Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-10-02

NJ
confer on the Supreme Court, power, which would
work thorough aud radical change in our system; and
which power was positively refused by the Convention.
The opinon, that the General Government has the |
tight to enforce its construction OF its powers against
State ia amy mode whatever, is, in truth, founded
fundamental niSconcepion OF system. AT the bot
tom o th and in fact, almost every other misconcep-
ton, the relation between the States and the Gene
raj Government, turks the radical error that the latter is
national, aud not as In reality il is conlederated Co
Vcrnmeni; and that il derives its power from higher
source than the States There are thousands, Influenced
by these Impressions wbCut being conscious il, and
who, while they believe themselves to be opposed
sodaon have infused into their conception of our Con
Siiuiion, auos, all the Ingredients which enter into that
form OF Government. The striking difference between
the present Government and that under the confete
ration a speak of governments, distinct from consi-
tuoh has mainly contributed 10 this dangerous impress
sion. But, however dssmilar their Governments the
present Constitution is far removed from consoiida-
non and IS as Justly, and as purely confederation, as
the one tChieii a SupeSedes.
Like the Old Confederation, it formed and ratified
by Snto authority. The only difference this particu
lar is, that ratified by the people of the States
Tie other by the State one forming more
strictly Union OF the State Governments the o1hcr or
the states themselves; Que, OF the agents exercising the
powers oil Sovereignty aud hc other of the Sovereigts
themselves; but both Unions of Political bodies as
usunct from Union OF the people Individually They
are indeed both cottdeTGOnS; but the present in high
er and purcr sense than that which succeeded lust as
me act oil sovereign is higher and more perfect than that
VI nus agent and 1t was doubtless, ia reference TO this
difference, that the preamble OF the Constitution, and the
S"eSs OI Tie Convention, lay ing the Constitution before
CoSgtesS, speak OF consolidating aud citing the Union
Yet this difference, which, while ii elevated The General
government in relation the State Governments placed
IL more immediately in the relation the creature ami
agent OF the States themselves by natural uiscoucep-
uo has been the principal cause OF the impression so pre-
valcnt, OF the nieoriy the States TO the General GO
Verhmen and OF the consequent right of the latter TO CO.
cree The former Raised from below the State Govern
mems was conceived 10 be placed above the States
themselves
have now trust, concusivey shown that State has
rS" IN her sovereign capacity in Convention to de-
care an unconstitutional act of Congress he null and
void and that such declarations would be OBLIGATORY ON hcr
culens, as highly the Constitution it. Ell and con
cG'Ve against the General Government switch would
''e no Fisnt 10 enforce Its construction OF its powers
! against that Of the State.
next propose TO consider the practical effect of the ex
ccse Oh his nigh and important right, ic the great
conservative principle of system is known under the
various names OF nufcaton, nterposilion aud State
'eto In reference TO lis operation viewed under
aspects nullilcaon anullng an Unconstitutional act
OF The General Government as the State is concern
ed; hierposon throwing the shield of proeciion he
tween The citizens OF State and the encroachmen of The
government; and Veto, arresting, OF iuhibng its I'm.
authorised acts within the limits of The State.
