Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-05-21


preiudices. II their doctrine be true, it undoubed
~ is that for corruption in the exercise OF this well
as any other function, the Grs magistrate ~ liable to
Impeachment; and if they believe, they repeatedly
aege that there il evidence OF it in the lae removals.
pu it TO them whether they correct in showing
feeling inconsistent with the calm investigation that be-
comes Judge. H. the contrary, as am more in
clned to believe the warmth that has been expressed
arises only from feeling Tor political friends who have
lost their places, ia. expressions tey have
ed highly exaggerated? and ought they 20 have been
suppressed? But il there has been in their opinion an
n}screet use Of The power, let them real the cause
before the peo e, who have the power apply The
ely To N tie President is reepon, ibe, aud to them
have little doubt, his conduct will appear, other
occasions has done correct, upright, and
atended for their best advantage Yet Sir il the con-
rary be proved, shan, Senator AMI individual
hold myself open to The conviction that evidence may
produce.
had almost forgotten, Mr.. President complaint
that this body was deprived, by Executive appointments
o. one'eEEth think that was the alleged proportionr
Iol ne members There Is only one view OF the sub
ect by which This be consider matter for re-
prehen'ion. But that il deroga,ory the dig
nifty OF this hody, that can scarcely iuk it go in
tend q Senator of tie United States, dividing with
single colleague, the represeu alton OF sovereign
Sa,e the constitutional adviser of The President in an
poiniments and the formation OF treaties; Judge OF
the High Court OF Impeachmeuts TO which the Presi-
dent is himself anenablc, holds station superior in i'm
poriaucc and honor, TO any the Executive can give
Whoever therefore quits II Tor one OF the Departments,
must be considered "a having made a sacrifice, rather
than accepted reward. The Presid-ut's re commen-
da,on OF change IN the Constitution, which should
disqualiiy members of the Legislature from office has
been alluded 10 inconsistent with his rrlctice To
his it appears to me- his message gives satisfactory
answer and may be added that h. refusal by any of
the Sties 70 adopt the amendment he suggested afford
ed conclusive proof that neither the States nor the
People, desired that The requisite talent and fitness for
office, should he excluded, because found in the
Legislature. In these appointments, then The will of
ne People has been pursued provided The choice has
fallen on persons properly qualified; but this we can
not question: for we have concurrcd in all he appoint
ments.
now approach craver subject one. on the true
uud G.
happiness OF our country, depends. The que on pre-
tened Ia that OF the true sense OF that Constitution
which is made our first duty 10 preserve in it, purity
IT, true construction "a put In d'ubt-no on a question
81 power between it, several departments but on the
very basis upon which the who'll rests and which il
e'oucously decided, must toppe down The fabric raised
"lth 50 much pains, framed with much wisdom, es-
thlShed with 50 much rersevering labor aud more
than forty years the shelter and prot con OF our liber
ties, the proud monument of The patriotism and talent of
those who devised it, and which, loudly hoped
would, remain 20 aiter model fJr the miil ion
OF every nation HAT wished to be free. Is that, Sir to
oe Ns destiny; me answer TO that question may be
liuuucnced by Til. debate. How strong the motive
nm to conduc; il calmly; when the mind is not hea-
zen OY opposition depressed by defeat cla'e, with fan
cied victory to discuss it with sincere desire not TO
obtain paitry triumph in argument 10 ain applause
by tart reply carry away the victory by addressing
the PASSIONS gain proey'es by specous cjes but
with mind open to conviction, seriously search after
truth earnestly, when found, to impress others.
what we say on this subject viii remain, it is not an
every day question: it will remain i)r good for evil.
As our views are correct erroneous; hey tend to
promote ia, lasting welfare, accelerate tie dissolution
o our CnIon so VII our opinions be cited those which
placed the Constitution on firm basis, when il was
shaken, or deprecated, il they should have formed doc
trims which led to its destruction.
win ibis temper aud these impre sions of the i'm nor
lance Of the subject, have given it the most profound
the most anxious * painful attention: and differing as
nave The mi fortune 10 do greater from
az NE Senator'S who have preceded me feel o5liga-
ton to give my views Of the subject Could have co.
NEEDED in the opinions given by my irisnds, should
most certainly have been silent; from conviction that
neither my authority, nor my expo ons could ada
any weight to The arguments they have delivered.
l My learned and honorable friend, the Senator near
me, from South Carolina (Mr Haync) comes in the
eloquent arguments he has made, TO lie conclusion
mat whenever, 10 the language Of the Virginia resou-
tons (Which he adopts there il, in the opinion of any
one state, palpale, deliberate, and dangerous VIC.
ation OF the Constitution by a law Of Congress" such
SAFE may without ceasng to be member Of the u
mon, declare the law TO be unconstitutional. and pre-
vent It's execution within the State, that this is con.
su'uional right and that its exercise win produce
constitutional remedy, by obHgng Congress either In
repeal the law, or TO obtain eVplci, grant of the
power which is denied by the State hy submit,ipp an
amendment TO the several States; and that by tle deci
sion OF III" requisite number, the State az well As the
Union, would be bound. 1t would be doing iuiusce
both 10 my friend and to his argument if did not ada
mat ms resort to the purifying power, it has been
termed, ought 10 be had only in the last resort yhere
the grievance Rtoerdble, and all other means NJ
STRANGE and appeal the other States had failed
In his opinion, understand The honorable and Lar
! ed chairman Of the judiciary Committee mir RowanN
7u5anal'y to agree, particularly ia the conttu onal
gm OF preventing the execution Of the obnoxious law
i"t '1' OF lIOn tennessee, (hr. tiTuudy.l i'm his
speech, which wa listene with so much attention
anu pleasure, very Justly denies the right of declaring
tae nplHy OF a law, and preventing it's execution to
The ordinary legislature but erroneously in NV opin
ion. gives il 10 Convention.
| NY friend from New Hampshire, CIr Woodbury.
OF whose luminous argument cannot speak TOO hi,bJ,
aul 10 the greatest part OF which agree hoes not co.
incide IN The assertion Of constitutional ri, hi NJ rre
venting lhe execution of law believed 10 be I'M CON
uIohaI, but refers opposition 10 the und IN lble ribt
| Of resistance 10 oppression ''S"'
| All these Senator's conailer the Constifutioo as .
compact between the Satrs in their soyereico r,,c
W and ons of them, (AIr Rowan has contendeJ tI,,,
Sovereignty cannot be divided, from which il NAV he
inferred that no part OF The sovereign pow has been
Transferred to the General Government
INC Senator from Massachusetts i'm his very ol,c,r
ana justly admired address this subject considers liz
fcHal Constitution entirely popular and no, created
ny compact, and from this position, very naturally,
SHOWS mat there can be constitutional right of %
u'l resistance 70 law of that Government bot that In
o'cabo and Illegal acts may justify it ON first prin
However these opinions may differ there is ON, co,
soIHoly reflection, ihat none Of them Justify yi,icnr
oPpo'luon gwen 10 an unconstitutional law until am e,
irene case Of suffering has occurred Still less do ans,
Oh ,'cn suppose The actual Existence of such a case
But the danger of establishing ON Inc ono L,nl !, CON
shuliona veto In each of the States upon ,pv ,ct of H.
whole TO be exercised whenever, i'm hc opniop Of G
Legislature Of such state, the act thcv COMPLAIN Of ~
contrary 10 The Constitution; and. on the other bc dan
gers which result 20 The State Governments y consicr
ing mat Of the Union as entirely popular and d.uvin,
'he existence Of any compac seem both of hcin TO he
80 great a- TO justify, and indeed demand am cyrrcs
sion Oi my dissent from both