Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-02-14
woe. XA1X.---Nc. 30.

The gentleman from Dnwdde drew distinction be-
tween the resistance to the laws OF the United States by
minority OF the people OF any State aud resistance
by the majority OF the people OF such In the Que
case the laws might be executed by force other
case they should be suspended lie that Ge-
neral Washington right in enforcing the laws against
the whlskey insurgents in Pennsy ivana but he said that
was mere faction, minority the people of Pennsylva-
ma IL sometimes happens that faction obtains the
orlty In State for time The constitutional principle
however is not at all affected by these circumslances
The laws OF the United States must be executed
opposed by majority minority OF the people of any
Sa'e-whether opposed by citizens, acting under the
orty oil their Stale Legislatures Conventions or with
out that authority. And why Because the citizens
would be acting under roid authority, and the Execu-
tive would not be bound TO respect tat authority An
State laws ia conflict with the Constitution aud laws of
the United States rOid But gentlemen contend that
The President should suspend the execution OF the laws
whenever the authority OF State is inerpOsed the cou-
sequence OF this would be- that the President would have
one rule OF action from the General Government, and
tweny'iour different rules from the different State Co
'erhmehts inns would produce general INSTRUMENTATION,
anarchy, and confusion in our whole system.
The President must look to the Constitution and Laws
" ue Cm'eu states alone Tor his rule Of acuOn-thc
Laws of the several States cannot control him legitimate
~ The gentleman from Dnwiddie, in effect maintain
eu 'd Tue Union OF the States only during the plea
sure OF the parties for lie contended each State could
secede whenever she thought she had good cause to do
So lie wished the Union a a rope OF sand-he pre-
terred it, What produced the present Constitution of the
United States. Was ii not the weakness old Con-
iederacy, the neicency of that uachinery3 Ever nm
uer ula system, Mr.. Jefferson conended thns coercion
actual iorce might be used by the Government against
me States IN order to compel obedience acquisitions
wc must be acknowledged by all 10 be much stronger
than the old Confederation, is gravely maintained that
lorce cannot be used against Sine.
The present machinery the Gene,a Government does
not operate upon the States such, directly upon the
people Individually, and il acts alike upon one mr. iii m H.
people OF any State.
The gentleman from Albemarle, (NIr Ciner) claims
the right Tor single State judge the iuiracons of
the Constitution OF the United States by Congress and 10
act upon that judgment This is the very principle OF
Nulhcaton-this is in effect State ueto upon the acts
OF Congress. l deem such action Unconstitutional and
he of Ct,
The Legislatures OF every State, have right 10 express
ther opinions upon the legislation of Congress They
nave IN unquesuonabe right influence public opinion
by all the arguments and pesuasons they can offer TO in
uHce change oil policy TO effect the repeal of any law
oil Congress 10 which they opposed they cannot
constuuonaiy ACl IN opposition 10 the laws oil the Uni
ted states.
The people OF Virginia. in adopting the State Constt
uO reserved some OF their sovereign rights; the ire o
oi speech aud religion; the right private property mo-
perry NC suppose the constitution OF the state is vo-
ated and these reserved rights of the people are iDrnp5
Oy this Legislature, what is the remedy? First appea TO
the judiciary departmental thai give, relief appeal to
public opinion relief is Obtained in that v,hst
is t!e remedy hen-Can a sing e Individual throw him
sell upon his reserved ghts?hs sovereiguty proclaim
that Constitution of the State has hen VOL Id ~
compact boken thai he will lo ger be bound bv it,
and hat he secedes and sets up for HIMSELF an coun-
~ do sccan ten counties do SO? The surdi OF such
measures is manifest What the remedy item in such
case! Revolution, resort to the ultima ratio.
The States in adopting the Federal Constitution reserv-
ed some oil their original sovereign rights Suppose some
one Stale should be OF opn on that particular act Con-
gress had transcribed the Cons tuition, what is the RENE
ny! ho same IL regard to the General Cove as in
hc case OF citizen of State in regard TO bis state Co
vernnen The individuals in each state are the consi.
Iuenls OF the cons ituiOns OF the State The poole OF
each State, in their collective capacity are the
ehts OF lie Federal Cor siluton
have shewn the absurdity of a single constituent Of
State Constitution judging OF the constitution laws oil
STATE ana acung upon that judgment; and / deem
equally absurd that single constituent Of the Federal
Constitution, should judge Of the constitution and laws of
Congress- and act upon that judgment The one govern
ment Is more limited in its power than the other but the
principle involved the in both Both constitu-
tons the creatures OF sovereign powers some sove
reign rights retained in both cases by the creators
troll the major, cOnSuuonaly or legally and il ought moi
The same gentleman from AIJcmaIle declared thst
the constitution would be useless, unless each State could
judge OF the niracon thereof by Congress- act up
on that Judgment that this the only conservative pr
ciple differ entirely with that gentleman the con-
destructive OF all government, OF the Union Each State
in the Union, has full and fair representation i'm the le
gsatve department Of the Federal Government law
pass the Senate without the of majority OF the
States and yet the gentleman contends that each State
alter having been July heard on the passage Of
Congress, after having voted the question: can revise
that act, and in her opinion the act is UNCONVENTIONAL
she can pass judgment upon it, and set it aside.
Constitutions of the greatest importance and utility
in all our governments without the principle for which
the gentleman contends Constitutions formed for the
purpose of protecting the rights of the minority from The
power OF the majority under the operation Of tie govern
nen'. The first principle in all governments, is that
the Constitution being enacted by the people in their
sovereign character The supreme law: the Legislators,
who the agents OF the people, under tho authority
Of the Constitution, and all olemny sworn not TO vio
late IT, This j. one check upon The majority. The fra
OF the Federal Constitution placed reliance upon
the virtue and intelligence of their fellow men and CON
hded some what in the solemn sanction OF oath Then
there the judiciary Department composed of men elect
cd for their talents and and who psced as TO
have motive TO violate the Constitution, who arc also
sworn to support it, and bound by their oahs to pro.
void. and set aside any law Of the Legislative De-
parment that violates the Constitution This is another
check upon the power of the majority. But these are not
all The checks, upon the power OF the majority Of sho
people of the United States In the Federal Government
The Constitution has provided another, and very nIpor
tant there is appeal in effect from al the depart
Of the Federal Government to the people OF the
States who formed the Constitution ITSELF who reform
il, and correct any exposition OF it, that may have been
given by any Of the departments OF thc Government.
And in determining these questions, the little States OF
Delaware and Rhode Island, have each the vote
with Net York Penusy vania, and voting in Ibis way
change may be Ell cted Ivy minority OF tie people OF
the United States VIII not all these checks and guards
satisfy the muoiy Must they still have this anti ne pub
can disorg Anzng, and dangerous principle which would
authorize the single, little State oil Delaware TO control
the action Of HE General Government, and the will Of the
whole people Of the Z. States'
What Is the chief barrier between the power OF this
House, and thc rights Of the minority 10 Virginia. Is It
not The Judiciary Department. So n the Federal Govern.
ment, the Judiciary Department Is the safeguard Of the
rights OF the minority II OF Congress nuges the
rights of any Individual matter how poor humble he
may be- lac may obtain relief in tie Supreme Court oil the
United States 10 there tlat tie colossal power of Con.
grcss, may be checked. But sir, 1t is lie fashion Of the
present day, with The minority, odcnounce and repudae
Ibis tribunal u las always appeared to me- sr that This
most suicidal policy, 10 The minority; for after alb the
Of int