Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-08-24

maintaining unmpsied, the authorities, rights and ber
ties, reserved TO the States respectively the people
That the Governor be desired TO transmit copy 1r the
foregoing resolutions to the Executive authority each of
the other States, with request that the may
muncated to the Legislature thereof aud that copy be
furnished TO each OF the Senator'S aud rep
resentng this State in the Congress Of the United States
On these resolutions the Report makes the following
commentary:
"The fairness and regularity Of the proceeding here
pursued have not protected against objections, even
rom sources too respectable to be disregarded."
at has been said 10 belong to the Judiciary of the
united States and not TO the State Legislatures ecare
the meaning OF the Federal Constitution
but declaration that proceedings of the Federal Co
veInmen are not warranted by the Constitution,
Ve'ty neither among the citizens, among the Legs-
at1tes oil the States the citizens the Legislature
oil virginia singular in the example of it,
Nor can the declarations of either whether affirming
or denying the consuonaliy Of the measures of the
Federal Government; whether made before or after
Judicial decisions thereon be deemed i'm anv point of
view, an assumption OF the Office of the Judge The de-
caraos IN such eases, expressions OF opinion,
companied with any other effect than what they may pro-
duce on opinion, by exciting reflection The expositons
OF the Judiciary, the other hand carried into ne-
date effect by force. The former may lead To change
IN the legislative expression of the general w possibly
TO change of the opinion OF the Judiciary: the latter
eniorces the general will whilst that opinion and thai will
continue unchanged"
"Ahd II there be no improperly in declaring the un-
cohsututonalty OF proceedings III the Federal Govern
men where be the ilnproprety of commune
he declaration 10 other States and inviting their
renee in like declaraon What is allowable for one
must be allowable for all; and free commune alton
sain'' IS as allowable among the State Governments
among other public bodies, private citizens This con.
sderailon derives weight that be denied to it,
from he relation OF the Slate Legislatures the Fede-
raj Legislature, as the immediate constituents OF its
Branches
1.-The Legislatures of the States have rch, also to orr
ginate amendments the Constitutions by concurrence
oil two-thirds OF the whole number in applications TO
Congress Tor the purpose When new States are 70 be
formed by Junction OF two States or parts of
States the Legislatures of the States concerned are as
wen as congress to concur in the measure. The States
nave Hght also 10 enter into agreements compacis
with the assent of Congress. In all such cases. COM
munlcaton among them, results from the object which is
common to them"
at is lastly, TO be whether the confidence express
sed by the resolution that the necessary and proper ea
ureS would be taken by the other States Tor
with Virginia. in maintaining The rights reserved 10 the
STATES or 10 The people, be in any degree liable TO the OBJ
Jecuons which have been raised against it,"
"li be liable TO objection it be- because either
the object or the means Objectionable
'lhe object being to maintain what the Consitution'has
ordained, is in itself laudabe object"
The means are expressed in the the necessary
and proper measures proper object TO be pursued
by means both necessary and proper"
lo ind an objection, then, il be shewn that some
meaning was annexed to these general terms, which was
not proper; and for this purpose either that the means
used by the General Assembly, example of inn
proper that there were no proper IN which
the terms could REFER
" In the example given by the State of declaring the
Alien and Sedilion Acts 10 be and of com
lnuncang the declaration to the States no trace of
improper means has appeared And the other States had
concurred in making like declarations supported TOO bv
'he numerous applications flowing Immediately from the
people, II can scarcely be doubted those simple means
would have been sufficient, they are nexceptiona
BILE" f
sit no less certain that other means have b
employed, which strictly within the limits of the Con-
stituton The Legislatures OF the States might have
made direct representation to Congress- with view to
OBTAIN aresclndng OF the two offensive acts or they might
nave represented to their respective Senators in Congress-
their wish, that two thirds thereof would propose an ex
planaoTy amendment to the Constitutions; two-thirds
themselves, II such had been their option might by an
application to Congress- have obtained Convention for the
object"
These several means though not equally elioble in
themselves, nor probably, TO the States were all const-
tionay open for consideration And if the General AS
semDiy, alter declaring the two be unconstitutional
inc hist ahd most obvious proceeding the subject did
not undertake TO point the other States choice
among the farther that might become
and proper the will be isconstrtled bv liner
al minds, into any cupable imputaton"
These observations appear 10 form a satisfactory re-
ply, to every objection which is founded on mscon-
cepuoh oil the terms employed i'll the resolutions There
is other, however, which may be of too much imnor
ance not to be added 1t cannot be forgotten that among
the arguments addressed TO those who appreheude la
ger TO liberty from the establishment of the General CO.
vernment great county, the appeal was epha
cay made TO the intermediate existence of the State Go
yernments between the people and that government to
the vigilance with which they would descry the first SWIM
toms oil usurPaton, and TO the promptitde with which
hey would ound the alarm TO the public This argument
was prOoaby not without its eiec and if il was proper
one then, to recommend the establishment of the Consi
tuton it be proper one now oassist i'm lie
tduOn."
The only part of the two concluding resolutions that
remains to be noticed is the repetition in the first of that
warm aecoh 10 Tie Union and its members and of that
scrupuios hdey to the Constitution which have been in
VaabIy Ie by the people OF this State the proceed
lngs were introduced with these sentiments tev could
not be more properly closed than in the same manner
Should there be any far misle, as 10 call i'm o,,es
ton the sincerity Of these professions whatever re-
greet may be excited byr the error, the General As
sembly cannot descend into a discussion of it, Those
who have listened TO the suggestion, can only be left
10 eir own recollection OF the part which this State
has borne in the establishment of our National Ind
he est oca
siluton, and in maintaining under il the authority and
laws OF The Union, without single exception of internal
resistance and commoon. BY recurring TO these facts
they will be able TO convince themselves that the repre
senaives OF The people OF Virginia be above the ne
cesy OF opposing any other shield the attacks ON their
national patriotism, than their consciousness and the
justice OF AN enlightened public who will perceive i'm The
resolutions themselves the strongest evidence of attach
ment both to the Constitution and the Union since il ia
only by maintaining the different governments and de-
parments within their respective limits that the blessings
oil either can DC perpetualed."
The passages quoted from The Report exhibit with such
force and clearness the views Of the Assembly that II
would be Presumptuous in attempt to make more
clear, what are perfectly lucid in themselves
The topics discussed in the Report are of the most mo-
nenous character, and bear directly upon the questions
ch now agtate The southern portion confceracv
enable the candid enquirer after truth decide how
far have been sustained by the Report itself shall for
the present commend il his serious consideration and
shall delay until another time the further proofs which
shall adduce on this subject AGRICOIN
FOR THE ENQUIRER.
To the violence of cabas and factions the downfall NJ H.
merry IN the republics that have gone before u.s. has been
acnoed Hitherto we have had parties in our country
na5 spt upon pncipe-upon the Interpretation Of The