Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-08-12

consist Of the people of the States who sovereign.
The reservation oil the rights oil the States, in the Con-
stuion, supsrerogatory: they would have remained
undimnished without reservatio Their recognition
was inserted in the Constitution, some other passa
ges are, from OF caution All the rights of state
equally sovereign "and reside in the States in their
separate and distinct political characteristic but such oil
them they have granted to the General Government,
they cannot exercise or resume long that Govern
ment exists. sovereign State may enter into
pact with other sovereign States. Each OF the States
did enter into compact with each other-thdt compact
as The Federal Constitution. They all, therefore,
bound 10 comply with its conditions, among which
that when questions arise under it, they shall finally be
decided by the Federal Judiciary created for that pur-
Ipose; and that "the Constitution and the laws OF the
United States, which shall be made i'm pursuance there
of &C. shall be the supreme law of the land, any thing,
in the Constitutions laws OF the States 10 the contra
ry Notwithstanding.
There ore but ,wo cor s,iiutional mode, by which
Slate 'prevent the eneIoacbueut of the q ncr
Governme n, on the rights OF the S,aiea"b--en amend
me mt 10 the Consi'u ION and reiershce the Judi
siary Tue ates, or sndividuals By remonstrapces,
by protests, ty appeals 10 each other, the Press,
to Con geeSs--or the people by changing heir rep
reseDaiiyes may endeavor TO procure the repeal Of ob
uoXious laws. These means are inSeparabe from ell
| free government. IL an anne dmeut the COnstiiu-
ton bs obtained: II the Federal Judiciary deter
mine that the law complained OF is constitutional; and
II the ether means OF redress Shich have stated be
unavalpg, the people OF the sggrioyed State must
dure the tur'hen of the obnoxilus law OF resist ts
execution oy force OF arms, or withdraw frcm the
UniUr. There are no ohsr al,eTna iyes re mainng.
"rhe Expos ion" does not rec Jmdepd uuquaifad
veto by The State but hat il shall continue forr un.
til the power under which the Tas!H law sas enatt.d
shall be sanctioned by az ar endment 10 the Consu
los. This amepdmen, ",he majority may nvekc"c-
10 obi c. 10 The amendment If made, would be pol.i-
Cal heresy, and to oppo;e il would be rebcl,or.d
BY what species OF logic ,hi, paramount authority
OF an amsndmeBi TO the CVnniiu,ion is arrived at,
can neilher discover from am lights afforded by "ihe
Espoii'ion," por from any which can be furnished by
my own mind. II a State by virtue OF lis sovereign
and reserved rights consiiIut onty, 'con,rol The
action o the General Government, contested point.
rt,r,
"eonIol the action Of the General G jvernmonr' or
contested points Of authority under an smendme ut
which lie part OF the Constitution. The ground taken
in "the Exposition il, ihala State has a right 10 de.
eide, whether power exeTcted, has been granted BY
the Constitution; and il, in the opiuion of The a,e II
has not bsen granted, she may any action under
ii. Now IL power should be- cxercsel by Consres,
under an amendment TO the Constitution, which, in he
opinion OF Safe, was not granted by 1.-THE STATE
NIGH, by Ire ZANE reasoning, derry that lhs power
was granted b the amen3meni, and arrest any action
under Il. 'ris scarcely possible for the incest Jho-
logical accuracy 50 10 flame au amendment, however
srec6e b. s object, avoid diversity OF ncrprr-
taou. The eleventh amendment 10 the Constitution
was passed for pa'icula purpose; and yet HID
OF tho States have given TO il e,slrueions, dire
y az variance with he decision Of the Supreme Cour,
of the United s,es. II an amendmen nj inirodns cd
with tie sole intention Of providing Tor single object,
has received different anngs, the disputes between
the States and the United Safes, would be iniermni
ble should the States be entitled arrest the
OF law, 10 lhsir opinion unconstitutional Tho Top
ton Of Amendments, long this right continued,
would moi remedy the evil. This conuIion and pc r
plexty cannot bs obvated otherwise than by adher-
ing the provision in the Constitution, by which con-
siuonal questions are to be finally decided by Que
tribunal
Whether The right to impose its veto upon law oil
lbe Union, be claimed by State, wiihcu, any o,hsr
mii aon iban lie own construction or with The quail
heaon, that lie veto shall be cancelled by amend
me MT recognizing granting the disputed power ia
the result, would be almost immaerial The dificui.
iy OF obtaining any amendment to the Constitution is
notorious. Amidst The claGhng interests, and preudi.
