Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-10-09

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would be acquitted, far this learned Jlpe sbonI in
nuence the fiat of the high tribunal ON ,ylirb L ,s
but II might happen that the heated passions of yerv
Virtuous and honest community should i'm ~, ,,,,, 49,
not be satisfied with the results OF III. delitcr,,e IN
o. he trainers oil our government we now enjoy /,
snouS t'nN 'hat more rigorous laws of reagon would
be more wholesome excitement 10 The na,,;o,; J 49,
county ana should make that treason of hich the ac-
chseu person already mentioned had been ncot,,e no,
"e hedr oil hs ouioble minister Of Justice woud Hood
he would nevertheless be Obliged on the same circ,
stances, should before him TO doom Tho ac
cused 10 an ignoUinious death. There is In an ~ H.
ever, no difference but that which exists bevoc, CON
s'ructon aud amendment. Their objects am, ,,oir ,,
regarded, tie poles OF The earth not wider apat In
der the powers OF the Constitutions rs they now st.r r
the judicial Gc onaries of no Ti " !, 10" S'nu' II
20 constitutional, the tariff laws will continue 10 be cxc
cuted Ss they have hitherto been, until am a,npnlne
sha DC considered aud agreed upon if any such sh, o
tcVSPn'hed, or unl some political Arrangement between
ne States and tho Union shall settle the Question. u,
ia the mean time, they be repealed or modified or mil
e grave movement OF deliberate sovereign act of tla
aggieyed States shall unite them i'm saving TO tle oY
sor nus lar shalt thou and farther 'But ,nfcr
GTi, S - "IscOSsey' ne action OF our great Federal
'on Il peace and ah, and power and liberty TOO iii bc
dulE administered, may be Instantly BROUGHT 10 n na,s,
,ouGn us whole extent; for the paralyiic nent
!'en Wol'd DC able TO maintain afterwards would not
deserve the uaIne Of Government According IN ris -
cent ana unhappy discovery, any one State Under mn
hShIaFy eouluon aud excitement hich il shall w sroi
~ afterwards repent, may suspend or obler,c ts o,
OIL ,he General Government aud still cling 10 the Union.
and do this too often as il please and IN o. H. u
OF The States may have disairmed the act for tber E ~
oarneT to this Hcentious power any more aer dian bec
this tribunal shall have decided M tI t etCI'
vernment OF which Constitutions arc fun and of b
praise OF which the world is FULL have no place in Tho NH
osophy OF the advocates OF Modification Let The reader
De pleased TO remember that are bv no n,ons con,e
VehhS me power OF State when acts upon lis snvo
reign rights IN V sovereign Character but are 10
she" how different it's from the object and effects of M
10 amen" winch IS contained in the 9th Article Of
ms Constitution OF the United States. and itcio,ll,
oS We enormous extent and absurliiy Of he doctrine
CONSTITUTIONAL tribunal OF construction Tie exercise
oil the sovereign authority of tho States is natural and bo
m"g'neus' wiz be generally deliberate probably safe and
peaceful, and almost certainly enectla But quite df
lereh Il that mougrel power, called in this State NDEG
cation winch 1t - proposed to compound Of sovereign
power and power subordinate to another soverein h,
which we cannot imagine incongruous elements
But all this doctrine of Constitutional NuiGo,o q,
iouHded on The dangerous and repT0bacd principle ~
implications Would it have been believed y Jer,rsor
S"d the school OF 1913 that this doctrine cool ever have
Dcen published by the lips Of the advocates of eenu and
states Rights For the last forty years the olyocaros c
honest and fair government have been donouncng tie con-
sFucton OF implication as its dangerous enemy, as he
sea, Tu e'u ehs'ne OF usurp"ion yet has boldly
taken ITS seat IN the high places advocates of States
% 10 contend III The cause Of free government is
no oT'e ah 10 ADOPT tie Old reprohaed jesuical max
i'm that good ends may be obtaiued by crinaa means Nor
Il ITS policy ANY better au its morality This dsnroIoIs
weapon mas TWO edges Ii construction can be pat rpon
Tia Constitution by implication under which thrce G,
2ehs there an ED 81 he du6ston 0o s?ass ySigi
regards the Southern Stses We lie mercy OF those
whose tender merces feel. prv Il 70 luor-
row and there will be found three -lour,bs of the
Stltes against you; and if there be not nothing can
