Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-03-19

dent have the unques'ionabe isht to Judge of in
Traction, and that notification by those sovereigntes
of all unauthorized acts done under color Of that in
strnment, is he righywi remedy"
But, the gentleman says, this right will be DANCE
rous Sir, insist that Of all the checks that have
been provided by the Constitution, this is by far the
saes and the least liable to abuse. Fl is admitted by
the gentleman, that the Supae'ne Court may declare
law to be uncon s'ituonaI, and check your further
progress. Now the Supreme Court consists of only
seven Judges; tour are quorum, three Of whom
majority. and may exercise ibis mighty posSef.-
Now, the Judges of th. Court are without any direct
In matters of opinion, and may
ly be governed by any Of the motives, which il sup"
posed will influence State, in opposing the acts Of
the Federal Government. Sir II is my sire Il,
excite prejudice against the Supreme Court. not on
ly entertain the highest respect for the individuals who
compose that tribunal, but believe they have render
ed important services TO the country, and that, con6n
ed within their appropriate sphere he rcsion Of ques
fountain from which will forever flow the streams of
pure and unjefled justice difsihg blessings through
out the land object only to the assumption Of politi-
cal power blythe Supreme Court,-a power, which
belongs not to them. and which they safely
ercse. But surely, power which the gentleman is
willing 70 conide to three Judges OF the Supreme
Court, may safely be entrusted to sovereign Stae
Sir. there many powerful motives TO restrain
State from taking such high goun interpose her
sovereign power to protect her citizens from unconst
totiona laws that the danger is not that this power will
be wantonv exercised but that she will fail to il
even on proper occasions
a State will be restraiisd nv a sincere love of the
Union. The People OF the United States cherish a de-
voon to the Union. so pure, so ardent, that ro,hng
short OF in'oerable oppression, tempt the
Ndo any thing tina. may possibly endanger Sir, there
exists. deep and settled conviction of tn.
benefits which suit from close come ion Of all the
States, for purposes OF mutual protection and defence.
III. will co opsrate with tie feelings of patriotism to
induce State TO avoid measures calculated to en-
danger that connection. State will always feel the
necessity eff consulting public opinion, both at houe
and abroad b'iore sh" resorts any of such
a character. She will know, that if she acts rashly
sh W II he Abandoned even by her own citizens AMI
will utterly fail in the object she has in view. H'as
is asserted in the Declaration Of Independence ali eX
perence has proved that mankind more iii posed to
suffer, while evils suffrable hin resort TO mca-
sures for redress, why should this be an exccp.
ton, where so many additional moives must always
be iound Tor fo'bearsucA9 Look al our own experi-
ence this subject. Virginia and Ken,ucky so far
back as '9S, avowed the principles, for which have
been neutrality-suspicious. which have never since
been abandoned and no instance has yet occurred, i'm
which IT has been fond necessary, practically to ex-
eri the powers asserted in those resolutions.
IL the alien and sedition laws hal not been Welded
10 the force oil public opinion, there be doubt
that the State OF Virginia would have to pro-
,ect her citizens from its operation And if the appre-
henscn oil such am incorporation by State shoulI have
the effect OF restraining the Federal Government from
acting. except in clearly within the limits of
their AN horiy surely one can doubt the beneficial
operation OF such areNraiuing influence Mr. Jefer-
son assures W. that the embargo actually Welded
rather than force New England into open oppose
ton to H. And it right TO yield it, sir honest
conv tons OF its unconstitutiohay entertained by $,
large portion Of our fellow citizens If the know
LEDGE that the States possess the Constitutional right to-
interpose in the OF gross delibe ate and pal
pable violations Of the Constitu,ion Should operate to
prevent perseverance in such violations, surely, the
effect would be greatly TO be desired But there is
point OF view, in which hi, matter presents itself
TO my mind, with irresistible force. The Supreme
Cout II Is admitted, may nulli'y act Of Congress-
by rclang it to be unconstitutional Can Congress-
after such nullihciton, proceed enforce the law
even hey should differ in opinion from the Court
What then would be the effect Of such deci.ion'--s
Aud what would be The remedy 10 such case, Con.
ko ~
power, and the only remedy would he appeal to the
creating power, three .our,hs Of the States for an
amendment Of The Constitution. And by whom must
such appeal be made! IL must be made by the par
ty proposing to exercise the disputed power Now, I
will ask whether sovereign State may not be safely
entrusted with the exercise OF power. operating
merely check which is admitted TO belong to the
Supreme Court, and which may be exercised every
day, by any three Of its nicmhers' Sir, no idea that
can be formed of arbitrary power, on the hand.
and abject dependence the other, can be carried
further than to suppose, that three individuals nero
men, subject to like passions with ourselves" may
be sfeIy entrusted with the power, to nufy an act
Of Congress, becau'e they conceive il TO be uncon,i-
tuon,'; but that sovereign and independent State.
even the great State Of New York is bound, implicitly
to submit TO its operation, even where il violates. in
the gro.sed manner her rights or the liberties OF
her citZ-ns But we do not contend, that common
case would justify the inerpo'ition.
This |. the extreme rn-ditine Of the Sate," AMI
cannot become daily bread
Mr.. Madison, in his report, says 1t does no. fol-
low, however. that because the States, as sovereign
parties to their constitu ona compac mus. ultimately
decide whether il has been violated, that such dec.
sion ought TO he interpreted. either in hasy manner
or doubtful and inferior occaon. Even in the case
Tof ordinary conventions between different nations
where, by the strict rule Of interpretation sc
OF part may he deemed br'ach Of the whole; eve.
ny part being deemed condition Of every other part
and Of the whole il is always laid down thai the breach
must be both wifu and material, to Justify In appls
cation or The rule But in The OF an intimate and
Cons iona Union. Ike that Of the United States ia
is evident that the nterposiion Of the parties in tbeV
sovereign capacity can he called for by occasions only
deeply AMI essentially affecting the vital principles OF
their political 'ydem."
The resolution has, accordingly, guarded against
any misapprshenson Of lite object by expressly requr.
ing, for such nterpo.iion the ease Of deIiberats
the exercise Of powers not granted by it, t mu,tba
case, not Of light and transient nature, but OF ma
ture dangerous 10 the great purposes for which tho
Constitution was established. II must be case more.
over, not obscure doubtful in its construction but
plain and papaple Lastly, II must be case, not re.
sultng from partial consideration, or hasy determi-
nation; hut case, stamped with final consideration
and deliberate adherence. II 10 not necessary, be-
cause the resolution does not require, that the question
should he discussed how far the exercise of any par
tcular power, not granted by the Constitution, would
Justify the nierrosition Of tie parties to IT, As cases
might easily be stated, which none would contend
ought 10 fall within that description; and cases. on the
other haAd might, wih equal ease be stated, 90 fla
grant and fatal TO unite every opinion in placing
them within the description"
| hut the resolution has done more than guard
against sconsruction by expressly teferrog 10 cases
OF deliberate, palpabe, and vigorous nature. IL
specifies the object Of the nerposition which II con-
templates to be solely that Of arresng the progress Of