Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-10-15
POIITIGAEa
MR.. MADISON'S LETTER.
To the Editor of the M, m american Rfrie,

W
Gated as constitutional right by Of distin-
guished fellow citizens; and TO the proceedings o, the
Virginia Legislature in '9S, and 49, appealed in
behalf OF that docrne and you express wish for my
ideas those subjects
am aware OF the decacy of the task in some res.
poets and the dihcuy in every respect, o! doing full
justice TO IT, But, having, in than ns ance.
compiled with like request from other friendly quar-
ers !, not decline ske CHI OF the vie ws which have
been led to take OF the doctrine in question, welt
some others connected with them; and Of the grounds
from which II appears tina, the ceedngs OF Virginia
have been misconceived by those who have appealed to
them In order to understand the true character of
the Constitution OF the United States, the error,
common, must be avoided of viewing il through the
medium, either Of consolidated Government, or OF
consderated Government. whilst it lie neither the
nor the other; but mixture OF both. And having in
no model, the similitudes and anaoges applicable
thsr systems OF Government, must, more than any
Other be it. own interpreter according to its and
From these II will be that the characteristic
pecmiarities OF the Constitution are, l, the mode
Of i's 'ormaon q the division Of the supreme pow
ers Of Government between the States in their unit
ed capacity and the States in their individual
L. IL was formed not by the Governments of the COM
Ponent States, the Federal Government for which 10
| was substituted was formed. Nor il formed by a
majority OF the people OF the United States, "a single
community, In the manner OF a consolidated Govern
ment.
1t was formed by the States that is by the people in
each OF the States acting in their highest sovereign
pacly and formed consequently by the same authority
which formed the State Constitution.
Being thus derived from the same source as the con-
shutlons OF the States it has, within each State, the
same authority as the constitution of the Siate and
much constitution, i'm the strict sense Of the term
within its prescribed sphere the constitutions of the
States are, within their respective spheres; but with
this obvious and essential difference, that being
pact among the States in their highest sovereign
city, and constituting the people thereof one people for
certain purposes, cannot he altered annued at the
will OF the States individually, as the constitution of
state may be at its individual will.
z And that il divides the supreme powers of Gov
errment, between the Government of the United
states and the Governments Of the individual States il
stamped on the face OF the instrument the powers of
war and OF taxation, Of commerce and Of treaties and
other enumerated powers vested In the Government of
The United States being Of as high and sovereign
CHARACTER "a airy oil the powers reserved to the State
Governments.
Nor is the Government of the United States, Great
ed by the constitution, less Government in the strict
sense Of the term, within the sphere Of its powers, than
the Governments created by the constitutions of the
States are within their several spheres 1t is like them
organized into Legislative Executive, and Judiciary
Departments. operates like them, directly on per-
cons and things. And, like them, it has at command
physical force for executing the powers committed to it,
The concurrent operation in certain cases, OF the
features marking the peculiarly of the system.
| Between these different constitutional Governments
the one operating in all the States, the others operating
separately IN each, with the aggregate powers of Co
vernment divided between them it could not escape
tenon that controversies would arise concerning the
boundaries oil urisdcton and that some provision
be maze Tor such occurrences. political system
that Goes not provide for peacesbe and authorize
termination oil occurring controversies, would not be
|
end OF a real Government being, the substitution OF law
and order, for uncertainty, confusion, and violence.
That to have left final decision, in such cases. to
each oil he States then thirteen, aud already twcnty
four could no, fail to make the constitution and laws Of
the United States different in different States was oh
vious; and not less obvious, that this diversity of inie
pendent decisions, must altogether distract the govern.
meDt oil the Union and speeaiy put end to the u
Mon itself. An uniform authority of the laws is 10
itself vital principle. Some of the most important
laws could not be partially executed. They must he
executed in all the States, they could be duly exc
cuted in none. An impost, or excise, for example
VI not IN orce ia some States, would be defeated in
theirs. Its well known that this among the les
sens oil experience, which had primary influence in
bringing about the existing constitution. loss OF its
general authority would revive the exaspera
ting questions between the States holding ports for TO-
reign commerce, and the adjoining States without the M
TO which are added, all the inland States, necessa
ry carrying on their foreign through other
States.
| To have made the decisions under the authority of
The individual States, co-ordinate in all cases. with de-
cisions under the authority Of the United States would
unavodably produce collisions incompatible with the
peace Of society, and with that regular and efficient al
nins'raton which is Of the Of free govern
ments Scenes could not be avoided in which min
eria officer Of the United States and the correspon
dent officer of an individual State would have rencoun-
tiers in executing conflicting decrees the result ofwich
would derend the comparative force OF the local pos
ses attending them; and that casualty depending on
States
To have referred every clashing decision under the
two authorities, for final decision, the States par
Ties TO the Constitution, would be auented with deIay.
with inconvenience, and with expenses amounting
prohibition OF the expcdent; mention its tend n
cy 10 impair the salu,ary venera'ion Tor system re-
quiring such frequent interpretations, the delicate
questions which might present themselves to the
OF stating the appeal and as to the quorum for decid-
ling il.
To have trusted 10 negotiation for adjusting dig
putes between the Government Of the United States
tho State Governments, as between indepe ndent and
separate sovereigDtes, would have lost sight soge-
Their OF constitution and government for the Union;
and openeda direct road from failure OF that re
to the ultima ratio between nations wholly indie pend
sDt Of and alien TO each other II the idea bad t ORR
gin in the process Of adjusment between separate bran
ches OF the same Government, the analogy entirely
fails. In the case oil disputes between ndepe nde
PARTS oi the Government neither part being able
10 its will the Government proce ed
without concurrence Of the parts, necessity brings
about an accommodation. In disputes between State
Government and the Government Of the United States
the practically well theoretically dferent
each party possessing all the departments Of an organ
lied Government, Legislative, Executive, and Judicial
ny; and having each phyca force 10 support is pre-
tensions Although the issue Of negotiation mich
sometimes avoid this extremity, how often would il
happen among many States that unaccommo-
dating spirit IN would render that resource una.
yailDs' contrary sUpposition would not accord with
knowledge OF human nature, the evidence of our
own political history.
The constitution, not relying on any o! the preceding
aions, for its safe and successful operation has
expressly declared, the hand, 4, " that the
constitution, and the laws made in pursuance thereof
and all treaties made under the authority Of the United
States shall be tie supreme law Of the land. that the
Judges Of every State shall he bound thereby, any
thing in the constitution and laws OF any state to the
contrary Notwithstanding; 2, that the judicial power
If he pff of,ff ali