Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-09-04


carrying those motives into effect, can, with pro-
prety alone, be had the specific grants OF power them
selves declares that, eve, the People OF the United
states, IN order TO form more perfect union establish
Jusuce ensure domestic tranquility provide for the
mon defence promote the general welfare and the
blessings OF Liberty ourselves and poserity do
dam and establish this Constitution for the United States
oil America" The which was at ono time attempted
TO be made OF the words general welfare by inerpola
ung them into the specific grants OF power has been long
since proved to be unenabe, and the doctrine seems
have iaen into general disrcpute. In the formation OF
the government the great difficulty was to reconcile the
grant OF powers adequate TO the objects which induced ITS
formation, with the preservation OF the State overegntes
and the retaining sufficient guards and securities for the
liberties OF the people. The conviction OF all who
friendly TO institutions purely republican, that the
formation oil one Government for nation so extensive
would be the United States, with their great diversity OF
habits, climates and local Interests if all powers
conceded TO such Government, would be to render it
thereby great consolidated system, which would swa
low up the liberties of the people, by eventually becom-
ing monarchca, il not despotic To guard against this
evil, the pow given TO the Government of the United
States, were exclusively specific. No general grants of
power were bestowed upon it and would have resulted,
as necessary consequence that all powers not ospeci
cay granted and such as were necessary and proper 10
carry those specified grants into effect or which there
was provision IN the instrument) would have been re-
tanned by the States and the people But great solicit
tude was felt as TO this last object and TO make assurance
douby sure was provided in the 10th article TO the
Amendments TO the Constitutions that s'the powers not de-
legaed TO the United States by the Constitution, pro-
hbitcd by il TO the States reserved the States re-
specvely or TO the people" AS further against
there VIII be found in the Constitution and the amend
mens, various restrictive and prohibitory clauses upon
the action OF that Government Amongst these the
provisions IN The hrst article OF the amendments the
Constitution, which declares that Congress shall make
no laws respecting establishment of religion or prohi-
biting the free thereof or abridaing the freedom
speech or The press, or the right OF the people peacea
bly, TO assemble, and TO petition for redress of gevan-
ces. According TO the intention of the trainers OF the
government the Constitution gave specified powers 10 it,
FULLY adequate to the purposes for which it ordained.
In every question which arise the Of these
powers the enquiry ought be, has the power qucs-
ton been given? To answer this, see whether
there is specific grant OF the powcr if can find no
such grant, the merit enquiry is, is the power claimed
necessary ana proper to carry any specified powers
eflecr 10 decide this last question: can resort TO no
powers not Jdriy, honestly and naturally necessary
and proper We have right arrive at such inciden
tai power by forced or laudiuous construction or ref
ned or subtle rea.onng; but confined to the
oil such incidental means of executing specified powers
as men IN the exercise OF good and fair reasoning
will allow TO be necessary and proper Every enlight-
ened friend TO the Consti uton, will support the Govern
mcnt in the exercise OF its constitutional powers and will
oppose the exercise OF such not granted Eve
y American patriot will defend the States and the pcople
against every encroachment the tanned powers The
General Government and the States each moving in
lis appropriate orbit, are essential the efficiency the
harmony, ana The symmetry OF the system. The sup
port OF the General Government in its constitutional a
orueslS essential torendering respectable and pow
erui as hauon ana TO the perpeuation Of the Union
ne preservation OF the rights reserved TO the States and
the people, is Indispensable the endowment of liberty IT,
self These are what understand to be the Virginia
NOpulafiy called state Rights)and the
~ oil this State, from the year l79s, will prove that TO-
these rights Virginia has uniformly and srenuousv con-
tended In her contests for them, she has had various
success sometimes opposed openly and violently by some
OF her sister States; by others her invitations for
ration have been received with codness and disnist
But she has never been discouraged nor wavered in her
course In the instance of the Alien and Sedition Acts
her success triumphant, her frmness blended
with moderation, was conspicuous.
On the subject Of the Tariff her exertions have
been ardent and perseverng and though She has mot
a 1Nyisb
ed minds will allow, that much has been done; deem in
road has been made in that unjust system and she will
never cease, relax her efforts, until that subject sho
be adjusted, on just and satisfactory basis These re-
marks may appear at first sight irrelevant to the
OF me man subject now under discussions il is suppos-
ed, II VIII be lound TO be intimately with liz be-
cause shew what the Virginia DOCTRINES tcere not IL
was important TO explain What they realA
we speak OF the rights Of the States within the scope of
h0se doctrines; when institute comparison betr cen
the remedies which have been used in Virginia or contend
ed Tor by her as appropriate means and the nufvno doc
hes, Is Impossible we can understand any thing as
meant Than those rights, which, the formation of The
CONSTITUTIONS were retained by the States or the people
as contra-dstngued trou the rights conferred bv ha
instrument the General Governments To nrovo ii -
VIII ne suclento state, that advocate for the RIGHTS
the most ardent would with at lcasO admit ,'o in
his eXerhons Tor the defence OF them he was dsuoscd IN
destroy the efficiency of that government or TO rob il oI
he powers actually conferred it, by the Constitution
In confirmation of the proof of this assertion il will Le
lounu' a' All The public acts of the General Assembly
whch we nave considered, go TO support rights claimed
under The true construction of tho Constitution nc suh
sng and valid charter; and that all the remedies SUGGEST
ed are within the scope; and intended not TO DESTROY ut
TO preserve The Constitution. To make these remedies
ecluai, the breach in the Constitution must he ren,r
by me aDandohment or abolition of the unconstitutional act
complained OF, as in the of the Alien and Sciion
Laws but ii the remedy strikes al the Consitut;ou i;
SELL II IL consists IN any which goes TO destroy ar
hWiYy any essential part of it, obstrct the
meh' IA me exercise oil any OF its powers such way
as TO disable II from performing of the mpori,nt mr.
poses, for which it instituted such remedy is revn,
uonary, ami must cvcntuae, if persisted in in the dos
tructon oil the Union. Remedies of this character arc
The very opposite OF those which constitutions fr
the latter TO be elfectual must preserve the Constitution
thc success OF Tie former depends destruction Tho
act complained of may be gotten rid Of but the Const,
ion and Union fall along with it, Mr. Madison has =, oil
explained the striking distinction between the remedies
pursued or JUSTIFIED by Virginia, and that commended for no
the advocates OF Nu!hhcation. The virginia remedy
seeks to preserve the rights of the States bv 49,,
government to the principles OF the Constitution ,rLo
friends OF Nuhcation resort 10 remedy eXta and Mira
CONSTITUTIONAL in lis character and the success of Yic
can alone be consummated by the overthrow of the CON
siuiion The virginia remedies appeal To the principles
o. the Constitution Tor ITS preservation; the advocates for
Nuhcalion, must attempt 10 justify their act as resort
to "thc ultima ratio which appeals from tuion
cancelled by It's abuses to original right paramount To all
Constitutions The very plea which State could rc.
sort TO such remedy is, that the Constitution is cauceed
by IFS abuses; and those who assume this attitude must Inc
to pronounce the Constitution AT an end mr. ,,
they at least have rcnounced heir fealy to That
ny State nation may be justified in appealing TO oryna
rights, and The laws OF self preservation moi denied Bu,
it must he an extreme case il be the last resort and
fearful and awful must be the responsibility of those who
decide that the has occurred TO Justify sch rcs,
Well satisfied should they be- that tlyey can prove n h
worh, that state OF things has occurred which iustffes
the act! such an appeal should he the result of r.
cited feeling, OF passion nilancd either by natural or ar
fetal settlements 1t should only be decided on after