Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-12-08


en that any act can be passed by either Governments
which IL disputed, must not be referred the Constitution
as the supreme law OF the partiess Fright is Constitution
al or Unconstitutional, as shah bc uud to cOmpOrt with
or TO berepugnant 10 the terms the spirit OF that nsru
ment, There is therefore sovereign or natural
right, which South Carolina can Ia fully exercise in
forniy with her engagements which is stipulated TOR
in the tenth amendment to the Constitution. All such
rights stipulated Tor, must be Constitutional To regard
them Otherwise, would be pcrversion OF terms
That Nullicadoa under our teseIv al rights
earded as constitutional by the Virginia Resolutions o;
.'9o IL clear hSm the exposition V them hy he c"lenra
ted Report, drawn by Mr. Madison. la defending the
third oil these ResOlud ns which the doctrine OF
state mtsrpositOn and protection, he comIpiute say,
nat they have scanned not merely vi s'ric bUt
1oth SereTe eye an they feel confidence
that in its juSt and far constructions is uhc
bly, true i as several positions as well as CONSrITU-
ZION L. and conclusive in its differences" What were
the positions of the hird Resoluon ls That the now
sts orlhe Federal government limited to the plain
sense oil the instrument constituting the compact 2d
mat IN case OF deliberate, papable aud dangerous
fraction oil the compact, the State has the tight inter
pose &c Now what the inference? Its, that they
arc III uu bound to arrest the progress OF the evil by
maintaining within their RESPECTIN f. limits the auiho
n,IeS' rights, and liberties appcainug TO them This
hercnce says the Report, is CONSTITUTIONAL
and conclusive The doctrine was as distinctly az
armed by the Virginia Assembly in their Resolutions
adopting the Report They say, that having fully and
accurately re-examned aud considered these Resou
nous they Iind 1t TO be their indispensable duty TO AD
sEhE TO THE SAME, as founded in truth, as CONSO-
MANI With THE CONSTITUTION and rs CoNDU-
GIVE TO IRIS PREsE WALTON.
We are aware that it has been recently maintained,
resolution, the Virginia Assembly had ausion to the
turai right, and Mr. Madison himself has been brought
owad TO give construction to this Resolution contrary
10 the most obvious import of the For the sake of
argument be II so. Then, the State uerpositon here
spoken OIL be natural right it is right which the Yir
gina Assembly have pronounced "coNsoNANT TO the
constitution, and conducive TO its preservation Or in
oher words, that without the exercise If this natural So
VereiSn right OF interpretations the Constitution be
preserved There Is no incOngruity in this IL is quite
competent foe two monarchs to spulate in treaty for
wa, Ilgn,, winch independent OF the treaty, would be
natural right as 1t power conferred by treaty on
@ oHehs on either Prince, TO capture, adjudge and
scute all subjects OF the other engaged in piracy on the
nEn seas Ii certainly would be proper call
nSn'' conventional right than a natural right, thong
be both Several OF the State Constitutions furnish in
stances oil natural rights, being by constitutional
provision Even in the instrument we are now consider.
