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

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raj Government aud still less TO the Supreme Court OF
the nted States, the creature Of Government which
Itself rs creature Of the States, right which enters in
to the of all sovereignty, and without which il
would become bauble and name.
s fortunate Tor the view we have just taken that the
history oil the Constitution the Journals
oil the Convention which framed that instrument places
the right contended for upon the sure foundation
These journals furnish abundant proof that emo line OF
jurisdiction between the States and Federal Government
IN doubttucases, could be agreed on TWAS conceded b
Mr. Madison and Mr. Randolph, the most prominent adj
Voca'es Tor aSupreme Government that il impossible
to draw this line, because tribunal sufficiently impartial
as they conceived could be found there was
alternative, but 10 make the Federal Government SUI
prone 10y giving It, in all such negative the
acts OF the State Legislatures The pertnacity with
winch this negative power was insisted by the advo~
cafes oil national Government after all the npor-
tont provisions OF the Judiciary third article of the
constitution were arranged and agreed proves beyond
Doubt that the Supreme Court ne v
either party in that Convention ms an ater to decide
conflicting claims of sovereignty between the States and
1gtess; anu The repeated rejection of all proposals
aNe rom the states, the power Of placing their
structon upon the articles Union eyinces that the
were resolved never to Partwh the right tojudge
were not, an Infringement of those articles
correspondent with the right OF Sovereign State 10,
uuge OF the niraciions of the Federal Compact tho
uuy Oh ls convention to declare the extent of the grew
ahce, and the mode and measure of redress On both
hese points, public opinion has already anticipated us i'm
much that we could urge II is doubted whether i'm any
country, any subject has undergone before the people
more thorough examination than the consulionstv OF
the several acts OF Congress for the protection d Dos
NC ahuactures Independent of the present embarrass
mens they throw into the way of our commerce and the
pam indications, that certain articles which are the natu
exchange for our valuable staple products are sooner
later 10 be virtually Observation-Disclosures of the di-
mnuuon which these impost duties cause in our incomes
anu e severity OF the Tax upon ALI articles of consump
on needed by the poor they recognize principle, not
less at war with the ends for which great conederacv
formed than is with that spirit of Justice and those
tseengs oil concord which ought to prevail amongst
STATES united by many interests and exalted
uiuinPhs The people surely need be told in this
advanced period intellect and of that no
rl0h ly
me encouragement OF one branch of industry at the ex-
Pese OF all Others unless such tax be justified by
great and unavoidable public necessity. Still less can the
people believe that in coniederacy States DESIGNED
Principally as an alliance offensive defensive its au-
hors could ever have contemplated that the federal head
regulate the domestic industry of widely extend
ed country; distinguished above all Others for the diversity
OF interests, pursuits and in various sections
was inns acknowledged diversity, that caused the ar
angement oil conoin and separate exercise OF the sove
au'nority the one TO regulate external concerns
and the other 10 have absolute control saver the lives
oertes aud properties people and the order
Improvement, and prosperity ofthe States"
Jus the striking characteristic in the operation Of sim
Pc ana consolidated government that protects Manu-
iactues, Agriculture, any other branch OF the public
!auustry-hst IL can establish corporations, or make.
