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

that the power in question may be fairly considered a
TO the States by that clause Of the constitution
before referred to- which rr,vides "thst all powers
not delegated to the U. States, reserved to the
States, respectively, or to the people"
NO doubt can exist that, before the States entered
INTO the compact, they possessed the right to the FULL
eS extent, OF determining the limits Of their pow
ers-it incident TO all sovereignty. Now, have the y
given away that right, agreed TO limit restrict IL in
any respecH Assuredly not. They have agreed, that
certain specific powers shall be exercised by the Fed
eral Government; but the moment that Government M
steps beyond the limits OF s charter the right Of the
states ITO n'erPose for arresng the progress of the
evil, and Tor maintaining within their respective limit,
the authorities. right, and liberties appertainng to
them" is as full and complete IL before the Con-
.tiuon was formed II was plenary then, and never
having been surrendered, must be plenary now. BIt
what then. asks the gen'lemn! State is brought in
10 collision with the United States in relation the
exercise OF unconstitutional powers who IN TO decide
between them! Sir, il is the common Of differ
ence oil opinioa between soveregns as to the true
sructon OF compact. Does such difference Of opin-
ion necessarily produce war; No. And If not. among
rival nations, why should il do 20 among friendly
States: In all such cases. mode NUT be devised
by mutual agreement for settling the difficulty, and
most happily Tor u.s. that m;de is clearly Indicated i'm
the Constitution itself, and results indeed from the very
form and structure Of the Government The creating
power Is three our,hs Of the Safes by their decision
the parties to the compact have agreed 10 be bound
ven 10 the extent of changing the entire form Of the
Government ITSELF and il follows Of necessity that in
case OF deliberate and settled difference of opinion be-
tween the parties to the compact as TO the extent Of
MN superior-Ohst power which may give any char
acer te the Constitution they may think p,optr) viz:
thTee.iour:hs Of the States. This is the view of the
matter, taken by Mr. Jefferson himself who in 1921
expressed himself in thi. emphatic manner: eft is f-
tai heresy TO suppose that either our State Govern
mens are Superior TO the Federal the Federal the
State; neither l. authorized literally 10 decide what be-
longs TO itself or its coparner in government, in de-
ierences oil opinion between their different Of pub
lie servants the appeal is to neither, but their
pioyrs peaceaby assembled by their representatives in
Conv ention."
But il has been asked, why not compel State, oh
jec ing 10 the cons'i ulion y of law appe her
sister Stae by proposition to amend the Constitution?
answer, because, such would, in the fir. in
stance admit the exercise Of unconstitutional autho
rty, which the States bound TO submit to- even
for day, and becan.e il would he absurd suppose
that any redress could ever he obtained by such APP
peal. even II State were at liberty TO make it, II
majority o both Houses OF Congress should from any
motive be induced deliberately TO exercise powers
not granted what prospect wonid there be of'
ing the progress OF the ev"by vote of three our,hs.
But the constitution does not permit minor y sub
nit to the people PROOFS ton for amendment Of the
constitution. Such proposition only from
two-thirJs Of the two Houses Of Congress, or the
Legislatures Of two-thrds of the Stats" 1t will he
seen therefore, at once thata minority, whose const
tu'ional rights are vo!aei can have redress by
amendment of the Cons tuition. When any State is
brought into direct collision with the Federal Govern
ment in the case oil an attempt, by the latter
else unconstitutional powers the appeal must be mad
by Congress Uhc party proposing TO exert disputed pow
cry 10 order to have expressly conferred and until so
conferred the exercise OF such authority must be
pended Even in cases Of doubt such appeal is due
to the peace and harmony Of the Government On this
subject present Chief Magira.e, in his opening
message to Congress says: regard an appeal to
the source OF po,cer in of real doubt and where
lite exercise 10 deemed TO the general
fare, as among the most sacred Of all obligations
Upon this country, more than any other, has in the
providence OF God, been cast the special
of the great principle of adherence TO ,pritfen Constr.
uions. If il fail here. all hope in regard to it will be
extingushed. That this intended 10 he Govern
must be admitted by ALL and ii is duty preserve
for il the character intended by its trainers. The
scheme has worked well. IL has exceeded the hopes
Of those who devised it, ami become an obj of adm-
ration to the world. Nothing is clearer, in my view
than that we chiefly indebted for the of, the
Constitution under which now acting, 10 the
watchul and auxiliary operation Of the State aushori-
es This is not the reflection of day. bu, belongs TO
the most deeply rootcd convictions OF my mind. can
not, therefore, too strongly too earnestly for my own
sense OF its Importance, warn You against all en-
croAchments upon the legitimate sphere Of State sove-
retnty. Sustained by its heahfu and nvigoratng in.
foence, the Federal system can never fall
Bot the gentleman aPprehends that this win make
the Union rope Of sand" Sir, have shown that il
s power nGspensably necessary TO the preservation
Of the constitutional rights OF b. States ani of the
people now proceed to show that ii il perfectly s,fe
and will practically have effect, but TO keep the Fee
deral Government within the limits the Contribution,
and prevent fose unwarran able assumptions Of powe
which cannot fail TO impair the rights Of The States and
finally destroy the Union itself This
balances hl'ree Governments must be The whole
organization and regulation Of everv department oil
the Federal, as well OF the State Cove rnrents
'blish. beyond doubt, that il the first object Of
The great fathers OF federal system TO interpoe ef
fectual cheeks TO prevent that action which is
the bese'ting 'in OF all Governments, anil which has
been fbe great enemy TO freedom a. the world -
There il obvious and wide distinction, between the
power Of acting, and Of preventing action, a di.nc.
ton running thioneh the whole OF system. no
one con question that in all real doubtful cases would
be extremely desirable 10 leave things they are
And how happy wou il be for mankind, ana how
greatly would contribute 10 tbs peace and tranquility
OF this country, and 10 that mutual harmony which
The preservation Of the Union must depend, that IN .
Federal Government (eonining its operations TO subjects
clearly federalD should only be felt in the blessing.
which II dispenser Look cir, at system Of checks
The House of Representatives. checks the Senate, the
Senate checks the House, the Executive checks both
the Judiciary checks the whole; and IL IL in the true
spirit OF This system that the States should check the
Federal Government at least far preserve the
constitution from gross papabe and delibe viola
hon', and TO compel an appeal TO the amending power
in eases Of real doubt and difficulty. That the State.
possess this right to be acknowledged by Alex
ander Hamilton himself In the 5lH No OF the Fede.
rals he says that in single republic all the powers
surrendered by the people, submitted to the admin.
isra ion OF single government, and usurpations
guarded against by division Of the governrn nj into Sc
parae departments. In the compound republic Of A.
nefica, the power surrendered by the people s first
divided between two distinct governments and then
the portion allotted TO each. subdvided into separate
departments, hence double security arises to the
rights OF the people. The different governments uOil
control each other, at the time each will be
roIed by itself"
have already shown, that IL has been fully recognz
cd by the Virginia resolutions OF 9S and by Mr. Madi.
sons report these resolutions that IL not only he
r Il O..