S there Is distinct affirmation i'm terms of natural
gh OF soveregny such the sovereign rgh of State
to keep troops aud ships war in certain emergency or
c sovereign right OF State TO lay import and port
ives, Tor the purpose OF executing its inspection laws
IN these cases, natural right is also constitutional gh
contrary TO the definition of those who maintain that no
gnt Is properly constitutional which is sovereign right
because constitutional rights derivatiye rights ex-
ec'sed oy tnnchonares The reasoning would be indeed
strange which would place natural, reserved sovereign
rlgh expressed in terms upon better footing than all
mat mass OF esiduary right included in the general re-
ecfVaton OF the tonth amendment would be TO create
distinction without difference The reserved rights
ough underlined, are easily ascertaned. Any particular
right not found in the enumerated powers of Congress- of
course belongs to the States
me right To nulliiy is universally admitted to be natu-
rat or sovereign right The natural rights the States
4
lNt', Wey must be constitutional, because the coa-t
tu lou being an agreement arrange the mole by which
he states shall exercise their sovereign " expressly
puaies to the exercise OF owers in ali cas- MOI
enumerated 10 some IL may be unlnpoftAnt upon what
oasis we place the right OF protect its czens as
counler-legisdon would be beginning of re,i.snce
IN elmer case others may, perhaps Justly saw that the
whole controversy is resolvabe into dispute as TO what
OF Is not the proper definition OF constitutional right
We however, thnk II OF Infinite importance, in urging
the right OF qualification, regard il as CONSTITUTIONAL
ei man as natural remedy, because constitutional
processing calculated to give that proceeding pacific
ri Ahd higher recommendation with the people
me Characteristic, in fact the American constitutions
"a general u.s. that they lily the undams nta priuci-
l'es oil he American Revolution Whilst other nations
nave To resort TO the law OF by force to drive
hespots from their thrones thus incurrinC what amongst
uem odiously termed the guilt OF rebellion we here have
me incalcula6le advantage OF thorough understanding
amongst all classes, that it is the right, as well as the duty
N "se people, 10 recur when necessary their
reign Fights, TO resist oppression. Such send1 ent as
nus becoming familiar TO The public mnd acquires prod-
Sous strength when s spirit is pervade written
constitution, and prevents Vatber Than accelerates oppor
~es ION a" unnecessary recurrence to revolutionary
movements Under such structure of the public sent
men" ""en me voice OF sovereign Safe shall be spo
N'h II WIZ be heard in tone, which virtuous govern
"rs VIII obey, and yranncal shall dread Nothing
can more reconcile notification our citizens than 10
know that we proceeding according to the forms
al the constitution, nevertheless adherng TO it,.
SP'T't' The convention winch framed the constitution
could not agree upon any mode of settling dispute like
me present The case therefore left unproviled for
;,, hVG,'on' no dOuot, ass admitted by Mr. Ham
h'on IN The Federalist" that il the Federal Govern
'"ch sheuu OpDTess the States, the State Governments
"oh ne ready 10 check it, by virtue of their nhc
rent sovereign powers II may safely be received as
an AXIOM IN O,T political system (says Mr. Hamilton \
hat the STATE Governments toiH in all possible contin-
SehceS afford COMPLETE SECURITY against invasion of
tie public liberty by the national duthOriV Projects
V uSUPdti0n cannot be mashed under pretences so like
~ 10 escape the penetration OF select bodies of
me people at large he LEGIsLATUREs will have bet
ter means of information can discover the danger
i" distance ; and, possessing all the organs of CIVIL
POWER, and the confidence OF the people, they at once
auOpt a REGULAR PLAN OF OPPOSITION, in which thew
can combine all The resources Of tie c0nlHnify."
mat measure cannot be revolutionary, which is sdopt-
co. not WIN view 10 to iorce but by some deci-
slve measures to call the attention the Estates 10
disputed question in such form, compel them TO de-
cue "ha are or are not rights OF the States in OF
Papabc aud dangerous infracon OF those Fundamental
principles OF liberty in which they al have an interest
IN Tue exercise OF the right of notification. we are not
uhmhdu oil the many objections which have been urged
against IT. hat may embarrass the present majority i'm
ongress, who are fatally bent upon building up the sec
onal interests OF their constituents upon the ruin of our
commerce, we can readily imagine; but eubarrass.
menus on examination, will be found proceed rather
from an unwingness their part adjust the contro-
Nersy on principles OF Justice than from any
ie' diihcuy existing in the Constitutions provisions
OF the constitution ample Tor taking the OF the
states on question: more important than any which has
occurred since The formation Of the Governncnt-But il
me SPIRIT OF justice depIr ON the councils TO which we
nave right 10 look UP he guardians OF the public III
perry ana he public peace pro- isions Of human wis
Dom can avdiI-We have heard much OF he danger OF
suffering one State to impede the operations Of twenty.
ree States but Il must be obvious every considerable
man, that the danger only exist here State wrong
lbut the people Of any State right in the pin
cples Tor which they contend II is desirable that they
should impede the operations OF Congress until the sen.
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