B. Gle
wherein he expresses all the socitude with which
devotion 70 the Constitution and he liberties OF his cour
Try could inspire him, that letter he il totally siler
on the subject OF null hcauon but speaks distinctly
smother mode OF redress separation, when every ttn
else Tails " there be any other declarations Of NJ
Jeferson more direct, in favor OF notification has
neither seen nor heard them mentioned: take
however, that nothing bearing upon that subiect n,
been kept out n view. From these evidences 1,
clear, that Mr. JeHerson Intended 10 snppos M
doctrine hat single Sac Of this cobfederscy had N
power, under cTcumsts noes 10 nuiify Iss Of n
Dnhed steies ", therefore, these views of the vi
gitia end Kentucky Resolutions be correct, The nuHl