Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-10-13
MIR MADISONS LETTER
TO lie Eiitor ef Ire North American Eesis,o.
MoNrPEIIEH Auuust 10 30.

which you refer To the Qualifying doctrine" adv0ca-
ted AZ Constitutional right, by oi dls,in
gushed fellow citizcns; and to the proceedings OF The
Virginia Legislature in 90 90 appealed 's IN be-
halt OF that dcctr "" aud you express wish Tor my
ideas on these subjects.
L am aware OF the delicacy of the ask in some
poets and the difficulty every respect, OF doing full
Justice To it. Bat, hiving in than ms
complied with like request from other friendly quar-
tars de- no decline n sketch OF tho views which |
have been led to take Of the doctrine IN question:
IL sUTr others connected with thcnf and oil the
= ,unds from winch It appears, that tie proceedings
OF Virginia have been IN sconccived by those
have appealed 10 them. In order TO understand the
true character of Ne Constitution OF the United
Sta,es. tho error, not uncommon, most he avoided,
OF viewing 1t through the med um, either OF coRso
luated Government, OF coufederaicd Govern
meat, whist it neither tie the other; nut
mixture oi both And having, III no model The ST.
mtudes aud ana appcable 20 other systems OF
Government 1t must more than any other, be It's own
interpreter according TO s text aSd the facts OF ihs
case.
From these it will be that the character s ic
pecuiarities OF tho Constitution are, l. the mode OF
formation; y the DIVISION OF the supreme powers
of Government between the States their tied
Capacity, and the States III their ndiVdual capacI-
ties.
l. 1t was formed, not by the Governments OF the
component Suites, 5 the Federal Government for
which 1T substituted formed. Nor II
Termed By majority Of he people Of the United
States as single community in The manner OF
consolidated Government.
Ii was formed by the States, that is by the people
in each Of the States, acting III their highcs soFc-
reign capacity; ana formed consequently BY the
same authority whi,s iDrncd the State cUnstu-
lions.
Being thus derived f:om the same as he
constitutions OF the States i: has within each State,
the same authority the constitution o. the = ate;
and is much a constitution, IN the strict of
the term, within rs prescribed sphere the consul
tutions OF the States are, within thcir respective
spheres; but with this oAylous and essential difference
that beng compact among the States in their high
est sovereign capacity, aud constituting the people
Z cannot
altered 0r annuled ut the vail oi the States ndvi
oAaiiy as the constitution Of State may be at It's IN
olyIInal VII.
,. And that il divides the supreme powers Of Gov
crnment, between the Government of The United
States, and the Governments OF the individual Sa;os
is stamped on the face of the instruments the powc.s
or waF and vi taxa ION, OF commerce ana OF treaties
and other enumerated powers vested III the Govern
ment Of the United States, being of MS high and
reign charlctrs. rs any Of the powers reserved TO
tile State Governments.
Nor is the Govern Of the United States, crea-
ted by the constitution, less 4 Government IN the
strict OF Tie term, within the sphere of It's
powers, than III Governments created By the const
tut!Ons OF the States within their scveraspheres
L - - hen organized INTO Legislative, Executive,
and Judiciary Departments. Il operates Ike them,
directly on persons and things. And, like them, 1t
las at command physical force for executing the
powers committed I'D 1t. The concurrent operation
certain cl,cs Is one Of the features MARKING The
peculiarly Of the syacm.
Between these fi'renJ cOusr Z, iOnal governments
the one operating all the States the others opera
G "
government divided between them. 1t could not es
capo attention, that controversies would arse con-
corning The boundaries OF Jurisdictions; and that some
provision ought to be made for such occurrences. 4
political system thai does not provide for pClc co BILE
and authoritative termination OF occurring c1ntrOver-
sizes, would not be than tho shadow Of gov-
ernment, the object and end of real government
being the substitution of law and order for uncertain
", confusion and violence.
That to have left final decision, IN such cases to
each Of the states, hen thirteen and already twenty
cn,l. fs.,l l..
OF the United S different in different states, was
obvious; and not less obvious, that this diversity of
independent decisions, must altogether distract the
government OF The Union, and speedily put end to
the Union itself uniform authority ofths laws, is
IN itself vital principle. Some OF the most in1pUr-
aAt laws could not be partially executed They mas,
be cxccuto@ IN al the states, they could b. duly
executed IN non'. An impIs:, excise for eX
ample, If rot ~ force in es, would be defeat
ed iL others. II is well known that this was among
the lessons Of experience, which had primary inn-
ia bringing about the existing constitution. 4
loss OF its general authority would moreover revive
the eDaspsrang questions between the states holding
ports for foreign comm'rce and the adjoining states
without themi to which are now added all the inland
necessarily carrying on their foreign commerce
through other states.
To have made the cisons under the authority of
the individual states coordinate, in all cases with
decisions under the authority Of the United S. stcs
would unavodaby produce collisions incompatible
with the poacc OF sIcicty aud With that regular and
efficient admin tratIon which OF the essence f tree
governments. Scenes could not be avoided, H. winch
ministerial officer 0fthe United States and be cor
respondent OH CT OF individual state, would iay.
Tencontres IN executing conflicting decrees the re-
sub OF which would depend TIN comparative force
Of The local posse attending them ondtbat, casu
ally depcndlng on the political opinions and f5ry
feelings IN different states.
10 have referred every cashing decision. m Ter
the Two authorities, for final decision - To" states
rs parties 10 he constitution would be attended VII
Delays, with nconveniences aud vi expenses
tmoDHiing o prohib ion " tho ev9ad.crt; not 10
mention - tendency 10 imprir the siiG.ry youcra
10" 'oF system reqniunz ,uch frequent iu.crpo.
item. nor tia Gsiiclt~ Glcsfl-1g y.i h, ,igLi 80.
the"s.'va' o. To- ihr form Of sating Tic grpsaI anJ
rs go the ga .rUD i.r deciding %.
20 have unsed TO negotiation fo' adfr,fnr Z
prC5 Jct"ccr the government of jhs United STATE.
and he slate governments, ns bp Xesn indcDeol,r,
aud separate sovcrcgntIos, would have LOST 4ht a.
together Ct con tuition and government Tor fh.
Union; and opened direct road from tfil.,r.
OF that resort, TO the ultima ratio between RAJ, MS