Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-12-28

the Presidents Proclamation from a " Member of
the South Carolina Conventions"
ONE SIDE THE PIcTURr
"Having thus shewn the true principles bv which the
federal constitution ought be construed shall
inquire chat are the means predicate Apply and
Jorce those rules You assert that when any conflict shall
occur between the general and governments as to
me extent OF their respective powers, each party has
right to Judge for itself" confess am at loss 10 know
how such proposition ought TO be treated No Gilman nj
POhcdi heresteS can be imagined, in tchch this might
mno'Jdriy clam me most prominent place II rcsoi-es
me government at once, into The elements of DhvscaI
Jorcei and introduces as directly into scene of dndr
chy and blood There single power delegated TO
The general government, which it would not be in The
power oil every state government TO destroy under the
'horiy OF this licentious principle coud be o,iv ne
ior state Legislature to pass lac (orJidng
that whieh the Federal Legislature eni0ins or e,,join
tchd ne Federal Legislature or6ids and The toork IS
accomplished Perhaps you would require the State
illustrate your principle by few examples.
" Suppose Congress should pass a lar TO 4" lov and
coHecf fares duties, nposts, and ercises, and that
nide Legislature should pass another, declaring The
objects for tchich the revenue ,cds intended ,consff,
tonof and therefore prohibiting the officers Of the re-
merat gooe'nmenf cy seoere penalties from collecting
me tdres, dulles mp0sts and erciSeS" Suppoe Con.
gress should pass law TO " raise army for national
war; aud State Legislature pass another, declaring the
war wicked unri ghteous, and uncons utiona, - and
therefore prohibiting the officers of the general govern
ment' under heavy penalties from recruiting soldiers
wihn me limits OF the State. Suppose Congress should
pass law for the punishment oil countereiing the Sc
curles and current coin Of the w. States" and State
Government should pronounce it UNCONSTITUTIONAL and
MINISTERIAL who should attempt to enforce it, 1 need not
musply cases. for if you will duly consider these YOU
VIII Ind enough 10 satac your keenes relish for anarchy
anu dsorder In all the above cases, yom would saw
each party has right to Judge for itSelf' and of
course 10 enforce It's Judgment POu might, them behoM
a rerenue officer Of the IT, States confined in n Stoto
dungeon, J0r o6eying the revenue IdlCS Of Congress-
You might see gallant officer of the army covered
with the glorious OF many hard fought battle bear
ing the scourge OF state constable whipping post
Tor attempting, under law of Congress- recruit soldiers
10 hgh' me battles OF his country. You might
Federal Judge arraigned before State Tribunal for pro-
houhcng sentence against councrleter of the current
rcoin OF the United Sates And all this would unavoidabv
result in giving the state rulers the right 10 resist the
general government in civil esabshits lepiti
mate authority; consequences either of which is incom
paibe with the very notion of government. To suppose
mat The general government have constitutional gh TO
exercise certain powers, which must operate upon the
people oil The states, and yet that the government of each
state has the right TO fix and determine its own relative
powers and by necessary consequence, to limit the
powers oil the general government is suppose the
istence OF two contradictory and inconsistent rights
In all governments there must be some one supreme
P0DeFj III other words every question that can arise
as to the constitutional extent of the powers of diff.
