Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-07-23

ing such opinions are as very "mctphysca
are to be found Messs Calhoun. McDuiEe, Hsyne and
Hamilton Of g. c., men whose brilliant genius, varied
and cbvsrous patriotism, would honor any age
or CLINE. Among the 10 be found the
names OF Giles, Randolph Tazewell, Tyler, and Judge
Barbour cum mus aliis, who, by their ability aud eo-
quence, their sevoion TO limited constitution and the
OF free have contributed to adorn
the political annals OF their country Among the "ul,ra
rehners' is the Of Thomas Jefferson, the patriot,
"who saved the Constitution, its last gssp who
was the apostle OF rcedom-the oracle Of truths whose
example will boa light to the most remote generations:
from whose lips o"ed lessons OF pure philosophy and po
liical wisdo whose object the happiness Of his spe
ccs and whose memory is deservedly dear 10 the Ame
can people.
Much of'hc reputation which Mr.. Rves enjoys, is at
TO the belief that he the pupil Of the ILLUS
uiou Jefferson, and that from him, Mr. r. had aqured
correct knowledge of our complex political system. Some
supposed That Mr. Jefferson had made Mr.. Rves the
cpient OF his choicest intellectual treasures aud appointed
nun the guardian OF his fame. Others thought Mr. Rves
the faithful interpreter and ardent advocate of those sub
lime principles, tile diffusion and man,anance OF
which, Mr. Jefferson dedicated his life. and thus immor.
tahzeI ms name How vsin--how unfortunate the
wteched delusion! Posterity will pronounce him a
co'unniaor, who shall calf Mr. Rves The correct and
faithful exPounderihe able and jealous supporter Of
the political creed of Thomas Jefferson.
bu To return from this depression TO the o,hsr "poent
ana conclusive reasons (assigned by "a Friend Of Jus
ice why Mr. Rives not "pre pared" to deny the
eon'l'ui'onai'y Of the Tail After speaking Of the Le
gisia'e recognition OF the first Congress-, official
CONNIE nds'ion OF "W ashmgtou aud others, "a Friend
oil Justice assures that Mr. Rives was not prepared to
oPPose such weight oil venerable authority and
broken current OF undisputsd prdctice'' Ii woul
seem, Messrs Editors, that when member OF Congress
takes the oath 10 support tho Constitution he is under no
obligation TO surrender the convictions Of his own under
STANDING and accept the construction Of Aexander Ham
tom or any other Federaist Aud "unbroken the
current 81 undisputed practice" consider 1t equally
true that the meubers Of one Congress impera-
hrey bound 10 approve the Interpretation given by pre-.
ceding ONE aud adopt their own, the OF
others The practice" Of the Government, (ike the
practice Of public menu corresponds lily with 'pre.
cept and exhibits many inf actions Of the compact that
but ie credit due any ssiona poson Of the
Constitution do not profess to be SO well acquainted
WIN the inotus operandi, Mr. Rves his allocate
"a Friend Of Jusice;" but ii appears that when
member oil Congress has commenced the discharge his
,Ses' aud question arises whether any proposed law
Is auhorzed oy The cohpsc it becomes the duty Of the
member to subject the Constitution the an Impair
tiai and rigid scrutiny, aud it, after reflection the
law clearly in conformity with the Constitution and ike
~ 10 advance the prosperity Of the United States then
vote for it, Nor do see, why declining the exercise of
her oon reasoning po,cers members Of Congress should
ransack the musy records OF the Library OF Congress- TO
ascertain whether Gen. Washington or Mr.. Madison had
not Sanctioned this that violation of the Constitution
ana whether the 'prdcce Of the Government would not
give countenance and support to other
Deeply Is II to be amented that the practce Of the Co
vernment should be relied upon potent and concu-
sive argument in favor Of usurpaon and tyranny. The
records oil The past admonish us, that public
prone to enlarge the circle Of power and the
arm oil the Executive at the expense of those for whose
oeheht government was instituted. The nfaibity of
human reason has been acknowledged and while
the arguments Of learned entitled to the respect
iui consideration OF nqurng minds the 'weight ofvene
rabe authority" is exceedingly diminished bv the nuts,
tons OF faith and sentiment.
