Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1830-10-20
MIR. MADISON,S LETTER.

the NOrtn American REVIEW.
'MoNTrELIER, August, 1890.
! 'Dcar Sir have duly received your
letter, in which you refer to the "nullllying
doctrine" advocated, as constitutional
right, by some of our distinguished fellow
citizens; and to the proceedings of the
Virginia Legislature in '98 and '99, as
appealed to in behalf of that doctrine; !;
and you express wish for my ideas on
those sub jects
Il am aware ofthc dclicacy of the task
in some respects, and the difficulty in
every respect, of doing full justice to it.
But, having, in more than one instance,
complied with like request from other
friendly quarters, do not decline Il
sketch Of the views which have been
led to take Of the doctrine in question, as
well as some others connected with them;
and Of the grounds from which il appears,
that the proceedings of Virginia have
been misconccivcd by those who have
appealed to them. In order TO undc'-
stand the true character Of the Constitu
tion of the United States, the error, not
Uncommon, must be avoided, of viewing
it Through the medium, either Of "A con
solidatcd Government, or Of a conicdc-
rated Government, whilst it is neither
one nor the other; but miyturc ofbOth.
And having, in no model, the similitudcs
and analogieS applicable to other systems
of Government, il must, more than any
other, be its own interpreter according 10
its text and he facts oIMe case.
From these it will be seen, that the
characteristic pcculiaritics ofthc COnsti-
tuition are, / the mode of It's formation;
9, the division Of the supreme powers of
Government between the States in their
united capacity, and the States in their
individual capacities.
&. II was formed, not by the Govern
mcnts Of the component States, as the
Federal Government for which IT was
substituted was formed Nor was it form
ed by a alority of the people of the
United States, as single community,
in the manner of consolidated Govern
ment.
Tt was formed by the States, that is by
the people in each of the States, acting in
their highest sovereign capacity; and
formed consequently by the same author
iiy which formed the State Constitutions.
Being thus derived from the same
source as the Constitution of the States,
il has, within each State, the same au-
thority as the Constitution of the State;
and is as much Constitution, in the
strict sense of the term, within lis pre-
scribcd sphere, as the Constitutions of
the States are, within their respective
spheres: but with this obvious and cs-
scntial difference, that being a compact
among the States in their highest sovc-
reign capacity, and constituting the pco-
pie thereof one people for certain pur-
poses, il cannot be altered or annulcd at
the will of the State Individually, as the
Constitution of IL State may be at its in
dividual will
%. And that it divides the supreme
powers of Government, between the Gov
crnmcnt of the United States, and the
Governments Of the individual States, is
stamped on the face of the instrument;
the powers of war and of taxation, of
commerce and oltrcatlcs, and other emu
mcratcd powers vested in the Govern
mcnt of the l.. States, being of as high
and sovereign character, as any of the
powers reserved to the State Govern
mcnts
'Nor is the Government of the United
States, created by the Constitution, less
4 fIn nt
term, within the sphere of It's powers,
than the Governments created by the
Constitutions of the States are, within
their several spheres. II is like them
organized into Legislative, Executive,
and Judiciary departments. IL operates,
like them, directly on persons and things.
And, like them, II has at command Il
physical force for executing the powers
committed to it. The concurrent opera
ton in certain cases, is one of the ica-
lures marking the peculiarly oithcsystcm.
Between these different Constitution
al lGovcrnmcnts,t the one operating III all the
States, the others operating separately IN
each, with the aggregate powers oi Gov
crnmrnt divided bctwcCnthem,l IT could not
escape attention, that controversies would
arise concerning the boundaries of luris-
diction; and that some provision ought to
be- made for such occurrences. A polltl-
cal system that does not provide for n.
pcaccablc and authoritative termination
of occurring controversies, would not be
more than the shadow of II Government;
the object and end Ola real Government
being, the subttuiion of law and order,
for uncertainty, confusion end violence.
'That To have lcl) u final decision, in
such cases, To each of the States, then
ihlrtccn, and nlrendY iwcniY four, could