Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-04-02

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been raised, this measure will put down. In every
3 10 thu re is division among cians he normiity
are only waiting for opportunity put the majority
in the wrong. The people, being called on to act i'm
this solemn manner, will put the whole Intelligent OF
the community int, action. The aged the wise, the ex
perienced wei tried friends OF the country will be calf
ed into the public service. Such men viii not lightly
pronounce an act OF Congress t,ional and void
but should they upon full consideration so declare how
VIII the Question thru stand? IL the State 10
4 the power 10 act as have shown the conse
quence is that the of Congress must cease to one
rate ia the State; and Congress must acquiesce by a.
bandoning the power, obtain express grant from
the great source from which all its powers are drawn
The General Government would have right to use
force. 1t would be giaring absurdy to suppose that
the State had the right TO Judge Of the ionaty
OF an act OF the General Government and at tho same
time TO say that Congress had the right to enforce
submission TO the act. This would involve papable
contradiction This may be illustrated by reference
the powers OF the Supreme Court ia cases
All admit that this high tribunal has the right i'm case
properly before and within lis jurisdicon to declare
an act oil Congress UNCONSTITUTIONAL the effect OF which
IL to render the act imperative, only in one State
but in ALL In this case, Congress 10 obliged TO .coui-
esce and abandon the power obtain an xpre.s
from The source alter the already stated
NO force can De applied TO give effect the act thus
declared void by the Supreme Court or 10 compel il 10
change its decision. But gentlemen, instead oil meet.
ns our arguments airly, excltm that such power on
the part oil the State is inconsistent with the of
the General Government, and is placing TIVE
states at the mercy OF and the Union by such an
act would be dissolved. cannot but think that all
Id
mirabe system oil government. They originate in
supposifion that Congress possesses an independent and
uncomfortable power, which is unknown to our system
III the gentlemen will but advert 10 the fifth article of
the Constitution, they will find reaeeming power-a
power above all others, which mould the Constitu.
uon and define anew, the relations between the ate
ana General Governments mean the constitutional
number OF States. This il moi a mere dormant mower
he mode in which is TO be called into action is
pressiy laid down; and, when properly invoked will at
all times prove adequate to this glorious system of
ours from disorder and anarchy. Whenever a conflict
such as have described, arises between one of The
States aciiag IN its sovereign capacity the Gen. Gov
eminent, it is 10 this high arbiter "a Convention of IN.
stae the parties must resort, and to the Supreme
Court, the allure OF of the parties But who /.
to make the appeaI Surely the party claiming to ex
ercse the power and which alone possesses the me an.
oil making it, Torequire the oppressed State TO do h.
would be absurd. The Constitution provides two mode,
OF amendment one. when two thirds of both houses
oil Congress shall propose amendments the second
when wohds OF the Legislatures of the States shaIl
make application 10 Congress TO call Convention for
proposing amendments. In either case, three -fourtbs
oil the States are required 10 ratfy and the agency Of
Congress is necessary in both. On Congress then il
the burden of making the appeal Oh the ground Thai /,
claims the exercise OF the power and because alone
Is possessed OF the means. Ii be considered nm
reasonable, that State which has declared in The
mos: soemn manner, its reserved rights 10 have been
violated, should possess the power OF compelling the
General Government TO make appeal TO the source
from which al its derived IL was called
into extence by threeourths OF the States and can
exercise no power without usurpaton, which has not
hA
more consistent with the spirit of our system, han
where there il conflict between Sovereign Safe
"a party to The compacD and the General Government
as TO the powers which have b-en yielded 10 the latter
that 1T should be compelled 10 decide the question nv
an appealto the source of all lis powers do NOT bes
Hale 10 say, that the power the part Of the States TO
compel such an appeal is indispensable TO the existence
OF their sovereignty and 10 the preservation o. their re.
served rights without IL, the General Government
IN ITS practical operation, would be an unlimited con-
sollated government Notwithstanding the limitations
he iftfinn
construction Of The Constitution toould be he Consti
fuflon. Those who know the force and influence of
construction, how il the plan.st import of
words, when under the influence of seIf-ineres well
understand the fearful changes is capable of produc
ing IL there be no check, intereste majority MS
ing the powers of the General Government which we're
gwen Tor The projection and bsn fit of ALL as the ntr
meht OF aggrandZng themselves the expense of the
minority, may, by construction, gradually undermine
and render obsolete the sacred provisions this insru
ment. We already see fearful symptoms of encroach
ment, which no patriot look without dismay and
whch, p.r:ev cred in, only be by an ex-
ercise oil the power Tor which | contend The Sill
prems Court is wholly inadequate. IL three ourbs o
the States shall not admitting the contested
power, or shall not pronounce that il already exists
Congress will BE- constrained 10 abandon the exerci.e of
IT, 'n"smuch as no new power be granted without
such concurrence. The decson Of less number
ought not 10 be obligatory, where State has .ocnny
pronounced that such grant of authority was never
made Bu, suppose three .f,uths of The States de eide
the question against the complaining ate then acoui-
escehce becomes duty, and il must submit; state
PROVIDED by the Constitution,
The consequences of which will not dwell The doc
fne for which contend is not of recent origin arr
merely an humble disciple of old school, calling il
10 pubic view Mr.. Jefferson long since advanced In.
opinion now advocate, and in his letter TO Judge John.
son oil June 1923 he remarks, in reference the FOL
lowing oSpres-ion used by anoh distinguished cili-
zen, that There must he ultimate arbiter some
where True" said Mr.. Jefferson, 'there must but
does that prove is in either party? The ultimate ar
bitter the people of the Union, assembled by III cir de-
pu'is in Convention the call OF Consress or of two
thirds OF the States. Let them decide tn which thew
mean 10 give an authority. claimed by OF their
gans And has been the peculiar wisdom and felicity
oil our Consuon, to have provided this peare able
appeal where that Of other nations is once to fcrce
MIR. President The subject Of slavery has been intro
iuceh into this debate This IL charged upon the slave
holding States by some, as misfortune; by others as
crime II may be The former; but cannot be the latter
Were the question submitted 10 me, whittier slavery
should be introduced, should unhe atinyly deciIe
against IL; for such IL my devotion to liberty an! the
rights oi man. that would have no agency in subj
ing the per'on or will OF one 10 the dominion of
another. Stil, am not prepared to condemn IL as
crime or charge those tho them under existing
circnm'tances, with doing wrong, All history speaks
oil its exi'!erce from the earliest ages Homer the
aher otpoet'. makes Hector tell An ronache his wife
II Troy shall fall she will draw water at the well of
some victor chief The Phccncians Egyptians Cartha.
genan', Greeks and Romans, all hid slaves; with them
the master possessed the JUS pifcc ct meets: state Of
slavery not tolerated in any Of the United States; for
IN all the States laws are in force rsquirng the
TO treat their slaves with humanity snd kindness We
all Know there is nothing in the Old Testament con
demnlng II, MIR In tis N.w. / admit that the commits
sion Of the Prince Of Peace was TO The he art, of
and wa'ino part OF his office TO change n,s or
political institutions. Yet one thing ought TO be adj.
hat vic ,,I