In.x n thf q.
should OF the States dissent from ,he propose
amer dmen,, by the theory OF Z" the Exposition ih ~
Sia'As IL r."i,; ~@ de COpsiIUEif," i6a singi
State should be able to ccnirou twenty three Slater
IL single State OF right require three
of it's co-Saies 10 oveIrule s expedition OF the Con-
sutuon, beoau'e thai proportion is horized amend
IL, would The plea be less plausible that the Coo.-
tuition was unanimously established, ID ought 20 be
unanimously expounded.'J IL Slate has thus the
power TO interfere, the Government, would be parayz
ed; for there 10 scarcely any great power exercsed
by Congress, the coDsiiut0naiiy OF which is admitted
ia ell the Saies The Constitution, different times
10 The State, would receive different constructions
II would be Interpreted not according to lis letter
and It's spirit but the feelings aud the passions of the
day. The charter OF the Bank of the United States
and the sppropriaion Of money for Internal Improve
meD's denied be constitutional in Soutn- Carroll
ma, wero formerly saucsicned by her. Tue very pre-
iecive system, has been Irenuously supported in Con-
gees by The South Carolina ID .leg ston.
The right oil State TO judge Of The niracions of the
Federal Compact and 10 nuiliy tho laws OF that com
pact, by virtue OF it's reserved and Inherent sovereign
ty, is attempted 10 be established the analogy oil
similar right in 'overeiGn', who have entered into
league or treaty. Ii soversgns enter into league
or treaty they obligated perform their condi-
t!ons, by The aws of nature and of nations Should
OF them absoye hin II from hese obligations the
treaty or league would be at end, and rom nece
sy, the in urtd soyeieizn coul only sppe, to arms
f)r redress. But cur Constitution is 10! a league, as
the Confederation was, nor a treaty, which il a rom
Psct between raons, ackrOw eigpg supe fior, with
separate and distinct governments and laws ard
rate and di'ioet powers and interests. The Federal
Constitution was formed by The States. By that Con-
siiuton, the United States under the same govarn.
ment, arc sui eat 10 the laws, controlled by
the powers aud connected by The same interests
That Constitution, where differences ari,e beiwetn The
parties 10 it, relaiiBg to its eonsirucop, desgnaiss
tribunal, BY which these differences shall, sxtlusiveIy
be dstided Without this provision the only arbier
foT these differences you'd he the twotd. The States
ually bound to each Other TO comply with this provi-
sion. III Slate violates il, that State resorts TO the law
OF nature, and tbs Constitution is more To
hAi the exefci,e OF this ultima Ta,o beuond The Co,.
a State csnnol be in the Constitution and out OF H. al
tho same time. To be and not 10 be, smultaneou
10 not IN tbs power OF omnipoenss beP
Tbs Resolutions and Report of Mr.. Madison in IN =
Legislators of Virginia. watch cited as authoriy
for the doctrines OF " the Exposition, will be found
upon an attentive examination, 10 Sonvsy very diff
iereni meaning. They reeogsizs constitutional
right the par Of State 20 nniIfy an AsI OF Con.
sSUrss, whish ne Constitution ean eoniToul.
| To extract from ihSss Resolutions and Report
(Which occupy fOriy-eshi ptgss oil printed PANS
those psssages which nscesary fully, 10 subsIan
slate their intention aad import, would he Wsspss
upon your tins, that | will not be gully or | shsi
merely submit TO you, much Of them, In lew nes
as will rs' satisfy you Of the correctness Of my in
,sTPteia ion OF them.
arho Exposition. Ibid. Ibid dtbm. sbd. r1bd
(T, be continued