me practical elect, could the right be considered ms
one Ily recognised, would be plain and simple, and has
already IN great measure been anticipated II the state
mas right, there must OF necessity be corresponding
oogauon on the part OF the General Government 10 ac9
lesce ia It's exercise; and OF course it would be its u
power at least far the is concern
81 "n" 10 Apply TO the States themselves according TO the
form pcscrbedi in the Constitutions 10 obtain it by iran,
IL granted, acquescence then would be duty on the
part OF me S'a'c and, in that event, the contest would
terminate IN converting doubtful constructive
ono positively granted; but, should il not be granted no
alternative would remain for the General M
us permanent abandonment In either event the con-
ToVersy would be closed, and the Constitution Ned. rn
suit of the importance TO the steady I
Governments and the stability Of the system and which
can never be attained, under its present operaion viii
OUT Ile recognition oil The right experience has shewn
FROM the adoption Of the Constitutions we have AL Inn,
one continued agitation of constitutional questions on,
6rIring some OF the important powers exercised by
INC Governments and yet in spite of all the ability and
i1I '"'sn' "iSPiayed In the various discussions
backed by the high authority claimed for hc S,Inro
ouI,' 70 ADJUST such cono' erses, single consttu-
loh"i question, oil political character, which has ever
been asiaied, during this long period has been settled in
me Puoc opinion except that of the unconsutionality of
he Amen and Sedon law; and what remarkable tkai
was settled against The decision Of The SilDreuc co,,
lie tendency is TO increase, and diminish this conflict
Tor power. New questions are yearly added ,yi,y''i III
n'inshng the old, willie the contest becomes np M
snnaie as ihe list increases aud, what is hphIv onous
oT socuTHa'. ~ - n'Possible, that Government
can last under tiis Increasing diversity of oninon am,
growing uncertainty, power in relation 70 tIe
most important subjects OF Legislation; and equally so Thai
ms dangerous state can terminate without power some
where 10 compel in effect the Government 10 abou,Ion
'ounuui constructive powers, convert then, into
POSITIVE grants, by an amendment of the Constitution. i'm
WIZ 70 substitute the positive grants of the parties them
selves, Tor the constructive powers incrpoiacJ bv d.
u7c''' Noung short oil this in system constructed as
-, WIN uo"Oe set oi agents, one for local and the
o'her Tor general purposes terminate the conflict,
Tor power, or give uniformity aud stability TO its action
ouch would be The practical and happy operation were Inc
TSht recognized; but lie may be far oberwie. @
as The Shi Is not only denied, but violently onnoso M
General Government, so far from sc1,T ~ is
cisc' ana ABANDONING the power it ought NAV enJea
Vor, by all the means within lis command IN cnCo H.,
construction against that OF the State. 1t is under Ibis as
10 Oucilp tl,.l
'ecd' cHect oil the exercise of the right with e view
determine which OF the two, the State or the General
government, must prevail in the conflicts which connoI
me 10 revert TO some OF The grounds already estab he'd
nave already shewn, that the declaration or nui;
"oh would be obligatory the citizens of the State 40
uch 80 IN iIct as MS declaration rauying the Consttu
uOh' resting as u does, the same basis II You'll D.
mem be 'e highest possible evidence and that te nov
contested was not granted, and, of course that the act
OF ue general Government unconstitutional Tho,
"ouu ne bound, III all the relations of life priv,te ,u
polcai' to respect and obey il; and when called nnn
Is cufymch, 10 render their verdict accordingly or as
Judges 10 pronounce Judgment, in conformity to it, The
IE' Jury "ia i secured by the Constitution 0hanks
10 hc Jealous spirit OF liberty doubv secured ana cr,i
hed and, with this inesiInabc right-iuestimnbc NOT
Ony as an essential portion of the Judicial tribunals M
country, but Infinitely so, considered az ponu,r
ana sun more local representations i'm bat
OF ule Government, which without it, would be the far
heSt removed from The control Of the people; and fl
10 sap NE foundation Of the system: with I re-
peat ihs lhesnable right would be irppossibc for M
uchcTaI government within the limits of the STATE IN
execute iegaHy, The act nufied or anv other nscJ
WIN view, TO enforce IL; while on the other I'LL H.
dc would DC able to enforce Iegdiv and DeaceabI IL do
"'"'o VI Nuhca'ioh Sustained by its court and ures
"ou,u cdiny ana quietly, but succcssullv meet every
'he General Government to enorc its claim
ef ne result would be inevitable Before tIc Jdic; M
DuA OF tho country the State must prevail. nlc IT,
ueeu jury 'ia could be euded by the refinement If tho
court or ny some ocrdevice which however gnar,icd fl
a. - ny ne Tamparts OF the Constitution ,vouII Ill
O 'po'sin!e' lie attempt to cludc should il he ,ae
VII user Pe unconstitutional aud, in turn ,yould be an
ny t'o sovereign voice Of the State Nor womb
s'" Vi appeal TO Tie Supreme Court under fine In Il
uCl'ly aci' avail the General Government If ,t !,
against ihe Government; bot whether il mas, lao 49, II
"Ouu De optional with the Stale Tho Co., ~ - II