Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-10-15

occurred! How manv now exist! how many may here
after spring up How many might be ingeniou.iy
mode proposed?
Is certain that the principle Of that mode would
not reach further than is contemplated. II n single
State can OF right require three ourhs Of s
that proportion is authorised TO amend it, would ia,
plea be less plausible that the constitution was una-
mously established, on ght to be unanimously expounJ
| ed?
The reply to all such suggestions seems to be una
voidabie and ire 'stbe that the Constitution is com
pact; that its text ~ to he eNpounded according TO the
provisions for expoundiDg -makng part OF the COM
pact and that none OF the parties can rghtfully re-
nounce the expounding provision than any other
part. when SUCH right accruss, may accrue, il
must grow out of abuses OF the compact releasing the
sufferers FROM their feslty 10 it,
10 favor of the multiplying claim for the States. ndi-
vdualy appears as you observe, that the procsed-
ings OF the Legislature of Virginia 90 and in go
against the Alien and Ssdi,ion Acts are much dweit
upon.
IL may often happen, as experience proves that err
roneous constructions not anticipated may no; be suf-
GENTLY guarded against in the language used and it lie
due TO the distinguished individuals who have miscon.
ceived the intention OF those proceedings suppose
that the moaning Of the Legislature. though well COM
pretended at the time, may rot be obvious to those
unacqua'nted with the contemporary indications and
impre ssions
But, it is believed that by keeping in view the dis
hncton between the Governments of the States, and
the States in the sense In which they were parties 10
the Constitution between the ris hts of the parties, in
their concurrent and!n their individual capaces; be-
tween the several modes aud objects OF n,erpos,ion
ganst the abuses OF power aud especially between
terposiions within the putvrw OF the Constitution anil
! 0terpostons appealing from the Constitution TO tie
rights OF nature, paramount 10 all constitutions;
an attention, always OF explanatory the views
and arguments which comba,ed the r. solutions
LOT Virginia. az vindcated in the report them will
be found entitled to exposition, showing consseu.
cy In their parts, and an Inconsistency OF the whole
with the doctrine under consideration.
That the Legislature could not have Intended sane
lion such doctrine, is to be inferred from the eba
Delegates 20 q dress Of 10
two Houses TO their constituents the subject of the
RESOLUTIONS. The tenor of the debates, which were
ably conducted, and understood to have been revis
ed Tor the Press by most ii ALL Of the spe akers
closes no reference whatever TO constitutional light
an Individual State, to arrest by force the operation
law oil the United Staes Concert among The S taes
for redress against the Alien s Sedon Laws OF
usurped pow eadug sentinel the attanmen
oil concert the immediate object Of the adopted
by the Legislature, which that oil inviting the other
States " TO concur, in declaring the acts be
stitutona and to cooperate by the necessary and pro-
per measures in maintaining unimpai;ed the nu,hor-
ties rights and hberie' reserved to the States respec
lively, and TO the people,. That by the and
proper measures TO be concreny and comparatively
taken, were meant measures known TO the Consttu
particularly the ordinary control of the people and Leg
s!a,ures OF the States, the Government OF the u.
nted States, cannot be doubted and the interposition
of this CONTROL the event showed was equal TO the
| occasion.
1t is worthy of remark and explanatory Of the In.
en,ions OF the Legislature, that the words law,
but utterly null void, and OF force effect" which
had followed in Gf the Resolutions the word I'M
constitutional" were struck out by common conseu,-
| Though the words in fact but synou ymons with
unconslitutional"-yet 10 guard agsnst ms under
standing Of this phrase than decaratory Of opin
ion, the word " unconstitutional" alone was retained
| as not liable to that danger
The published Address Of the Legislature to the peo-
pie, their constituents, affords another conclusive evil
depoe Of lie views. The Address warns them again.t
the encroaching spirit OF the General Government
CUES the uncsnstituiionay OF the Alien aud Sediton
Acts, points 70 other instances in which the con .ti-
ional limits had been overlesped dwels upon the dam
gsrous mode OF deriving power by implication and in
general presses the necessity of watching the con-
solidang tendency of the Federal policy. But nothing
said that be understood 10 look of main
tanning the rights of the Staes, beyond the regular
ones, within the forms OF the Constitution
IL any further lights The sub could be nc eded,
very strong one is reflected in The answers TO the
Resolutions, by the States which protested gans the m
The main objection of these, beyond few general
complaints Of the inhammatory tendency of the Reso-
buttons, directed against the assumed authority
OF State Legislature to declare law of the Unit
ed States unconstitutional, which they pronounced an
unwarranabe interference with the exclusive iurls-
diction Of the Supreme Court of the United States
Had the Resolutions been regarde ed as avowing aud
maintaining right in an individual State 10 arrest,
by force the execution OF law of the United States
1t must he presumed that it would have been con-
spicuous oh &C, of their denunciation.
| With cordial saluiations,
JAMES MADISON.
gaAf 1a.l.-. I1