Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-06-18
ataihsbIe by an Intervention Of the Stste. which may
better adapt the Constitution to the purposes Of lie

ton. xxi
SAoud all these provisions fall and degree Of OPP
preston rend, ring resistance and revolutio4
lesser evil than longer passive obedience there can
remain but the ultima ratio applicable TO ertreme
tchether bepeen nations or the component par
IF the nation 4"
To whom this Letter and Outline addressed by
Mr. Madison, does not appear from the "Courer"-bu
the writer OF "Plain Truth" justly hints that "Yhacvcr
were MIR. Madson's opinions in '9S,' they SO
new, in 1880. IN one great point, indeed il diff
6icut to reconcile the opinions, expressed IN his Re
port of 99-lSOp, with those OF his 'outline vew-wc
refer 10 the appellate supremacy claimed for the Judi
cial power Of the U. Sa,cs."-Th reader may make
the comparison Tor himself after have copied the fol-
lowing literal transcript from the celebrated "Report
prepared by Mr. Madison and adopted by the Legisla-
ture of Virginia:
But it is objected that tie Judicial authority Is 10
be regarded he sole expo-or of the Con ution, in
the last resort; and IL may be asked for what reason,
the dec ara'ion by the General Assembly, surprising II
to be theoretically rue could be required the pre-
sent day. AMI in 90 s,lemn Mariner.
"Ou this ohec ion, IL might be observed first that
here NAV he instance. Of usurped power, which the
forms Of the Constitution would never draw within tn
control Of the Judicial deparme, {: secondly that if
the decioion OF the Judiciary, he raised above the
thorty Of The sovereign parties the Consu,ion the
teciions Of the Other Departments. not carried by the
forms Of the Constitution, before the Judci.ry must
he equally auhori alive anil 6nsl with The decisions OF
that derartm.nt. Bn, the proper to the ohjec-
ton is that the resolution Of the General Assembly.
relates to those g'eat and extraordinary o. in which
all The forms Of the CoHstitution may prove inc
against nlracons dangerous TO the essential rights
The parties tp The resolution supposes that dange-
powers, not delegated, may only be usurped
and exccntsd by tho other departments but that the
Judicial department also may exercise sanction dan
gerous powers, beyond the Of tie Constitution;
and consequently. that the uma light of the parties
TO the Constitution, 10 Judge whether tho compsct has
be dangerously violated must extend to violations by
one delegated authority, we'll az by another; by the
Judiciary, well as by the Executives or the Legi.la.
tnre.
However true therefore, il ,ay be- that the Judi
ci. department is, in all ques,ions submitted to il by
the lorms Of the Constitution, to decide in NE last
Sort this rssort mus necessarily be deemed the last in
relation TO the authorities OF the other departments Of
the Government; notin relation 20 The rights of III" psr
es to the Constitutional compact, from which the Judi
eial az wall the ether departments hold their dele
gated trusts. Ga aoy other hypoh-si. the dele CATION
Of Ju 'ic.i paw.r, would anuul the author ity d.lsg,
ing Il; and the concurrence of this department, w
the ohers In usurpsd powers, might subv-rt forever,
and beyond the possible reach of any righrul remedy
the very Constitution, which all wo7e instituted 10 pre-
serve"
The Oh arlsnn writer speak, also OF The .Nuilf-
ers. Is it necessary go into thai question at s 10
sonSiier, whsherf act of Congress ia to be d. c.r
ed null AMI vail, whether Ivy a l. gisa'ure or Con-
veni,on OF tn, S:a,c-!f the Tariff for instance, is
to ba declared and IL thus TO he TO the Jutes Of
the State, whether they will give JUL ment the Rev
enue bous-it ~ il not upon the ground, that ths
Fsdera Compact has teen viosted by the act in qnes
ton, and that each party has right to declare III Il
it Necessary 10 consider, whsber tie ripht grows ont
OF the to9rds OF The Compact or from the nature OF
compact i.selF Whether it Flows from the Cousi'u-
ton, or /, emit rely dehors? Whether the actual nu6-
cotton Of act Of Congress ia is not species Of
"reiistaucs" 10 the law:-And whether there then
the qu stion. made by Mr. Madison himself whe-
Their ga degree of essou has ensued from the Ia
riff, "rendsr.ng resi- tsnc9 and revolution lesser evil
than ,olger paIsvs obelience?" whether, in other
words, this is such extreme cas., renders " the
ultima ratio Observation-Disclosures, in a word, under
The crcums' ances in which placed this nr.ti.
