Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1830-10-18
POIIpIGAI.
MR MADiS0N'S LETTER,
! To THE EpIroR or TUE NORTH AMERICAN RE

! IL me" advocat ted us n constitutional right, by
J SO me Of our distinguished fellow citizens aud
10 the proceedings OF the Virginia Leg islainre
in '9s aud 90. as appealed TO In behalf OF that
doctrine aud you express wish for my ideas
| on those subjects.
! am aware OF the ,.elicacy of thu task in some
respects. aud the difficulty IN every respect oi
doing iull Justice TO II. But, hHsTe, in more
than one instance complied with n like request
rom other friendly quarters. do oot decline
n sketch of the views which have been led 10
take Of the doctrine in question, AS well
! as some Others connected with them aud of
! the grounds from which II appears that the
| proceedings u Virginia have been mlseon.
! ceiyed Icy those who have appealed To them. In
order 10 understand the true character OF the
! Constitution OF the United states, the error not
| uncommon must be avoided, Of viewing IL
! through the medium either of a consolidated Gov.
efnmeut. or OF a confederate Government, whilst
il is neither the one nor The other, but u mixture
of both. Aud having, IN no model, sIniluudes
and analogue. applicable to other systems of
! Government Il must. more than any other, be
its own interpreter according TO lis text aud
| The facts Of The case.
From these " wIll be seen that tho character
istc peculiarities OF the constitution are, the
mode OF its formation ?, the division Oi the
supreme powers of Government bew, en- the
States IN their united capacity, aud the Sta es in
their Individual capacities.
twas formed not by the Government of
the component States, as tho Federal Govern
menl Tor which it was substitute ed was formed.
MOI was il formed by a majority OF the people
OF the United States, single community,
in the manner OF consolidated Govern
ment.
II was formed by The States. TINT is, by the
people in each of tho States. acting IN then
highest sovereign capacity and formed Goa
sequenily by the same authority winch formed
tho Stale Constitutions.
| Being thus derived ron the same source rs
the constitutions Of the States, II has, within
each State. the snme authority as .the oonstitI-
ton OF the State aud is RS much constitution,
in the strict oi the term, within its ptesor-
bed sphere. as the constitutions oftbe States
are, within their respective spheres but with
this obyioas and essential difference, that beng
a compact among the States 10 Their highest
sovereig capacity. and constituting the peo-
pie thereof Que proplc foI certain purposes. Ii
cannot be altered annullei At the VIII OF
Ihe States ndIviiudly, as the constitution otd
STATE may be ut It's individual viii
2. And thatu divides the Supreme powers
Of Government b,tHreb tue Government OF
tae United States, aud the Governments OF the
individual Stntes, - stH upeI On the face OF the
OF commerce anh OF treaties, aud other emu
rnera,ed powers vested III The Government of
the United States, being Of rs high AMI sover-
eign character, as any oil the pow ersre ed
TO the Sra,e Government.
Nor is the Government OF the United States,
created by the Constitution. less a Government
in the strict sense Of the term, " TINA The sphere
ofrs powers, than tine Governments created hy
tn constitutions ol the States are, within their
several spheres II IL like them organized INTO.
legislative, Executive, and Judiciary Depart
menrs. II operates, like them, directly on per-
sons and ihngs. And, like them, It has at
command a physical force lor execuiog The
powers committed 20 il. The concurrent oper-
atom IN certain cases, is one Of the features
marking the peculiarly OF theSystem.
Between these different constititional Gov.
vernments, the one operating IN all the States,
the others operating separately IN each. with
| the aggregate powers OF Goyernment divided
! between them, il could not escape attention,
that Controversies would arise concerning tue
| boundaries OF jurisdiction and that -oule pro-
| vision ought 10 be made Tor such occurrences.
political system that does not provide for II
| peaceable and authoritative termination Of oc-
! curring controversies, would not be more than
| the shadow of Government the object and
end of n real Government beng, the substllu-
sion and violence.
That 10 have left final decision, in sulh
cnses. TO each Of the States, tnen thirteen, and
| already twenty four, could NOT fail to make the
constitution aud laws OF the United states dil-
ierent IN different States, was obvious; aud
not less obvious that hi, diversity OF mdepen.
dent decisions must altogether distract the Go
vernment OF the Union, and speedily put an
end 10 the Union itself A uniform authority
OF the laws, is IN tsrli a vital principle. oDm'
Of the most importantlaws could nos be pariaI- !
" executed. They must be- executed IA all the |
States, u they could be duly executed ia none.
An nnposr, or an excise, Tor example il not IN
force in some ) 'ntrs, would be defeated ~ u
theirs. It's well known thai this was among |
the lessons oil experience, which had priHary |
influence in bringing about the existing Cone
sutnrion. loss OF its general authority |
would moreover revive the exasperanng ques-
lions between the States holding ports tor 10 !
reign commerce, aud the adj Dinng ates with /
out them To which are nov added all the IN. /
land States, necessarily carrying on their 10.
reign commerce through the other STATES.
To have made the decinnus under The au.
,hority OF the Individual STATES, co ordinate, IN
all cases. with decisions under the anlbor-
~ ot the United STATES, would upayodably pro.
duce collisions incompatible with the peace OF |
society, aud with thar regular aud eticisnt ad.
~ nlstratlon, which il OF ,he essence of free
government Scenes could not be avoided, in
which "A ministerial officer OF the u. States aud
the correspondent officer OF an individual State,
would have repcounteTs m executing c0nhir-
ting DEGREES, the resUl; OF whtcH would depend
on The comparative ioroe Inc local posses
attending them and that, casualty depend
ing on alhe political opinions and party feel.
Ings in different States.
10 have referred every clsshing decision.
under the Two authorizes, Tor "a hnal decision, TO
the States, as parties 10 the Constitution, would
be attended with delays. with inconyeniences,
aud with expenses, amounting 10 prohibition
OF the expedent not " mention It's tendency
to impair the saIutary yeneraton for system
requiring such frequent interpretations, nor tho