Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-10-05

Adams. tw~s much darker day Tor the Republic,
than tho re'en!-snd still Virginia did not think
pnshiog OH 10 the same ex,remities, as some OF the
Politicians Of S)n,h Carslus EN- willing 20 do a, thu
present time. Can there he a doubt about II .-Can
'nese gentlemen really screen themselves under the
examp'. OF MesSs Maiison and H.tson,
MI. Madi$ons Report OF '99-lsOO, is founded OF,
MS Resolutions OF the prevo,s winter The Debate
which took place the Repoet. ia. OF been rrrsery
Edo shew, then, the in which these -soiu-
,ions wers ado,ed, mus, to th- Debate of '9S-
~ which seems utterly uuknown To- cur Brethren O,
south Carolina AID IN what sense were thee II. So
iu,ions taken by ,h-ir auto aud advocst..i
Mr.. John Mercer remarked that 'srhc State believed
some OF its rights had been invaded by the late Act.
oil the General Government, and proposed remedy
whereby to obtain repeal of them The plan contain
ed IN the resolutions appeared 10 Mr. Mercer the most
advisable: Force was not thought of by any one The
preservation OF the Federal Constitution, the cement of
the Onon with its original powers, the object of
the Resolutions. The States equally concerned
as their rights had been equally invaded and nothing
seemed more likely to produce temper in Congress
lor repeal than declaration similar to the one be-
lore the Committee, made by majority of States ar
by several OF them. The States had the power of com
,nuncang together in procuring Amendments TO the
FEDERAL Constitution. A proposition for this purpose
had been presented to the Legislature during The nre
sent session from the State of and would
De acted upon before their adjournment 1t appeared
strange that the States might communicate together 10
amend the Constitution, and not permitted 10 do On
In order to protect the when amended: that the
might communicate together when they chose to give
away their rights, but could not do il when tbcr ro
served rights were invaded And after ouo,;ng tho
pages OF the Federalist, Mr. NJ saws: "Iiere we sec
The opinion Of the Resolutions clearly Admitted 10
DE considered political ariom in our sjsfem" Tn.
gh OF two different States to communicate rim
each other" is here supported by the best defrnc-
which the Federal Constitution ever received NOT on
y this right is defended but were the Safe, IN adon,
regular plan Of opposition in which thew should com
oine all the r resources, this authority addressed to
the people, at the time the Guns itu,iun was under
consideration, would Justify the measure But no suc
wish wa, entertained by the friends OF The Resolutions
Their object In addressing the States is to obtain 81
mtfdr declaration IF opinion with respect to several
late Acts Of the General Governm which seer. o.
violate some OF the most invaluable rights secured b
the charter Of their existence; aud IN Oh
tain arepeal OF measures unconstitutional i'm their ma
ture and hateful in their tendency: Justly
obnoxious to the people, that they would have found few
advocates, but for the vain prcence of their bein
cessary to defend against the attempts of France.
measures mat have divided the community at a mo-
ment when union OF sentiment is ardently to be wished
Tor by every friend to the interest of his Country
Mr. (noo Judge) Daniel isaid, that "The objections
which hat made to the mode of remonstrance
ADOPTED by the Resolutions, had already been
so handsomely and conclusively answered by worthy
member, (Mr Juercer,) who preceded him in this lis
cussion, 'hat there was no necessity for him give
them any attenton"-"As to the objection that thew
were Improperly addressed to the other States Mr.
Ddntet said, he supposed that this mode was EXTREMELY
ehgo'e. III the other States think with this that the
Laws are UNCONSTITUTIONAL the Laws will be repealed
and the Constitutional question will be settled bv this
declaration oil majority of the States: thereby
he force oil This precedent and precludng from any fu
lure Congress, who might be disposed carry the prin
cipe to more pernicous and ruinous extent the force
OF any argument which might be derived from these
laws. IL on the contrary, sufficient majority of the
States should declare their opinion that the Consttu
ton gave Congress authority TO pass these laws The
Constitutional question would sill be settled; but an at
tempt might be made so 10 amend the Constitutions as to
.Ne rom congress 'his authority, which in opinion
was so pernicous and dangerous"
Mr. John Taylor (ot Caroline) "proceeded to applv
hese observations to the threats of war; and the appre
henson OF civil commoon, towards which the Resolu
lions were said to have tendency. Are the Republi-
cans sail he possessed of fleets and armes If not %
what could they appeal for defence and support? To
nothng except public opinion IL that should be against
them, they must yield if for them did gentlemen mean
to say, that public will should be assaed by Corce9 If
So should amnority, by the help of the powers of Co
vernment, resort TO force for its defence against pubc
opinions and against State which pursuing the on
y possible and ordinary mode of ascerainng the opin
ion oil two-thrds of the States, by declaring its own
ana asking theirs! How could the 9th Article of the
Constitution be BROUGHT into practical use even pon The
most fagrant usurpatons? War or Instruction there
ore could not happen except Congress should attempt
10 cohtrou public opinion by orce and this il could no
be supposed they would ever do only because the
will OF the people is the Sovereign in all Republics but
also, because both that will and the will of the States
were made the Constitutional referee in the case under
consideration Hence movement towards this referee
could never be admitted leading to war or commo-
on except those Countries where armed and cor
rupt minority had usurped the Government and would
OF course behold with adherence an arbitrament of
majority"
The whole spirit of the Debate indeed shows, that
"'hic tHc authors Oh tne Resolutions Indignant
their opposition to the obnoxious Acts of Congress; hey
disclamed all intention of resisting them in any other
way thah by constitutional and appeal
TO Sister States
But do the resolutions themselves Justify be cours.
OF notification proposed in South Carolina! II is true
hey declare THAT in case OF deliberate papable and
dangerous exercise Of other powers not granted by the
said compact the states who parties thereto have the
right and are in duty bound to nerpose for arre.tng
tne progress OF the evil, and for maintaining within
their respective limits the authorities rights and ber
ties appertaning to thcm."-But o,to mode? In ,cbof
ody are they TO nerpose? There but one reference
to The manner, and that is in the following Resolutions
ihat the good people OF this Common ealth having
ever fet and continuing TO feel the most sincere afec.
lion TO their brethren Of the other States the truest anx
iety Tor establishing and perpeuatng the union of all
and the most scrupulous fidelity TO that Constitution
which is the pledge of mutual friendship and the in
suument OF mutual happiness, the General Assembly
doh soemniy appeal TO the like dispositions of the other
States, in confidence, that they will concur with this
commonwealth in declaring does hereby declare
nat the Acts aforesaid unconstitutional that the
necessary and proper measures will be taken by each
Tor cooperating with this State in maintaining unim-
paired III, authorities, rights and liberties reserved to
the states respectively, or 10 the people,
NOW, what are these 'Hecessary and proper mea-
sures"l The Resolutions do not say-Is il utilization
. .Joree-or what? They do not say; and Tor want of
winter, In which Mr. Madison vindicatcs his own reso-
luIons-And what says the Report?-The following is
the only passage, which refers the "measures TO be
adopted:
"And i there be no improperly in declaring the
unconstutionality Of proceedings in the Federal Gov
eminent, where can he the improperly of cOun,uni-
sdfing the declaration to other States and limiting
thetT concurrence in like declaration? What is al.
iowabe Tor one must be allowable for ALL and free
communication among the States where the Consttu-
lion imposes no restraint, is allowable among the
State Governments among other public dies or pri
vate citizens. This consideration derives weight that