mable Union il to he destroyed for the sake OF the Ta
riff We cannot believe, that such resort is
~ or proper-and we do not hesitate to believe, that II
South Carolina should, unfortunately, come TO such
de cison, persuaded that she would sanl aons
in the opininDand that there 10 10 Safe il the South
who uid join her in such measure.-But, will South
Carolina resort 20 such an extremity! We are per'uad
ed that shs will not and, under this conviction, We
less anxious TO go at all into The question. Size will
her interest ard duty, without the intervention
her political brethren in other Safes new light
IL breaking in upon her.-The Proceedings of the last
dayS Of Congress, will have, il is hoped, great ei-
fact in trauquziog her. Patience and per-
severance. (as Mr. Jrfarsoa sally NAV do any
,h = Despair woull lose every lhing Thinks
has opened views upon the despairng friends
OF the Constitution. He has shown how this Federal
Union is TO be preserved-Ie has shown how essential
y necessary il to limit the powers OF the Federal Co.
vernment, and to respect the Rights OF the States. IN
der such circumstances-whie the Constitution is
again TO be consulted, the public expenditures 10 be
limited the public debt % be eXtnguish-d the public
duties already reduced and TO be further reduced is this
time to despairo resort 10 extremities? TO fly it
were in the face of the law?-We are satisfied, from
most OF what we see and hear that the reted spirit OF
South Carolina will become calmer and the measure
of notification will be postponed, entirely abandoned.
We have a letter before from Mr. James Blair,
of her representatives in Congress, written 30th
May who, speaking of the Salt and Moasses bills, the
laying the table of one of the Internal Improvement
bills, and above all, the Presidents Veto says "All
tungs considered s. Carolina has ample for gratu
laon and reoicng-and every reason hope that by
tihung TO exercise little orbearance call things will
come right in year two To this fortunate
result man, except Jackson, will have contributed in
a more eminent degree than worthy Senator, Judge
Smith. To both those distinguished men the coun-
try generally, and particularly 'He South" will owe
debt o. gratitude that be overpaid."-
The Camden Journal, remarks upon this letter, that
" give the following extract OF a letter from our
immedats representative Iva Congress- giving Vslu
able information 10 hs constituents Of his views al the
close OF tn. session, md which have no doub,
Iii. constituents will act upon "The prudence and
bearance' which Mr. Blair rccomms nds, are very
cesssry in the present posture Of politics Mr. Blair
is no milk and water politician. In recommending
calm conduct, therefore, his advice will lie under
suspicion OF ''ioo much moderation"
gentleman in Washington writes, that the Pre.i-
dent would out for Tennessee Saturday (tomor-
row 1.-The Secretary OF War passed through Baltimore
on Tuesday, on his way to West Point
Mr.. Randolph leaves this City this morning on his
way 10 Norfolk.-The Secretary Of State would meet
him at that place, TO morrow, with his Dispatches
| we have the Portsmouth Journal OF the 18th inst.
which sstes that on the 10th the "United States Ship
| Concord dropped down TO the lO,oer HARBOUR
(That paper repeats very trfng anecdoe from the
Boston Courier, viz. that Mr.. Randolph "has ordered
tco barrels Of beef and tongues, and hopes that the
worthy Minister will not get choked with Yankee beef"
No such order was given by Mr. RI