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

! iSI"thl' vi NHpild III 30 anu %, u
ganst the Alien and Sedition Acts, aro
much dwclt upon.
Il 1T may often happen, as experience
proves, that erroneous constructions not
anticipated, may not be sufficiently
guarded against in the language used;
and IT Is due to the distinguished individ-
uals, who have misconceived the inten-
tion of those proceedings, TO suppose that
the meaning of the Legislature, though
well comprehcndcd at the time, may not
now be obvious 10 those unac cquainted
with the contemporary indications and
imprc
but it is believed that by keeping in
view the distinction between the Govern
mcnts Of the States, and the States in
the sense in which they were parties to
the Constitution; between the rights of
the parties, in their concurrent and in
their individual capacities; between the
several modes and objects of intcrposition
against the abuses of power, and espe-
clnlly between interposltlons within the
puryicw of the constitution, and interpo-
sItlons appealing from the constitution to
the rights Of nature paramount to all
constitutions; with an attention, always
of explanatory use, To- the views and ar
gumenis which were conbatted, the Re-
solutions Of Virginia, as vlndicated in tho
Report on them, will be found entitled to
an exposition, showing Il consistency in
their parts, and an Inconsistency of the
whole with the doctrine under consider
alton.
I Chat the Legislature could not have
intended to sanction such doctrine is
to be inferred from the debates in tho
House Of Delegates, and from the ad-
dress of the two Houses to them
constituents on the subject Of the
Resolutions The tenor of the de-
bates, which were ably conducted
and are understood to have been revised
for the press by most, if not all, of the
speakers, discloses no reference whatev-
or 10 "A constitutional right in an individ-
ual State, to arrest by force the operation
of II law of the United States. Concert
among the States for redress against the
Alien and Sediton Laws, us acts of usur-
ped power, was leading sentiment and
the attainment Of a concert, the immedi-
ate object of the course adopted by tho
Legislature, which was that of inviting
the other States "to c0ncur, in declaring
the acts 10 be unconstitutional, and to CO.
opcr0fe by the nec essary and proper meas
urcs in maintaining unimpaired the au-
thortics, rights and Liberties reserved
to the States respectively and to the
people.T That by the necessary and
proper measures TO be cOncurreniIy and
comparatively taken, were meant meas
urcs known to the constitution, particular
" the ordinary control of the people and
Legislatures Of the States, over the Cow
crnncnt Of the Uuited States, cannot be
doubted; and the intcrpositon of this con-
troll as the event showed, was equal to
the ocC as'On.
\ 1T is worthy Of remark, and cyplana-
tory Of the in, cntions of the Legislature,
that the words "not law, but utterly null,
void and ofno force or effect" which had
followed in one ofthe Resolutions, the word
unconstitutional" were struck out by
common consent. Though the words
were in fact but synonymous with cum
constitutional, vet to guard against a
misunderstanding Of this phrase as more
than dcclnratory Of opinion, the word
unconstitutional" :" alone was retained,
as not liable to that danger.
\ 'Thc published Address Of tho Lcgis-
lnturc to the people, their constituents,
affords another conclusive evidence Of its
views. The Address warns them against
the encroaching spirit Of the General
nt ha pnl Ii
~ of the Alien and Sedtion Acts, points
to other instances in which the constitu-
tional limits had been ovcrlcaped; dwells
upon the dangerous mode Of deriving
power by implication; and in general
presses the necessity of watching over
the consolidating tendency of the Fcde-
raj policy. But nothing is said that can
be understood 10 look 10 means OF main
tanning the rights of the States, beyond
the regular ones, within the forms of the
constitution.
\ If any further lights on the subject
could be needed, a very strong one is re-
ncctcd in the answers to the Resolutions,
BY the States which protested against
them The main objection of these, be-
yond few general complaints Of the in
nammatory tendency of the Resolutions,
was directed against the assumed author
ity Of n State Legislature to declare q
law of the United States unc unconstitutional,
which they pronounced an unwnrrantablo
interference with the exclusive jnrisdic-
ton of the supreme Court Of the United
States Had the Resolutions been re-
gardcd as avowing and maintaining q
ripht. IN nm individual State. 10 arrest. bv