Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-10-25

States MR. q les, in his speech the Embargo, said:
she fundamental principle government is that tn.
majority shall govern Again he said, 'ihe checks of
this government are up is deiiberotions mt upon it's
powers OF erecuti0" Nj. Me D ie AN authority which
"Muius' i'll not despise in h spec ch in he House of
Representatives the 18th February 1926 said, "tho
great conservative principle hen that peivades and
'dns the whole machinery Of our governuei h the
sPons'biIty @ public JnnetiJna,ies to the people,
these principles are sound ani i"ccnoveribc aud
tdinrd iy the strongest obvious TO every fleet
ing mind. The tar1 laws, TO sussin which the mis-
named Jorce dW was intended, had been successive
v enic,ed by decisive msjoiities OF both Houses of
to"sres', and approved 10, TIE Executive; they had
been passed by The constitutional law making power and
we're 'ons gneny I",cs Resistance threatened by
South C"roua, md she had absolutely organized the ne
cessary means oil armed opposition, through her con-
veniion prescribed the only system of revenue to tchch
she tcouff su6if, anil that too concession
South Carolina having assumed this attitude the only al
tentative presented TO the government, was, either sub
mission to the dcta,ion of South Carolina or the execution
OF the law IL the law had not been executed then the
other States might reasonably have that thew
subjected the burden of the revenue willis, Sou
Carolina exempt aud they ghi, Tor their re-
lie have rcSorcd to this c6icaciOs nuyng peaceable
remedy and have iei the government without revenue
Ill the law was 10 be executed, then the means within
the power OF tho government totally inadequate
faI the government yielded to the menace and dctaion
:" S9uth Carolina then the pora influence OF the Fede-
raj Government would have been destroy ed aud every
State in the Union would 10 its turn have teen found die.
atng to the Federal Government, and thereby ensured
W destruction at distant day. What then ought
Mt Kves to have pursued, beleving he did the tariff
laws to be CONSTITUTIONAL and seeing the biz handed ME.
nhcihg and unconstitutional Of South Carona
Was Mr. Rives, any o,her imam, who believed nuif-
cation high-handed dangerous doctrine subject the
government control by refusing the of
to its revenue officers? Surely not but this would have
been the case II the collection bill had been pass
ed l. it sound doctrine that the laws of Congress
constuiionay enacted, 10 be executed, or net az
indiVdual5 may regard them wholesome UNIV hole
some? Was Mr.. Rives to place his individual opinion
M opposition 10 the expressed will OF Congress, repeat
ediy given and by his withhold irom tue govern
nent the necessary OF maintaining its authority
ani removing opposition 10 the execution of tue laws!
Surely not Am 1, citizen withhold obedicuce to
every law OF The Land constituonalIy passed, which
happen to disappove or Surely not The consequences
OF such plncipe would be nIonsrous, indeed. When
Mr. Rves his vote, be had right 10 suppose that
South Carolina would ( she ultimately diJ) recede from.
the ground which she hal tsken-and he was therefore
compelled to vote a. he did.
Blu, Mutius" says, Mr. Rives might have proposed
some measure for The relel South Carol ma and lhus
have avoid. d the resort he ion hill" Whatever
relief might have been afforded by Congress would no.
cessary have had TO pass through the House Repre-
sen'aVes Hisn DIR Rives first ook Ills seat, lie found
Ferp ancks bill in progress Nhch have doubt would
have afforded more exclusive AMI subs anl relief than
Gays bill will dc) rb. bill he approve in the main
ana therefore 1t was no necessary ua, he should into
duce any mea.urs OF his own la ,he senate. lie voted
Iime aer line, Tor every oroicn delay the action
OF The Senate up3n h c'iiccoa bis, til Verplncks
came up Every body kuows why Yerpaucas bill was
delayed. 1t was Nj. Rivcs' faui 80 ina MIR Rive.
designed to aiJd Te'ei, but he prtssad 20 tie vote
| upon the 10 &c bill before the Iui.r Lii came IN
Mr. Rves is not only fortified in bis course 1n this oc
casion by e principles Of duty which be ~, ed 10 The 90
vefnment aud TO Tue country To the supremacy of
The laws OF The federal government bur hs stan,s de.
