Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-09-20

Give the "comInon defence and ..general welfare
promise 10 oppose the Bank. Internal Improvement,
&cl-it seems, that in the estimation Of "Gernanicus,
have been guilty OF great offence. in reminding the
public that Whatever the friends Of Senator Rycs might
say, in behalf Of his JDtrsonidn republicanism, Mr.
Riyes had admitted that he following the ''guiddnee
o. o. mr. M'u's'n naI extracted sentence HON Mr.
Rives Speech, in which MIR Il complimented some es-
says (oi the F-dersi-l written ny Mr. Madson ",chOse
guidance (-aid Mr.. Mves) o!rdys toto,c 10Th p.e"
liar confidence I his candid acknon leds nent Of Mr.
R,ves well calculated to throw shade Of doubt eft
his reputation. the disciple and follower OF Ar Je.r
sou. Hoe Me ioehry,aes--irom " Gcrmanicus." Is he
not DESTROYS tina, the people should regard Me Res
following the guidance" oil both the dead and the hv
ing! IL not why has "Geruianiens" affirmed. that Mr.
kives opinions are "denicsl. with those Of Mr.. Mad
son. anu eh entered into an argument 10 prove that the
sentiments OF Mr.. Hves, accord with those OF Mr. Jctier
SOM when men argue. they Think that oil aud
Yer can assinIaie or that too's aud mountains are tden
ficdP'-we smile at their ingenuity, although not
easily convinced by their reasoning Ia this aye Of
Iteration aud .,eiorm, not be surprised il la the
Of ~ months hear Senator Rves culogzed as
| J.fcrsonion, -na,iisonon, and Jaeksoaan Rep,,bh
can, Of the School cj '93.
Having stated in late atisn, that Mr. Rives
admitted that he dioays follow ed the "suianc. Of
MIR. Madison, l then briefly reviewed Mi Madisuu's
course for the purpose OF showing that III OF
te nuctua'ing Character OF his political opinions, Mr. Ma
dsons authority was hot OF nspprscale value and tran
'cendan importance. notwithstanding Mr.. Madisons in.
consistency has been demonstrated hy historical p oo
the correctness Of which "GcI did not think pro-
per TO assal openly, we in The Enquirer Of t. IA
t that Germ anicus" bolily affirmed that Mr. N,di on
had been "unyoriy consistent" aud ia the Enquirer OF
the S0th ut "Germanicus" declares, that Mr. Nj con-
'is'ency IL "undssad6ie." 'Gcruauicus serious la
making these assertions Does he know, that thr
Federal Convention, Mr.. NJ allison positively denied the
sovereignty oil the States, and bequrEly cndeavor.d
prove in the Federals,, tina, In ss'enng 10 aud 'ayng
the Constitution. the STATES would retain "Tesdudiy
ruetgntW Does not "G.rnauirus' know, that ia 1871
Mr. Maiison delivered mastery speech sgainst the
sumption and exercise OF the power OF
speech, la nhch MIR. allison coutc , .ntho.
ri'y ons,iiule Bank, had not been delegated Congress.
aud that when President Of the u s. Mr. Madison signed
rilorat .,l1 NJ,
WAS called to the chair OF the Presidency he took solemn
OATH by which he swore to 'preere protect an defend
the Constitution OF the Uned Siaes." Aud German-
cue" has said. that Mr. Madison yielded his constitutional
seruples to the exigency o circumstances" when he
signed the Bank Bill In 81, Mr.. alison believed and
strenuousy Maintained, that Congress had the power
to incorporate Bank. and "Gertnanicus" admits that
when Sir. Madison became Pielent oil the y. y. hi.
mind what doubtful and being some " hat ou b.
iu lie yielded his scruples" Never mind
says "Germanicu-," MIR Msdson consistency is AZ ,i.
dssd'ia6ie" as "Gibraltar." Does not Gcrmauiru."
know, that in bis report Mr. adson conended that the
Supreme Court OF the United States the Umpire
agreed by the States TO settle relative
The boundaries OF Federal power aud that in 1880 Mr.
