Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-09-04
TO TIE EDITORS OF THE ENQUIRER
THE VIRGINIA DOCTRINES,

The opinions of Mr.. Madison as TO the spposed analo
gy between the Modification doctrines and those main
tanned in the Virginia Report and Resolutions will appear
from the passages am about TO insert. In his letter tc
the Editor of the Review, he says: ---
In favor of the multiplying claim for the States niyi
appears as you observe, that the proceedings
the Legislature OF Virginia in 9S and go against the alien
and sedlton acts, are much dwet upon"
III may often happen experience proves that erro-
neous constructions not anticipated may not be sufficiently
guarded against in the language used and il due TO the
distinguished individuals who have misconceived the in
enon oil those proceedings, TO suppose that the meaning
oil the Legislature, though well comprehended at the time
may not now be obvious to those unacquained with the
contemporary indications and Impressions"
But it's believed that by keeping in view the distinc.
lion between the government of the States and the States
IN the sense in which they parties to the Cons,-
ton between the rights OF the parties i'm their
and in their individual capacities between the several
modes and objects OF interposon against the abuses nj
power, and ESPECIALLY between interpretations within the
purview OF the Constitution, and interpretations appealing
from the Constitution TO the rights of nature paramount 10
all Constitutions with attention always OF explanatory
USE TO the views and arguments which combated;
the resolutions oil Virginia, as indicated in the report on
hem will be found entitled an exposition shelving a
consistency IN their parts and Inconsistency of the
whole with the doctrine under consideration.
"Ihat the Legislature could not have intended 10 sane.
ton such doctrine, is 10 be inferred from the Debates in
the House OF Delegates and from the Address of the two
Houses TO their constituents the subject Of the esou
tons The tenor Of the debates, which ably conduct
ed, and understood to have been revised for the nrcs
by most If not all OF the speakers discoses no reference
Whatever TO constitutional right of individual State o
arrest by force the operation of law of the United States
Concert among the States for redress against the alien
sedon laws as acts OF usurped power leading SEN
ument; and the attainment OF concert, the immediate
object OF the course by the Legislature which was at
OF inviting the other States concur i'm DECLARING Tho
acts to be unconstitutional and TO cooperate by the ne
cessary ana proper measures in maintaining uninpdrcd
the authorities and rights TO the States respqc
lively and TO the people" That by the necessary and
proper measures 10 be concurrently and
ken, were meant measures known the Constitution par
uculaFy the ordinary control Of the people and the Ier
laues OF the States the Government OF The United
States, cannot be doubted and the nterposlion of This
coniro the event Showed was equal TO the occasion
sit is worthy OF remark, and explanatory of the inten
uons oil the Legislature, that the words no law but Mt
terly null, VOID and OF no force effect" which had fol-
lowed in of the Resolutions the word "uDconstiiu
uona were struck out by common consen--Though the
words in part but SYNONYMOUS with "unconsdfnion
a'-yet, to guard against misunderstanding of this
phrase as more than dcclaatory OF opinion the word
constitutional" alone retained as not liable to that
danger"
In addition TO the above passages will inser, in ,I;s
Number, extract from Letter from Mr. Madison writ
ten on the Sh Of May, 1880, TO gentleman OF another
State, the subject under discussion II ,vilI he
found, that In the compass of few sentences with great
force Of intellect, and that logical pre- cison for which HE
writings are remarkable, he has condensed the ac-
curae and profound views Of tho nature of this null
flying doctrine. The Extract is as follows;
You have succeeded better in your Interpretation of
" the Virginia proceedings in '9S9o, than those who
" have seen IN them coincidence with the Dullifving
doctrines called The doctrine is as new 10 me as Il
was 10 YOU derives no support from the best coteupora.
ry calculations OF those proceedings the Debates on the
resolutions the Address Of the Legislature to its consli-
uens, and the scope Of tic objections made by the Ie-
gisaures OF other States, whose concurrence In the re-
" solutions invited and refused"
This in the late comment on the Virginia pro.
" ceedngs, has arisen from failure distinguish between
what is decaratory Of opinion, and what is pso fnco
eXecuory; between the rights Of the parties and sin.
gle party and between resorts within the pufyiew of
" The Constitution and the ultima ratio which appeals
from Constitution cancelled by its abuses to original
" right paramount to all Constitutions.
NJ the time the Constitution Of the United States was
formed, there general conviction Of the inefcacy
and insulciency Of the Confederation 10 conduct the at
ars OF country Of such extent, and Of such diversified
interests The objects and motives for the adoption OF the
present Constitution are explained in the preamble to H.
hst preamble according TO the principles Of construction
applicable to Laws and Constitutions, indeed 10 all writ.
ten Instruments, and emphatcaly 70 government Of
limited and specified powers cannot be construed 10 ex.
tend The specific grants Of power, and contains in itself
Qhopgh the opposite opinion has been most enormously