Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-04-05


tablishsd for different purposes. and with din pow
Between tho'e pow qIesIons may arise, and
who.sball decide hem' ms provision for this end l.
absolutely sssryWhA shall il be! This was the
question before a CoLve'iii aud var scheme.
were svgsesirc.-ltw was ioeevD, IL the a,es migh
halvsr,sn,ly pN's laws ineonsist nj With the Cons i
tuition OF the Uai.-d Saes. sih acts Of Congres..
a, least, Ia We might be H. which would b. arg
a with surh nconsist-ncv How -horld hes- cnss lone
be disposed o' Where shall the power OF Judging in
cases Of aes cd Interference, be odgcds One sugges-
tioo In the convention, to make IL executive
power, and to lodge in the hands of the Pres lent by
requiring all State laws be submitted to him, that
he might negative such as he thought appeared repug
the general constitution. This ijea perhaps,
may have been borrow from the power
cised by the crown, the laws Of the col mics
ltwoud evidently have been not only inconvenent
and troublesome proceeding, but dangerous, also, to
the powers OF the States. IL was not pressed 1t
thought wiser and safer, the whole, TO
require State Legistures and State Judges to take
oath to support the Constitution of the United
States, and then leave the States at liberty to pass
whatever laws they pleased and IL interference, in
points of fact, should arise, to refer the question
to Judicial decision. To hs @nd, tie jujcisI COVER
under he Co, s'he,n Of tie Uu ed States. mad.
co.extsnsive wi the legislative power. l.
tended T. al arising under The Cone loo and
lave oI Congress. The Judiciary became thus Tos
sesed Of The authority OF deciding. in the last re rt
all cases o. aes rferenc" between the State
Laws and the Const tuition, sni Laws OF Congress
Gen,ism u--Tbi is the actual Cons,i u,ion i,
the law OF the isnj Th-re may he thoss, who think
II uune cessary, who would prefer diff rent mode
Il lie c;ipg such questions. But this i. established
mode, aud al, II be alter d. tue Courts can moe de-
cline their v. these casions ihau other oc.
csson,. Blu, Gen l,ner, can any reasoDabIe
doubt the extodeucy OF this prov sion or suggest
better? l. l. not ab ointey cs', n,a' to tbs peace Of
he country iha, this power should exist some where
Where can exist, better than whste il does ex
is's The Nauooai Judica'y's the common tribunal
OF The whole coun'ty l. i'o'esnizrd by the common
authority, and its places hIed by the common agent
This IL plain aud practicable ptosi.or Ii fram-
ed by no burg'-re, nor by any Will theoli Is. And
who ceu say, tha, i, has ieed Who can 6od sub
,nfaft ...l ,ylth 70. fen ita ~.
great question l., whether we shs provide for The
p.scesbie decision OF cases OF collision. Shall they
be decided by 'ow or by iore'' Shall the decisions
lie docisiops OF peace, or deciions If war /!
o. the ocS asion referred TO- the proposition contend
ed ftr was, that sia'e, under ain supposed
exgsncee, AMI in CERTAIN supposed cases. might de eide
Tor ITSELF and fer s- and oppose lis force to
the execution Of thu laws. By wat Argument do you
imssi0e, gentlemen, II yves, that ssch PREF osiion
wa. nlsiniainrdl should call il me-, physicaI and
sub lie, bu III terms would imply at leas ingenuity
aud degree OF pausib',; where's the atgum ent
appears 20 me plain a"umpion mere perverse con-
srucon OF plain language, in me hcdy OF the Const
tuition itself As und'rstini l., ~h-n put forth in / 8
revised ard most au,heutc shape, il Is hi, that the
Cen Ii .u,ion p'cvides that, any amendments may be
made TO l., which shall be egeed TO by three -lurths
OF the stat; here is therefor TO he nothing in the
Constitution 10 which tbreeis uIhs OF the ates hive
no, agosed All hs il true; bu, then hir inf.
ence, viz that when State deties the cons
atty any law OF Congress che may arrest it's execu
lion 20 herseli and keep it arrested ill the States
all be consulted, by their conventions. and three.
