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

v.
relation being the between them That such would
he the case between agent and principal in the ordinary
transactions OF me- no one viii doubt, will ii be posi-
bic to assign reason, why II IS not as applicable to the
OF government to that of ind idias The pnnc.
pie IN TACT springs from the relation itself and is GEpcG
ole To Il h al ats forms and characters tnay however
he proper to notice distinction between the Of SIN
sic principal aud his agent and that several principals
anu helr Join agent which might Otherwise
confusion. In both eases betweeH the agent and a
principal the construction OF the prncipa> whether he he
single principal o. ol several J. equally conclusive
but, in the latter bch the principal the
bear relation to the Other principals, Which must he
taken into the estimate. la order io unl.r,nd mi
ly all the results, which may grow out of the CON
test Tor power between them. Tioug, the co,>irnc-
ton of the principal il conclusive against Tie it nreu,
rs between them such is the between him aud
his associates They boil; have an cuual RIGHT of con.
s,ruction, and it would be the duty of The agent 10 bring
the subject before the principal, he adjusted according
to the terms OF the instrument Of association, the
principal to submit 10 such adjustment. la such cases
the contract sclts the law, which the
lauve rights aud powers OF the parties it, The General
Government is of joint agcncy-te joint agent OF
the twenty four sovereign states II would be its duty
according TO the principles established, in such cases.
stead OF attempting To enforce its constructions it's pow
ers against that OF The States, TO bring the subject before
ne states themselves IN the only form, which according
TO The provision OF the Constitution it be, by propo
@uon TO amend Ia the prescribed in the insr-
,nen 10 oe acted on by them in the only mode they can
ny expressly granting, Withholding the contested pow
E against A,S conclusion there can be raised but
ogcchoh mat ic States have suiendcred transferred
the hight in question. II such be fact there QUE Int TO
he no aieul'y IN establishing it. The grant the pow
ers delegated contained in written instrument drawn
up WIN great and adopted with the utmost delibera
ton II provides, hat the powers granted are
reserved To the States aId the peoplc. III be sur
rendered, or transferred let then the grant be shewn
and the controversy eminatcd and surely ought to he
shown, plainly and clearly srwn before the States are
asked TO admit what if true would not only ivest them
OF right which under all its FORMS belongs TO the prin
cipdi his agent unless s,lrrelrrcI hui ,Iic 1,r
be sgrrendcred without in effect and for all practical pur
poscs reversing the relation between them; putting the
agent in the place the principal ami the TinciSal in
that OF the agent; and which would degrade the States
from the high and sovereign condition which thew have
ever held under every form of their existence to be
natA.t ant
stead OF shelving any such grant provision Gun be
found IN the Constitution authorizing The General Go
comment TO exercise any control tChdtcuer orer a
STATE by force, by veto by judicial process or any other
.ornLa most 'mportGnt omission, intended and not
accidental; and Will he shcwn in the course of these
dom. ~ VIZ
The journal and proceedings of the Convention which
lorned me Constitution, afford abundant proof that there
was in the body powerful party, distinguished for talents
ana ihhicnce intent on Obtaining for the General Co
ncrHeh grant OF The very power in question, that
they attempted to effect this object in all rosbIn we
p fortunately without success The first project of Con-
sunuon submitted TO the Convention Gov Raudolu'.\
embraced proposition TO grant power, 'o negative ali
laws contrary in The opinion Of the National Legislature
70 ne arues oil the Unon any treaty subsstng un.
der the authority of the Union; aud TO cali forth e force
Of me Union ag inst any member OF the Union FILLING TO
luiil It's duty under the articles thereof" Tho ccouJ
PROJECT submitted (Cbares Pnckncy'S) contained A SINH
Tar proposition II proposed, that the Legislature ofthe
u. States should have The power 10 revise H.. 80, - ~
several States that may be supposed TO infringe Tho moo.
