Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-01-29

rJ 1t follows OF necessity that there be tribunal
above their auhority decide, the resort whether
the compact made by them be violated; and consequent
~ That as the parties to it, they must themselves decide
IN the last resort such questions muy be Of sufficient
magnitude to require their inlerposiiion.
"But it is objected, that the Judicial authority Is to be
regarded the sole exposition Of the Constitution in the
last resort and may be asked for what the de-
caralion by the General Assembly supposing be hoo
recay true could be required the present day, and
III so solemn manner.
" On this objection it might be observed-Ffrst that
mere may De Instances OF usurped power which the forms
OF me Constitution would never draw within the control OF
me judicial department. Secondly that, II the decsof
OF the judiciary be raised above the authority ofthe
sovereign parties to the Constitution the decisions
other departments not carried, by the OF tire
Siluion before the Judiciary be equally authorize
live and final with the decisions of that department. But
the proper the objection is that the ton Of
The General Assembly relates those great ami extraor
binary in which all the forms of the Constitution
may prove ectual against to the
essential rights oil the parties TO it, The resolution sup
poses mat dangerous powers not delegated, may only
be uurped and executed by the ote. departments but
ha The Judicial department, Also may exercise sane
on dangerous powers beyond the grant OF the Constn-
hon; and, consequently, that the ultimate right OF tina
parties TO the Constitution judge whether the compac,
mas "een dangerously violated, must extend TO volanous
6y one delegated authority, well by anoher-by the
Judiciary as well as by the Executive the Legislature
HoweVer true, therefore, II may be that tfe judicial
department is ia all questions submitted TO il by the forms
oil the Constitutions to decide in the last resort resort
must necessarily be deemed the last in relation 10 the a-
horcS oil the other departments of the Government-not
10 fefalon 10 The rights of the parties the Constitutional
Compact which the judicial as W ell as the Other de.
parlmenis hold their delegated trusts On any other y-
poIhesiS, the delegation OF Jucdial power would annu
the authority deegaung it; ard the concurrence OF this
department. with the others, in surped powers, might
subvert forever and beyond the possible of any right
,u remedy the very Constitution which all instituted
10 preserve"
Nov" sir how can gentlemen profess that these resou.
IONS, aud this report contain their opinions the very
breath IN which they claim to the Federal Government
me power OF eXpounding without any control in caes
where they exceed them, their powers That a
state has no right to any violation of the Federal
Constitution And hat even in case of the most paIpabIe
dangerous has rgbt 10
ccde from the Union But that if il does is citizens
are @ole TO be executed as traitors And, sir, what
more astonishing, do not OF these very disciples az
ey call themselves OF the 9S tell YOU that
The only orbiter between State the Union in case
OF an unconstitutional usurPatoD OF power the Supreme
mi'c" lS very report expressly repudiates such
idea But sir, will what Mr. Jefferson thought al
e same ume ON The same subject The co-temporaneous
resolutions oil henucky, though offered by member OF her
legislature has been long known, drafted by thas
distinguished statesman. Among them was tile following;
heSoIoed, That the several States composing the Uni
ted States OF America, united Oh the principle of
unlimited submission TO the General Government; but
that, by compact under the sly lie and title of cons
Iou for the United States and OF amendn,ents thereto
they constituted General Government for special purpo.
delegated TO that Government certain definite
eservng each State to ITSELF the rcsiduary mass of right
to their own setgovenment; and that whatsoever tho
General Government assumes undeegaed powers its acts
arc unauihotative, void, and Of force that 10 this
compact each State acceded as State, and integral
party It's costates forming, itself, the other party
mat IhS Government created by this compact moi
made HE exclusive or final Judge Of the extent the
powers delegated to itself-since that would have made
ITS discretion aud not the constitution the measure of its
Po"eTsbu' a as IN all other cases OF compact among
paes having no common judge, each party has equal
night to judge for itself, well of nfacons, as Of hs
mode and measure of redress"
Aud, sir. II will he well recolIectcd that resolutions
m stronger was adopted by that Legislature at las sue,
ceedng session. the authorship OF which has recently boon
Traced TO MIR Jefferson by manuscript to paper
IN THIS city, by his representative, in September last Sir
wi not deain you by reading THAT 1t attracted gene
raj observation at the time, and few have forgotten that
goes even nrher in favor of the powers OF the States
against federal usurPations, than the resolutions before
you
In letter TO Mr. Giles in hi, published correspondence
Mr.. Jefferson holds this language:
Are we then TO stand to dJRs7 No. That muss
be the last resource not to be thought of fntif rnurl
longer and greater su1erngs. II every nfractioa of
compact oil so many parties is to be resisted once as
dissolution OF ~ none can ever be formed which would
last one year We have patience and longer endu-
rance then with brethren while under deluson; eiyo
them time tor reflection and experience of consequences;
Keep ourselves in situation 10 profit by the chapter of
accidents and separate from companions oiiy ,pben
me sole alternatives Ten, the dissolution of our
Cno" run men, or submission TO government Nth
0Ut limitation P0tCeTS Between these ttcO Sgus when
we must make choice, there be no hesitation But
IN the meanwhile the States should he watchfuI TO note
every material usurpaion teir rights; TO denouDcs
hen as they in the perempiory terms. to pr.
test against them wrongs which our present subIs.
sion shall be considered not a. or pre-
cedents OF right but temporary yielding to the lesser
cV "ht her accumulation shall overweight that OF 80.
pardliOn."'
He is obeonsy arguing against the erpedicey OF virgi,
d separating III consequence OF the then expressions ef
The Federal Government in which all of ms did them and
do now, trust, concur with him But can any man road
tins passage and not say that MIR Jefferson held that
stale might, and ought 10 separate from the Union whom
That or submission to unlimited powers was the on alter.
navcf and that the States have the power TO dccido
whether such excess has been committed by the Gene.
raj Government the resolutions previously advcrted 10 de-.
nOnsrate Indeed there il something ridiculous in the
very idea OF the General Government deciding finally on
the extent OF lis own pOwers-to this would practically
remove every limitation these powers Whatever have
not forgotten sir that 10 break The force of ticse expo
s''ions OF Virginia principles letter Of Mr. Madison
written recently, has been adveued to, in which no il
supposed 10 express opinions different from those Tor which
we are conending. ! regret that this modern common.
Iary should have been sdyeried to- do not come for
ward convict Mr. Madison Inconsistency or as coun
eel 10 aoqnt him Of the charge All have to say IT, that
n, ~ TIE letter alluded opinions expressed Of s
CHARACTER suppose by those who appeal 10 it'll appeal
from James Madison iu 1926 James Madison i'm 5g3-
no SIR, appeal to tribunal still highor-to that august
Assembly OF which that great Statesman was only one
member associated with many other distinguished pa
ino and Statesmen Their proceedings were aloptrd NE
UIc act Of that body-ihcy forth 10 the yorl-apd
they must speak for themselves. Aud Tor ouc I protest
against these subsequent paro interpretations Of written
state papers, aud nothing be improper, instead
Of looking 1T the document itself drawn up TOO, This
was 10 lucid and nervous language, obe cnqurng thirty
years alter, Of Of tc body who adopted it, and when
cutcehcd by age 10 bic construction Of IT, VI this ~
TO be- tolerated. there can be certainty stability IN
those remarks were delivered Randolph read In Al,
place. the published
~ Jefferson tb1f bic grandfather dd
non hnd Imputed 10 h1, and hcn ho
o above extract protested vs a.
showing 10 the ohiob
.-ofe An 5bo o,.s,g. 49,.
M I D. N