Madison affirmed that the Supreme Court
As the hrher, between the States aud The Federal Co.
yerninen In the face OF these nconov eblc facts
mud "Gemanicus" asserting that Mr.. Madison has bee
"uniiormly consistent Instead OF such ping state
mens we should be happy TO see "Gernancus" sustain
his assertions by proof-derved, not from hear-say es-
ony, but from AUTHENTIC public documents 81 salts
fed Gays Germancus that Mr.. Rves agrees with Madi.
sou as to the power Of the Supreme Court of the u s.
o'ef OF the edera government
both IN relation to the States aud individuals and TO tho
extent, that Mr. Madison maintains that power he per-
ieciy consistent with the principle Of the Resolutions Of
1890" The attention Of "ermanicus is respectfully
invited to the following
Extracts from the Repert of 'e9-lsOo
However true 1t may be, tia, the Judicial Department,
is In all questions submitted 1t by the forms OF the Con-
siu,ion. TO decide in tho last resort this
cessay be deemed The last in relation the authorities
OF the other departments OF the Governments rela
to the rights oil the parties to the comp
from which The Judicial well the other D
hold their delegated trusts On any other hypothesis the
deleg alton of judicial pow annul the authority dele
eating II: and the Of this de artment will.
the Others in usurpcd powers might subvert forever
aud beyond the possible reach Of any rghiu remedy,
the very constitution, which all were instituted to pre-
serve.
alt appears to your committee be plain principle,
founded in sense, illustrated by coutnon prac
ice and essential TO the nature OF compacis that when
sort can he had 10 tribunal superior the authority
OF tho parties, The parties themselves must be the right
f judges IN the last resort, cheier the bargain nude
has been pursued Violated The States being par
lies TO the constitutional compact aud in their sovereign
capacity, follows Of necessity that there can be no III
bunai a6ore their authority decide in the last resort
chether the compact made by them be rioIated: and
consequently, that the partie. 10 it, they them
seiues decide in the last such questions may
OF sufficient magnitude 10 require their inerpoon.
"lt the deliberate exercise u dangerous powers pal
p'hly Withheld by he Cons tuition. could lot justly the
parties TO H. in interpreting eren oJar arrest the
gress OF the evil thereby preserve the C0nstitu-
fion ifstg well 10 provide for The safety The par.
ties there io0,d be end TO oil relief from ,tsurp.
ed pocer and direct srbversion Of the rgh specified
recogDz under all the State osiui OTIS as wen "a
plain denial ii the fundamental principle on which our
Independence was declared.
81 he authority OF Constitutions Governments and
Of the sovereignty Of the People Constitutions are
truths. which at all times necessary he kept IN
mind; aud at no fD'e perhaps more necessary tan
the present"
Extracts from mfr yMadisOns letter To the editor otfhe
North american Rese,c, dated .9ugust 1880
While vindicatng the supremacy OF The Federal Court
MI Madison referred 10 the 39ll No OF r. de- alist and
quoted the following explanatory oil his opinions 49,:
sit IL true, that ia controversies relating the houn
~ between the two jur-dcons, the tribunal which is
ultimately TO decide, rs TO be established under ne Gen.
erai Gopenmen But this does not change the princi
pie ofthe The decision be iparally made
according TO the rules of the Constitution; The u.u.
al aud most eecual precautions taken 10 secure this
mpartiality Some such tribunal is ciedTlV essential 10
prevent appeal 10 the sword, and dissolution of the
compact; and that il osght TO be established under the
General, rather than under the local Governments or TO
speak properly, that ii could be safes established I'M
der the FIRST alone, is position likely be cobatled
Having quoted the above from the Feerss Mr. adj.
proceeded and remarked, "hat the Constitution is
compac that its text is 10 be expouDded according The
provisions for erPounding it,-makng a part ~ the
compact: and that none " The parties yghtfuilQ
renounee The erpounding provision than any
DINER part When such right srcrues, may accrue
must grow out OF the abuses oil the compact, releasing
their sufferers from their fealty TO it,
"ID the Of the failure every constitutional
aud an accumulation OF usurpaons aud abuses rende
passive obedience and resistance greater evil than
resistance and revolution there be but one eso The
last oil all an appeal from The cancelled obligation If The
constitutional compact TO original rights the law OF
selpreservatoD. This the ultima ratio under all Go
vernInens."
Was by a comparison of such conflicting opinions a.
fheaa tnalt ~ .t,I &C