be so easy TO produce that Of fact majority
can admit at pleasure, Stale States into the UuOn
There IS undoubtedly large rlcal majority against
yon' and that majority eau, at pleasure create con
sutuuonai majority ny admitting other States into the
Union. But it may be said they dare not do tIs
Why noH They will take then time their own oc-
caslOns and their agents They VIII even make nro
tesscd advocates OF Staos Rights, their agents Those
who address you honest, pauioiic Ineo urged
by sinister interest or inhibition: But ohcrs ,,,
sumo heir gusc with appearances quite as fair and mo-
lives the foul. Would this be a now t,ino in tho
history OF human affairs? Give power aud te doc
trne Of implications; and we profQale enorgh TO
WAR against them, though all the institutions of God and
man should he nrrposed, would failure in
the most unhoiy Object The South is the weak geogra
phical portion OF tile COnlederacy should resist tho
doctrine OF implication with its utmost nigh and daiing
and perseverance, What is tie Of the prescit
mighty turmoil! The doctrine OF implication aouc Con-
gress has the Powerto impose duties imports lor the
purpose OF raising revenue, aud That power by impca
"on' IL converted into power to protect manufactures
Where, then, has this doctrine Of Modification ga local
habhaton! We answer, though il may have no resting
place, has yet grounds of controversy nto With 49,.
must follow it. It's said that there ought la al poycr
mcnIs to be check upon power md conservative prin
ciple We admit it, and 10 institutions which the wit of
State and Federal Governments We should not be tole
rated were 10 go inodcta to prove This Its enough
to show that that which is proposed check upon pow
er would be "anon abuse oil power Tia, what is call
ed conservative principle, is principle OF anarchy That
what IL called an inherent power gross Interpolation
oil INC Constitution, introduced by implication, the
dangerous instrument OF usurpadon. But may be per-
mied TO say, that in Tie which now cxcites our
complaints and fears tho best only check known TO
history which The nature of sovereignty will tolerate
exists under our Institutions and may be employed al our
pleasure; and ought to be employ Cd az soon ns Gc nIo
been employed before this dime had proper empire not
been assumed by the ohiruson and Of Consiu-
uonal Modification. That check il State Sovereignty.
We venture TO the position, that there ueh TO 10
no other The Constitution Of the Union believed to
have been the work 81 body OF wise as ths or
any other country exhibited. That body of men
though repeatedly and soomnly urged establish Tie sub
ilo conrvancc Of an inherent conservative principle re-
fused 10 do so; and put the system OF tie Sate and tho
Union with full view Of The whole subject from their
hands, with other check, with reference their rec-
procal sovereign rights than that of their reciprocal
sovereign power; and with other conservative priu.
ciplc Of the same rights than that Same power. They
behed them, statesmen ought have done As nations
and soveeigns who could only and who would submit
only TO sovereign modes Of action. The slight departure
fon this principle that attempted even in reference
to The right OF properyhc subsection OF States TO civil
sUtsW"s found 10 be impracicdhe and speedily given
uP, We see enough in the experience OF own times
20 satisfy Of the wisdom Of establishing any cons-
iutOnal tribunal OF control the States and Federal
Government in reference 10 sovereign powcts; and 10
make rejoice that there Is none Such tribunal must
have lad form prescbcd or IFS operation which would
have constantly put i within the reach ambition and
faction. u would have been tho ready weapon OF every
iemIgogue, Of every ambitions whose hopes might
view ladder to succcss Whose dtsappoutmcns
should recommend anarchy drug Which might
found by W cXCifcmenthis particular anguish uthe public
distress. Tho process and prevalence OF b power would
have furnished daily aImonf end excitement, under cycty
unea .incss To- Tie public ds'cmpcroturc Like te lii
eos sor who wastes bis subsdncc pursuit of doubt.
ul rights we ahouI have morEagrd tc Zee simple of
suhsanfll hhcry jon eudeavors TO- establish our claim
TO dDubfIl ani pcucone possibilities Tho grea, object