I.AW :
Constitutional Indeed The Inference is sill strange,
thi for ate Coavn ,ions have no authority 10
cons'Iue the Constitution, though hey have the au-
tboti'y u amend IL therefore the argument provr
II ii prove any thing, that when any S a'e denies
MAT any particular pewer il U' udsd in the Constitu.
ton, il is to be con,er a. not ins eJ, and cannot
be found there till threeiour Ia Of tbs Slater agree 10
insert l.. In shoIt, the resul Of The whole IT, tina,
though il require three our,bs OF The a.cs 20 i,,.-t
any thing into the Cons.iu or, yet any State an
strike any hing out Of il. For the power s,rik. or
ard the power Of decidins, without appeal, upon tb,
construction OF VII 10 alre dy 10, sukstsut ally
and pra. icaliy ile
Aud, Gsn'l II en-, what spectacle should we b,ve
exhibited, under the actual operation of lotions like
these AZ The te IN ment when our government W. $
qnoted, p a.ssd, and commended all the world;
when the tricf d. ofRepubcao Liberty. every where
gazing a, il with delight and, were in per-
fee. adnil aion at the harmony oft movements one
stae stels forth. and by the power OF mt ifcaiior
br axis up the whole sys, IN, and scatters the bright
chau Of the Union, iD'o as macy suudered links as
there are separate state
Seeing the tue grounde of the Constitution llu, at
lacked, rai'ed my voice in its favor, must confess
with preparation. previoue itt-ndor can hard
Nv say :ha embark d ip the est from sense OF
duty Ii wa+ an ipstnaneous impulse OF inclina ion
not acting sint duty, trust, but hardly waiting
lis se,iions. feel 10 be contest f,r the ipeg
ri,y OF he Constitution; and ready enter into
1t, not 'hilkins'o or caiirg' personally, h:w might
ou'.
Gentlemen, | have true pleasure in saying tina,
trust the crisis has in some measure passed hy-The
doctrines Of DUll.hca.ion hIv' received severe and
stern rebLke ifom psblic opni The general repro.
baton OF the county las been cast upon them r..
cen, expressions of The mts, branch of M.
Naticnel Legi lature decisive and imposing Every
where, the general tone Of public feeling il for The
cCns,itu:iou. Will. much will be Welded svs,y
thing, Almost bu, the Integrity Of the ccnsl ion and
the essential interests o! the country 10 the cause NJ
mutual harmony, and mutual cancellation, no ground
can be graLtee, no, an inch, to menace and LIussr
Indeed, mea and buster, AMI The putting forth n,
daring uncoi si icna doctrines, are a, this yervr
men,, the chit oh tac'es to muuaI harmony aud sails
factory accommodation. Nj cannot wei reason srd
oonfe' and tske Sc, together about the
exercise CT a power, wi Ii thoss who deny that an y
such pow !igh fully eSisis AMI who threaten IN bio
up the whole constitution, f they cannot other wiss
rid OF its .oD l'is alter of sincere graifca
ton, genl .meD that the v0cs OF tbs great Sf,,e b,
been clear aud strong, and her vote, all but mani
nous, The most iueres leg OF these occsions in ,b
House oil Rspr sentative. C,rainy such r.sneci ~
The Union be. New York. II is cons M ,y;,t
her interests and her character. That singuIauv
pstous state which H. and is likely 10 contains A.
be the creates! Ink in the chain of the Union -,y;
ever Re, il is to be hoped, he srcnget link slsoba
great States which lie 10 her nsighborhooJ agreed
with her fully in his alter. Pennsylva. IA, bsIev.
1aj@ ~ al to the UDiou, 10 man; and Olosra.ss s,
voice, like that OF or, against whasoever
dsu ion and dsmeu berment. Til harnonv of ssn,,
men, is truly gratifying IL is mt 10 be garsaid A. a,
the union OF op1ioD, 10 this great cnra mas, nj nm,
population. this momeDous point OF The titntion
augurs ell for our future prosperity and seeu:itv
have said, gentlemen, What ve,i'y b ,Iieve IN h..
truo that the !. no Danger 10 the Union fro,n o,an
and avowed attacks on it, essential pyincipjes NJ
thirg i TO be feared from ho,e who will ma,,b m
boldly % their own proportions, and tell us tat Ibs y
iOesn 10 aOnhha'e powers ezerr ed by Congress RI;
certeiDly; there are dangers 10 the Consn1,ua. - =