ROADS and Canals, aud paronize learning and the arts
oul would De dihiea TO shew, that such the go
vernment, which The sages oil tie Convention designed
LOT me states All these powers proposed to be
gwen 10 Congress, and they proposed by that party
IN ne Convention who desired firm National GoreyJ-
,nenf The Convention having deci ed on the federal
TORN, in exclusion o the national all these propositons
Congress who can bold power by express grant
as ly IN the exercise OF these powers as il they were
part and parcel oil their delegated authority Under pre-
tence oil regulating ece they would virtually pro-
hlbt H. Were this regulation OF Commerce resorted to-
As means OF coercng foreign nations lair recipTo-
Guy IN melr intercourse with or Tor oder bona
nae commercial purpose, has been Justly said bv our
Legislature the Tariff acts would be Constitutional But
none OF these acts have been passed couDtervang or
TetddtoTy measures, for restrictions placed on our com
merce by foreign nations. Whilst other nations seem dis
posed 10 relax in their restraints upon trade our
I'M nnff
Giles OF merchandise which cxchangeabe for the pro-
ducts oil Southern labor thus causing the PRINCIPAL bur
men OF taxation to ia upon this portion Of the Union and
by dcpnvng Of accustomed Markets to mpoverish
our whole Southern country In the same manner and
under me Pretence OF promoting the Internal Improve
meht OF me States and for other equally unusable and
unconstitutional purposes, Congress the constant habit
OF violating those fundamental principles of the Consttu
tom on which alone the prosperity of the States
and the durability of the Union
1t IS vain to Imagine that with people who have strig-
g'ed er freedom and know its neslmabe value that such
state o affairs can be endured longer than there is well
nope that reason and Justice will their
empire IN the common council of the confedcracy That
nope having expired with the last session Congress by
e present arm Act, distinctly and fully recognizing
me permanent policy OF the country the odious principle
OF protection 1t occurs 10 that there but course
Tor the State to pursue. That course fe How czens in
BEsIsrANCE. Not JLysicdL. but MORAL resistance
not resistance in an angry, rated feeling, but resist
ance oy such counior-leglslaon which whilst it shall
eVice 10 me world that our measures bulk upon the
necessity OF rendering 10 Congress aucahle issue to
uy adoubiiul question, between friends and neigbors
az VIZ same uOe secure Tie OF
rights ana privileges. II matters not, fellow citizens bv
what name this countcr-legisaon shall be designated
can IT Nulhhcaion, State ntcrposition, State veto or bv
Whatever Oer name please still, If IL be but resist
dhce 10 an oppressive measure, IT the which duty
PATRIOTISM and sell-prcseryaon prescbes. " we arc
asked upon what ground we place tc right resist a
particular law OF Congress, and yet regard ourselves
as consistent mepber Of the Union, we answer
the ground OF the coMPAcT. We do not not choose
IN case OF this kind, TO recur to what are called
our natural rights, or he right Of revolution. " claim
10 huIy by more imposing lille. We claim il as a CON
sTIIUrIONAL right, NOT meaning some have imapin-
ed mat we derpe the right from the Constitution for de-
rVauVe rights can only belong 10 tie Jcti0ndres of tho
high contracting parties the Constitution but e clam,
TO exercise II Of the PARTIES TO the coupact and
as consistent with its letter its genius and its spirit il he
ing distinctly understood the Of rahCVino the Cou
uuo bdt the exercise OF MI not agreed
10 be had conformity, 10 be exered separately by the
states Thought IT he true ha the provision in favor OF
"Hd we call the reserved rights Ot the States was not
necessary TO secure to the States such reserved ps yt
the mere circumstance OF lis insertion IN the Instrument
makes as clear Constitutional provision AZ that Of lie
power Of Congress 10 raise armies declare var Apv
exercise OF right in conformity with constitutional pro
vision, we conceive 10 be constitutional right whether
~ be founded ON an express grant OF the right or IL be in
Guided ~ general reservation Of underlined povcrs-
The Constitution being the supreme law and instrument
~ when distribution Of powers is made between the
Federal Government and the States, incumbent on
the authorities OF each Government shape their H.
CESSATION az not 10 OYersiep the boundaries assigned To-
them. No act therefore be done by either (;ovetn
nent which for its DnIdify be rele red 10 ,uv other
test, than the STANDARD or TIE CoNsrtrurtoN n
State Government passes an act, defining add Furnishing
burglary law nbolislng the righsof epte
IL is correct 10 say, that she ia the exercise of her
Constitutional than Of her natural rights because il h
express Constitutional prov On that she should ever