Tended by the course which Mr. Randolph took under
7 I
embargo, Mr. Randolph havnk Scusured IIe enbar
go law severely said"Bui, The saue ume drvecats
the efforts o this throughout, be Quilted Saes
lh"sf that there exists and Gi,caqS WW erst, within
thus County powsr 20 erecte the ia,cs 1 will la
amo"g the inst TO rally around the, when the opposite
doctrine Is once iaily cached anu acted on' iia sc
coriingly voted for that bill The prucplc Is here clear
yavowed that so long !do essts il must he oJeu-
Ell, and Crecuted il resisted Mr. Randolph entertained
the views Of tho embargo laws thar p Rvas doe,
OF The taFh Laws, au iU upon tho two subjects
was the same-a which must eventually be ar
! proved by the people.
urged, In my toimer article, that NJ Wves was
opposed TO ihe li and had dououneed in no uecsuted
terms his constitutional opinion very material lex
rePt so Jar as n"'ich'ioh was eoac0rnei nasmuc6 as
The puDc OF bis eNcrinos 10 effect the die
sirucion OF the protective In answer 10 dis
"Muiu' sdyS-"S"ppose Mr.. Rivos were to con,end
that Congress had The right do any thing conducv, ~,
the common defence aud general eifare would Germs-
Nous support M HVes,h he would promise to oppose
the bank, internal Improvements Sc - answer no,
because this rule of action applies The sponge to every
prnc pie in the Constitutions and enbotes ,he ,oboI IN;
To this substantive independent povec il be one: and
would not give g for any and al tho restrictions 10 the
power Congress il they possess ibis unlimited oo,"r
State Rights would then, indeed, be but mama The We
ny Constitution self dproves This Wow and shows mos,
clearly that the words common dcenee aud general
welfare have reference 10 end controlled by The im
"'o' because e expressly granted po"t all was
deemed prudent TO enrus the Federal GoVcrnmen, eli,
snd hdvog delegated these The constitution declares That
all Tie powers 10, thus delegated deserved 10 the
States respectively or to The people" This article oS
reservation proves 10 my mind, beyoh! doubt that the
words common defence and general welfare were sub
ordinate TO and controlled 10y the powers granted Du,
how does dis query applyf Mr. Riees does not maintain,
this opinion. lie believes The tariff constitutional "a
revenue measure although le thinks IL inc xpedenI-hn,
yet II thus law be constitutional. is not DO, er which
con rolls aud sweeps amay oil the limitations of tho con-
su'utOn. IL has reference 10 distinct branch of In.
specified powers and cannot therefore perverted TO e
extensive abuses which the other might
"Mutius" thinks that MIR Ricos as Inconsistent ;,A
himself III his speech the revenue rolection iii L
cause, alter denoumcl"g the tdG as "teGunI he tbcn
SAID, IN urging the adoption Of the collection fin ma,
the States had right To demand "eqnal laws" II seems
10 me mat "Nlnuns' must have shafpcntd hi. vision IN
have detected any Inconsistency in these expressions In
the case, Mr. Riyes was speaking of The G,,neoop,
operation OF The law, although of general effect ~ tbe
other, OF law binding upon twenty three States and NOT
binding the twenty fourth; because the nuifyns ordi
nance OF south Carolina had prevailed, that State would
not only no have borne the burdens Of the law in eof1L
proportion with tie other States, she would not have
borne any portion all, aud Mr. Rives riohnlI,
cpntended, at The Law If remained IN force so b,J
all. even by force, If nccessdy.Thus much as TO Mr.
Riycs.
/ "fuius ag'in REPEATS HE charge Of ineonsistenc,
Against Mr. M0dison, in relation to u signature oS 49,,
Uucd States Bank charter, AMI introduces no 90 rbar,
by contrasting III opinion OF MIR. Madson in rcl,,ion IN
tic Jurisdiction ui ID Q federal court Srress.d II, . ,n,
Der at the Frdctds" anl in his letter TO MIR Eysfen
with hi opinions expressed in his Report upon the yr
gina Resolutions IN 1889 shall briefly meet both tosa
chF1eS Ana h'si a. 10 tie bank before stated az
mailer OF Information, that Nj Madison never gel
Ihi' opinion as TO the uncOusituontliy Of The bank al
though circumstances had riuspFcd cdlcu dted p,oduce
SOME doubt on his mind only rely upon tI,is
nlnrma1n. which will he regarded true, nplcss eon
radct-dby Mr.. Madison fioseL There is no autl enCe