Lancaster gazette. [volume] (Lancaster, Mass.) 1828-1830, 1830-03-16

was reierred to select committee. bv whom
was made that celebrated report which is
lamiliarly known as Madison's Report. y
ana which deserves to last as long as the
constitution itself. In that report. which
was subsequently adopted by the Legisla-
lure, the whole subject was deliberately re-
examined, and the objections urged against
the Virginia doctrine carefully considered.
The result was that the Legislature of vir,
ginia re-affirmed all the principles laid down
In the resolutions of 1898, and issued to the
world that admirable report which has stamp
ed the character Of Mr.. Madison as the pre-
server of that Constitution which he had
contributed so largely to create and estab-
lish. Twill here quote from Mr.. Madisons
report one or two passages which bear more
Immediately on the point in controversy.
Inc resolution having taken this view Of the
federal compact, proceeds to infer that in
case Of deliberate, palpable, and danger
GUS 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 liberties appertainng to them.'
ut appears to your committee to be a
plain principle, founded on common sense,
illustrated by common practice, and essen
tlal to the nature of compassionate, where
resorts can be had at no tribunal superour
to the authority of the parties, the parties
themselves must be the rightful judges in
the last resort, whether the bargain made
has been pursued or violated. The Consti-
tuition of the United States was formed by
the sanction of the States, given by each in
its sovereign capacity. 1t adds to the sta
blllty and dignity, as well as to the authori-
ty of the Constitution, that it rests on this
legitimate and solid foundation. The States,
then, being the parties to the Constitutional
compact, and in their sovereign capacity, it
follows Of necessity, that there can be no
tribunal above their authority, to decide in
the last resort, whether the compact made
by them be 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 require
their interpostion."
"The resolution has guarded against any
misrepresentation of its object, by expressly
requiring for such an interposition, the case
of a deliberate, palpable, and dangerous
breach of the Constitution, by the exercise
of powers not granted by it, 1t must be a
case, not of light and transient nature,
but of nature dangerous to the great pur-
poses for which the Constitution was estab-
lished."
"But the resolution has done more than
guard against nlsconstruction, by expressly
referring to cases of deliberate, palpable,
and dangerous nature. 1t specifies the OBJ
ject Of the interposition, which it contem-
plates to be solely that of arresting the
progress of the evil of usurpation, and Of
maintaining the authorities, rights, and lib
critics appertaining to the States, as parties
to the Constitution"
"From this view of the resolution, it
would seem inconceivable that it can incur
any just disapprobation from those who, lay
| ing aside all momentary impressions, and
recollecting the genuine source and object
of the federal constitution, shall candidly
and accurately interpret the meaning of the
general assembly. If the deliberate exer-
else of dangerous powers, palpably with
held by the Constitution, could not JUS
tlfy the parties to it., 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 to it, there would be an end to all
relief from usurped power, and direct sub
version of the rights specified or recognized
under all the state constitutions, as well as
plain denial of the fundamental principles
on which our independence was declared"
At the ensuing session of the Legislature,
the subject was re-examined, and on the
18th November, 1899, the resolutions of the
preceding year, were deliberately re-affirm-
ed, and it was among other things solemnly
declared 3
"That if those who administer the Gener-
al Government be permitted to transgress
the limits fixed by that compact, by total
disregard to the special delegations Of pow
err therein contained, an annihalation of the
State Governments, and the erection upon
their ruins ola general consolidated govern
ment will be the inevitable consequence.
That the principle and construction con-
tended for by sundry of the State Legisla-
lures, that the general government is the ex-
elusive Judge of the extent of the powers