That tue Hon. Senator has critically examined the Con-
suion, and informed himself of its history, neither
doubt nor deny, but his speeches evnce the almost
unlimited confidence which he has in the venerable a
thoriiy of the respected Madison In the speech deli
vered oy Mr. Rves, on the 18th OF February last when
enforcing the brilliant idea of sovereignty i'm the assoca
ton OF States, called the u States, and sovereignty i'm
each separate State, Mr. r. quoted the Federas and ut
tered the following sentences In rapidly glsucing said
hiQ Natn rata1c E.l
sion Tesuary sovereignty Of the States distinguished
from complete and undinnished sovereignty used in
three several numbers Nos 80. 49, 62 all written by
Mr. M adson, ohose guidance confess al,cays follotc
0i peculiar confidence; for man. from the relation in
which he stands TO the Constitution be supposed TO be
more thoroughly imbued with its true philosophy" The
pupil and proegc Of Mr.. Jefferson, has either for
gotten the lessons Of his prec ptor or discams his eau
lhory; Tor Mr. Rives has frankly avowed, that he, al.
rays JoHo,cs the guidance Of Mr.. Madison acith pc
euiidr confidence" The maxim de gustibus non dspu-
tsndum est is eplee with wisdom, and we will not dis
Pute MIR. KS right to "iollow' The 'gudance" of Mr..
Madison, in preference TO that of Mr. Jefferson Accord
ing to MIR Rves the undoubted right of ndugng his own
TASTE in selecting his guide beg leave Messs Editors
10 advert very briefly to Yates "Secret Debates of the
ederal Convention furnishing slight proofs OF
the early federal peposesons Of the venerable Elk Pre-
s'dent whose guidance is deemed important and va
luable.
In Yates Debates, 1874, the following remarks by
adison: II this point Of representation once
well hxed, we would come one another in sen.
tment. The necessity would then be discovered of cir
cumscribng more electusy the Slate Cover and
enareing the bounds oil the General Government Some
coeh mat States are sovereign when in fact theu are
ony political societies There graduation OF power i'm
all societies. from the lowest corporation the higbes,
sovereign The States neuer possessed the essential
rights Of sopeeignfy: these oi,cays pested in Con.
gress Their voting, States no evidence of sove.
relgny. The State Of Maryland voted by countiesdd
ms make the counties soveregn The States at
are ony great corporations having the power of making
bye-laws and these only if they are not CON-
Trajectory TO the General Confederation States Int
10 be placed under the control Of the General Govern
menat least as much they formerly wee under The
King and Parliament OF Great Britain"
III the States were great corporations and possesse
no sovereignty, how could Mr. Madison demonstrate in
the Fedealist that the States retained resduary sove
reignty" Will Mr.. Rves solve the problem and show
us I'D what way the States retained resduary sove-
regn'y, when they never had ALL ACCORDING 10
high and venerable authority ~
But to proceed On The 9Th day Of June 1887 yates
debates p. 1881 Mr. Pinckney moved " That he Va
fionn Legislature shall hare The po,cer of negafiping
an foUs to be passed by the State legislatures tchch
they may judge improper" MIR. Madison supported the
resolution, aud in the of his argument observed
" The power oil nega'ving is absolutely necessary-his is
the only attractive principle which will retain its cent
petal orce and without this the planets will y from their
orbits" - $500
thought the "great corporations" he Saies had right
10 make "bye.laws but that they neuer possessed The
essential rights Of soueregnty," and that il was "abso-
luieIy necessary, that the General Government should
nave ,he power oil negaving those state laws, which
might be deemed "improper If there shy historical
fact susceptible OF demonstrations il is this that in the
Convention, which framed our Federal Government
Messrs Madison and Hamilton were two of the most
Jealous advocates for The adoption Of an rgec and vi
gorous government; that would be only ndepend
ent Of and paramount TO those of the different States but
system the establishment of which, would have reduc
ed the States 10 the meanest of municipalies