Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-01


and vital principle OF theoretical liberty as established
here, with all its securities Inevitably be destroy
ed.
This great maxim ought therefore, to be vndicated
when violated. Ii has never IL Is true been
that the Supreme Court OF the United States or Con-
gress, or both powers together, alter the OF the
federal government; but il the power claimed for the
Supreme Court be submitted TO, and the twenty fifth
section OF the judicial act be continued as part of the
Judicial system OF the United States, that Court will
have the power, without possible check to
upon the other political departments of the govern
ment.
Much difficulty and embarrassment in discussing
questions OF political powers and right, arises from
blending and conounding terms usually e,nployed in
expressing and describing political laws and iudg
menis proper understanding OF the distinction he
tween them, will always enable us to detect any attempt
Of the government, any department in it, 10 alter or
change the Constitution. Political law is made by the
Pf0P'e to restrain governments civil law is made by the
government, 10 restrain indipidttds. The former is a
rule oil scuon Tor the governiug the latter rule of
ton for the goveue'.
The Supreme Court virtually claims the right, under
the Constitution, to pronounce political judgments and
sserts the power. under the judicial act, of carrying
them into execution, by coercing sovereign States.
The committee readily admit that there is great difficult
ty in distinguishing between political laws and udg-
ments, and civii laws and judgments, in most of the
governments of the world but confidently believe that
IT was sorescen and provided for by the trainers OF the
federal Constitution, by the division and limitations OF
power find there, between the federal and State gov
ernments None deny that such division of powers
was made by the Constitutions between thu federal gov
to the former, and the reservation OF all ungranted pow
ers to the latter but great diversity of opinion has
existed as to the power to which resort be had
determine questions and controversies that might arise
between the several departments of federatvc sys
tem The question is not one. In the great po
tcal contest in lbs and 1899 this very question
Distinction and marked the line of division between
the two parties that then divided the country The te
dera party, who then in power asserted that the
federal (Which had just then declare and enforce
ed as Constitutional, the alien and sedition aws0 was
hliaha hy
tion 10 judge of and determine questions of conrover
sy between the departments of the federal government
and bctweea the federal government and the
States The republican,, State rights, party of
that day. on the coatrary denied that the judicial de-
parmen OF the federal government all the depart
ments OF that government conformity, were empowered
to decide finally and authorativey, in questions of So
vereigny, controversies between State and the fcde
raj government and asserted and insisted that there was
no common tribunal established by the Constitution for
such apurpose, and that, consequently, each party had
the right to judge of and determine the extent of its
own rights and powers. The avowed political creed of
that party was, that the Union the result of COM
pact between the people of the several States in their
sovereign and corporate capacities and characters of Sc
parae and independent societies States ard not as
one entire people forming nation That these were
the opinions and principles of the republican party of
that day, is ahundanty proven by Mr.. Jefferson Mr.
Madison, and many other able constitutional lawyers.
The committee do not mention The names of these
distinguished men for the purpose merely of using their
opinions authority for the principles they advoc aed
but to establish the tact that the great body the Anne
rcan people did pass upon sanction and adop the so
principles, as forming the true theory Of our govern
ment, which was manifested by the promotion Of these
gentlemen to the very stations where these principles
were TO be tested by action and practice As il is now
matter of unquestioned history, that Mr. Jefferson
penned the memorable resolutions commonly called the
Kentucky resolutions, and that Mr.. Madison wrote the
Virginia report, the committee feel entitled 10 ouoe
hem authority upon questions Of Constitutional law
Resolutions, passed Nopember IOih 1893 |
" Reso'red, That the sevtrel States composing the |
nited States OF America, are MT united the prin
,is CT uniimi ed 'ubo lesion to heir general COVE
nent but tia, NY compact under the style and title of
eonsuio f,r the United a'es, aud OF AMENDING nts
thereto, they constituted general gov ernment for rpe
cial purposes. gated 10 that government certain d.
bn!;ive powsrs, IeseTving each State TO its III the
lsuary mass Of fgb; TO t:er owa self government |
Ind 'ha whens 'ever the general government assume.
lndeleeated powers, lis acts unauih crative void
mi of no 'oc that % this compact each State acce-
led as State, and is an integral pArty that govern
nent created by IBIS compact, was md the ex-
,ssI % nnsS ws s,n hs Of the gowss
ion, and not the constitution the measure OF its 10 "
II hut that, as in all other OF compact among
'res having no common judge, each party has an e.
ual right to judge Tor itself, well Of niracons as
II the mode and measure OF redress
The COMMITTEES beg leave to add the following ex.
ract from The same illurtsous source:
"That he States Of North ..merica which confsde-
atet 10 establish their independence the govern.
nent Of Great Britain, BE- came, that acquisition free
nd independent Safes. and, a. such, authorized TO
onsiue governments, each itself in such form as
though best"
They de olared in the second article of h ir rs can
edsra'ed government, at "each State retains its SOW
regnty, freedom, and nepeni and every pow err
Jurisdiction and ri,ht, which is not, by This Onf,dea
v, expressly delegated 10 the United Sat.s in Con
ress assembled" They afterwards entered into
cmpac which is called he constitution the United
ates OF America, by which they agreed to unite ia
nge government as'to their relations with other
nd with ioteien naion', ard as to certain other ari
les particularly specified They reaine at the same
me, each to itself the Other rights of independent
government, comprehepding, mainly, thsir domestic
Dter.sts."
For the administration Of their federal branch thew
greed to sppo nt 10 conjunction, distinct set of fuc.
oDare' legislative, executive and judiciary, in the
hammer settled in that compact, while each sever
lily, AMI OF course, remained original right of ap-
ohtng, each for tsel -eperats set OF funcionares
seislatvs, executive and judi ;iary, also Tor admins
erng the domestic branch ef their respective govern
lents.
These two sets Of oicer, each Independent, of the
'her, constitute thus whole Of government, each
tNe se9a- dely--tbs powers ascribsd 10 IN nns a.
pecifcay made federal, exercised over the whole
be residuary powers retained for the other exsscsa
lie exclusively over particular Saieforogn here
n each to the Others. as hey before the ofgi-
al compact"
hofes Of he federal anl State governments !. man.
esed irom the guarded lmi alton and milton OF the
rants OF over in the compact itself and by the con.
sDPorary discussions and comments which tbs consti.
on underwent, which justified aud TecOmm snded IT,
o the ground that The powers no, given TO govern.
neni were withheld from IT, But leave no dc ubt on
be SUBJECT, the amendments to the constitution expre
declare, that the powers not delegated to The Uuited
yates Oy the con"ituii0n nor prohibited by II the
states, are reserved to the States rsspeciyeIy or IN
he people.
The committee Of opinion that the delegated
'owsrs resulting from the compact OF governments 10
which The Satss are parties, limited by tho plain
and Intention OF the instrument constituting that
nd ara m ALI han f,.v