ers exclusively delegated by this 10 CONGRESS
and to negative and annul such az do ria nx, $50
submitted by Mr. Paterson Of New Jersey which proy-
hed, III any State, or body OF ia any State shs on
pose or prevent he carrying into execution such acts or
treaties Got the UniO) ''te federal executive Shall, h,
authorized loculi forth the powers of the couCcjc,,sJ
states or so much thereof shall necessary to en-
Sce or compel the obedience TO such observance
Of such treaties" Gen. IIamlion's next succeeded
which provided, that cali laws ofte particular STATES con-
iaTy to the Constitutions laNs of the States to be Ut
~; dl" ''c Deter 10 prevent such laws being pas
sei the Governor or President of each State shall be ap-
ny 'hc 'eheFaI 10y ernmeni; and shall have a
g1ve on the laws about 10 be passed in the State Of
which he is Governor President"
At uoIequenipenod, proposition moved and re-
ITed 'oa ConinSe TO provide, that the Jurisdiction of
Tic Supreme Court shall extend an cen
ne United States, aud any individual State; and At
all laws passed by the several slres In,erfcrnr 6 ill.,
opinion OF the Legislatures with the general harmony and
interest OF the Union, provided, that xo-thirls Of Ihe
members, OF each house the same which aCcr
an eiiectual attempt to commit was Withdrawn.
40 not dcenit necessary 10 through The Journals
OF the Convention the fate OF these various popo,ios II
Is sufficient, that they moved, and failed TO proye
conclusvely in manner ever TO be obleratod t,t H.
Convention, which framed The Constitutions was onpose1 %
granting the power TO the General Goycrnuentjn nny form
through any of its departments: Ieoisln "y 10 VI,
judicial 10 control State though prapoeI in All
conceivable modes, and sustained by the most talented and
influential members OF the body This, would suppose
ought TO settle forever the question Of the surrender mr.
transfer OF the power, under considerations; and such in
TACT would be the the opinion of large poron
OF me community not bnsse in fact it s by interest
~ ,J - "Ne "Fec' interest In charging the power
oil le Government, and the interested adhere 10 mower
with perinacity which bids defiance TO truth touSI
sustained ny evidence AZ conclusive, mathcnaic de-
nonsra'Ion; and accordingly the advocates of the pocr
VI ue OeHeIl government, Notwithstanding iunrco
haoIe strength oil the proof the contrary have boldly
Claimed on construction power, the grant of which was
30 perseveringly sought, and so sternIv resisted M M
ConNchuon ihey rest The claim the provisions in
the constitutions which declare, chat this Constitution
ana the laws made IN pursuance thereof shall be te sri
PFeme law OF the land and That 'the iudiri Al povc ~
extend TO all cases IN law aud equity arising under i
Constitution, the laws of the United States and ,rc,
ues made, or which shall be made, under uIcr auilori
ty." N" "''''o''
do not propose to go into minute examination Of these
PROVISIONS Ihey have been frequently and so ably i'm
vesugaed ana 1t has been clearly shewn that 1hev
90 not warrant The assumption of the power cI1seJ for
tne government that DO not deem il necessary shall
therefore, conhne myself TO a few detached remarks
nave already stated, hat distinct proposition ,v,s
made to confer the very power i'm controvcrsv on ,b
pTeme Court which failed; which, itself OUGHT TO over
rule the assumption of the power by construction nIes
sustained by The most conclusive argumens but when
IS ADDED, That This proposition moved (2On, AugusO
subsequent TO the period Of adopting The provisions above
cHeu Vesung the court with its present powers Cst
Juy) ana mat, an effort made, at Il sill later nerioI
&z3d AugusO TO invest Congress with a negative ON all
state laws which, IN It's opinion, might interfere with the
ScuS'ai interest ana harmony Of the Uhion tie areunent
W" seem 700 conclusive against the powers Of the court
70 1c oVeFTulch by construction, however strong
RAISING by however, this, and aso the objection ta,
the terms cases ~ lar and eqt6fy are technical en
lug only questions between parties annenable TO h- nr
cess OF The court and, Of course, excluding questions be-
tween the States and the General Government; an ar,,
hcht winch has never been answered; there remains am
O'her objection perfectly conclusive.
The construction, which would confer on the Sppremc
Cou We power in question, rests On the ground dat The
constitution has conferred that tribunal the bgb and
iHPoIt1I Ilght Oi deciding cOusffyfjo,oIy, oCl