erent classes OF functionaes, be susceptible of
legal and peaceabe determination by some tribunal of ac
knowedged authority, or force must be The ineuitable
consequences And where force hegins government ends
And 1t is the more astonishing that you have assumed
Posuons involving such tremendous consequences when
we consider that they are in direct opposition the strc
letter OF the Constitution your favote the extent
oil delegated powers 1t is therein provided, "that
constitution and the laws of the United States which shall
be made In pursuance thereof shall be the supreme law
OF the land, and the Judges in erery state shall he bound
thereby, any Thing in the constitution or lars OC nuy
Sfdte TO the contrary Notwithstanding" And again:
the Judicial power o the United Satesl shall extend to
all cases. in law and equity, arising under this constitutions
The laws OF the United States, and treaties or which
shall be made under their authority Nothing can be more
plaln than that the "stTic letter. of the constitution does
make me laws OF Congress supreme, enjomng obedience
upon me sfdfe Junch0ndreS and making void the
state ii contrary thereto And give this provision
sanction OF nature peculiarly impressive, "he members
OF the several state legislatures all erecufipe and id
OUtceTS both oil the United Of
States, shall be bound by oath or affirmation 10 supnort''
the constitution OF the United States ltnot less evident
mat 1t belongs 10 the national judiciary To pronounce up-
on the consnIionality uncOnstutionalitv of the law
oil The national legislature Its jurisdiction extends to call
cases arising under hem and il is hard to conceive how
III any possible case, federal Judge decide case
arising under law, without ponOuncing upon the con
suntioDay OF that law In fact, it Icoud be pain and
de TO make the laws of Congress supreme if the nation
dtJudcidTy had not the poICcr of enforcing them For
you can hardly be ignorant that law dead letter with
OUT an organic eXpound and an instrument to enforce it,
should suppose, therefore, that professional could
hesitate IN saying, that .orcble opposition to the lde
ment OF the Federal Court founded upon an act of Con-
gress by whatever state authority that opposition might
DC authorzed would be the very which the
ton had in view when they made provision for scaling
orih The militia to execute the laws OF the Union" But
sincerely nope that your cenOus doctrines will never
have the effect OF misleading the state authorities so far as TO
renIer This terrible resort unavoidable. trust the fare
well Address of Washington admonishnp his fellow
Zels 10 iown indignantly" upon those who preach up
doctrines tending TO disunion, is yet forgotten"
we can scarcely he mistaken in ascribing them TO
tO Ieu oI MI Mcl)uite. NO more WILLING
than ourselves to pay the tribute due to the abilities
OF that genieman--but in the present instance we
should be reluctant to take him for our politicul
guide. The principles which he now maintains are
singuary contrasted with those which he as enthu-
sIasilcally supported some years ago Few persons
would readily believe that the following series
oil propositions had emanaed from the same celebrat-
ed mind Yet the parallel is real, as is striking
Inc trst side ofthe picture is taken from Mr. Mods
ZONE or THE PEoPLE"-The last from the TeIe-
graph;
The OTHER SIDE OF PrcrURE.
From the u. s. Teiegraph1
And in The first place, utterly deny and dsclair1 on
The part OF the ac OF SOuh arona any design TO re-
sist the laws Of the Uni ed States by force Tie ordinance
oil nuhcaton, upon its very face, the explanatory
documents which accompanied it, explicitly declares that
me STATE intends TO act exclusively fhroph the Dolf
cal and cUh organs Of her sovereign poIOer as STATE
ohe does net ~ end, and has intended TO carry the
lnerpo lion OF her sovereign power extent that
helghDohg STATE, with the cOunenauce and appreciation
OF The President az Is generally under ood Iss carried
the like ineTposition, by tle almost unaniuou, conrur
renee OF all the departments OF her Govetnme
"Ihe State Of Georgia has soemnly lifted the laws
aud treaties OF the United States, dsObeyed the decision OF
HE Supreme Court affirming these laws and treaties and
threatened by her u ed authorities TO resist lie en-
iorcemen OF hat decision by actual force sou Caro-
ms on tile contrary, explicitly Giscaim any Irpose of
resisting The officers Of The Federal Government in en-
forcing the judgments Of the Federal tribunals III the
government can obtain Judgments in Tie Federal courts
me marshal wi be permitted 20 enforce them peacoabl,
NJ 'hd Sou Carolina claims in this respect in virtue Of
her sovereignty is the riahtio enforce tie judgments Of
er courts IN the like peacesble manner ard IL is absolute
" impossible that any c0nficQff0rce can arise beceen
me otdfe ~ y. CGrOiiud and the FedernI GOpeyu,1euf