The Arkansas advocate., 1830-04-21

ctshtSs lesPSCLlFclgs or tO the people.
 The legislatures ofseyeral of the New England States having, contrary to the expectation of the legislature of Virgin ia, expressed their dissent from these doctriuess the subject came up again for consideration during the session of i799, t6OU, whenit was referred to al select committe, by whom wasmade that celebrated report which is laniliarly known as !" Madison's Report 2 and which deserves to last as long as the constitution itself. Iii that report, which was subsequently, adopted by the Legis- lature, the whole subject was deliber- ately re-exyamiaed, and the objections urged against the Virginia doctrines carefully considered.-The result was that the Legislature of Virginia re-af tirmed all the principles laid down iii the resolutions of i779s, and issued to the world that admirable report which has stamped the character of Mr. Madison as the preserver of that constitution which he had contributed so largely to create and establish. l will here quote from Mir. Madison's report, one or two passages which bear more immediately on the point in controversy. The reso- lution having taken this view of the fed erai compact proceeds to infer $ that in case ot a deliberate, palpable, and dan gerous exercise of other powers, not granted by the said compact, the States who are parties thereto have the right. and are in duty bound to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liber- ties appertaining to them.
 " 1t appears to your committee to be q plain principle, founded on common sense, illustrated by common practice, and essential to the nature of compacts --that where resort can be had to no tribunal, superior to the authority of the parties, he porties lhenase1pes qaust De the righJut judges in the last resort, wheth- CT the bargain made has been pursued or violated. The Constitution of the U. States was formed by the sanction of the iStates, given hYy eaeI. iIl itssovereigii capacity. Etadds to the stability and dignity, as well as to the authogity of the Constitution, that 1t rests on this le- gitimate and solid foundation. The States, then, being the parties to the Constitutional compact, and in their sovereign capacity. ii follows of necessi- ty, that there can be no tribenal abo0e their authority, to decide in the last re- sort, whether the compact made by thembe violated, and consequently, that as the parties to it, they must themselves decide, in the last resort, such questions as may be of sufficient magnitude to re- quire their interposition."
 # < l'he resolution has guarded against any misapprehension of it's object, by expressly requiring for such an interpo- sition $ the case of a deliberate, palpable and dangerous breach of the Constitu- ton, by the exercise of pozgers not grafst- ed by it." 1t must be case, not of a light and transient nature, but of a na- tare dangerous to the great purposes for which the Constitution was established 7
 " But the resolution has done more than guard against nisconstruction, by expressly referring to cases of a deliber- ate, palpable, and dangerous nature.- 1t specifics the object of the interposi- ton, which it contemplates to be solely that of arresting the progress of the C. vii of usurpation, and of maintaining the authorities, rights, and liberties, apper- taining to the States, as parties to the l Constitution"
 " From this view of the resolution, it would seem inconceiyable that It can in- cur any just disapprobation from those who, laying aside all momentary impress sions, andrecoiiecting the genuine source and object of the federal constitution, shall candidly and accurately interpret the meaning of the general assembly. If the deliberate exercise of dangerous powers, palpably withheld by the con stitution, could not justify the parties to 1t, in interposing even so far as to arrest the progress of the evil, and thereby to preserve the constitution itself, as well as to provide for the safety of the parties l to it, there would be an end to all relief from usurped power, and direct sub version of the rights specified or recog- nized under all the state constitutions, as wella asa plain enialof the fundament- d principles c; vii; itself was deelared.n
 But, sir, our authorities do not stop