Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-03-22

majoritles are combined in one complex system; the one in
forming the constitution and the other In making aud exc
cutting the laws; thus beautifully blending The moderation.
justice, and equity of the former and more perfec, maiori'
W with the promptness and energy of the latter, but less
perfect.
To maintain the ascendancy of the Constitution over the
law making majority, Is the great aud essential point on
winch the success OF the system mus, depend; unless tina,
aseendancy can be preserved the necessary consequences
mus, ne, mat The laws will supersede the Constitution, and.
hnAlly, the will OF the Executive, by The influence of lis
patronage, will supersede the laws, indications of which
are already percepuble. This ascendancy can only he
preserved through the action OF the States. as organized
bodies, having their own separate Governments and q
sessed OF the right under the structure of our system of
Judging OF tho extent OF their separate powers, and OF in.
tsrposing their authority TO arrest the enac,ments or Tho
General Government within their respective limits. Ue
would not enter, at this time, into the discussion of this i'm
portant point; as ii had been ably and fully presented hv
ue senator from Kentucky, MI. Bibb1 and others who
mad preceded him in this debate, on the same side. whose
arguments not only remained unanswered, but were nm.
SnSweraoIe. Ii was only by this power of in,erposi,ion
'hdt me reserved rights of the States could be peacefulv
anu efficiently protected against the encroachments of ,be
uvheial Government, that the limitations imposed upon It's
authority would be enforced, and its movements confined
10 the orbit allotted TO it by the Constitution.
II had, indeed, been said in debate. that this coul1 be
e"ee'ed by the organization of the General Government
.sen, particularly 10y the action of This body, which re-
presented the States, and that the States themselves ms
'ooN 10 the General Government for the preservation of
many OF me most important of their reserved rights. He
uu not (said Mr.. CO. %underrate the value TO be sttacbed 70
me organic arrangement OF the General Government and
the wise distribution of its powers between the sever,i de-
PSIuhei'ts' ana IN particular the structure and the import
ant functions OF this body but, TO suppose that the senate
Of any department Of this Government was intended 10 he
Ie guardian OF the reserved rights, was a great and fun
ua'nenhl mistake. The Government, through all lie do.
partments, represents the delegated, and not The rese,ve1
powers, ana IL was a violation OF the fundamental principle
VI { institutions 10 suppose, that any but the responsible
representative OF any interest, could be its guardian. Tho
distribution OF the powers olthe General Government, and
It's organization, were arranged TO prevent the abuse or
power, I'm fulfilling the important trusts con6Ied IN II All
uot as preposlerously supposed, to protect the reserved
the several States. eU"P Vi
Against the view of our system which he had presert.
e' IN .he right oil the State To interpose, il was Objected
uat IL would lead TO. anarchy and dissolution. He consi.
ue'eu u oogecuon as without the slightest foundation.
ana mat so Lar from tending to weakness or Gisunion. il was
he source oil the highest power and OF the stronges, ce.
mem. Nor was its tendency in this respect difficult of
explanation. The Government of an absolute moior;,v
uhchecked by efficient constitutional restrain. thonSh ~,
parently strong, was in reality an exceeJingIy feeIHI," SSP
.trnHeht; hat tendency to conflict between The nar,s
which he had shown TO be inevitable in such Goyernnon,s
wasted the powers OF the State in the hostile action of CON
.ehulnS i"cuons, which left very little more power tban
me excess OF the strength of the majority over the mir
rUy' But Government based upon the principle of the
eG inI ~ MAJORITY where each great interest possessed
"l'hin itself the means Of self protection, which ultimate
~ requires the mutual consent of all the parts. neress,r;Iy
causes mat unanlnity in council, and ardent attachment,
OIL all The parts TO the whole, which gives an irresis,;bIs
energy 10 d Government so constituted. He MIGHT an.
pear 10 history for the truth of these remarks nj 7wbicrh
me roman furnished the most familiar and striking. II
Is d WEI known TACT, that from the expulsion of the Tar
gums u the time OF the establishment of the Tribut,ria,
power me Government fell into a state of the creates,
|'V'"ei anu ulslTacton, and he might add. corruntion
no" uu uniS happen The explanation will throw inn.
Portan' light on the subject under considerations The
community was divided into two parts-ihe Patricians and
te fIeOolans; with the powers of the State princinaIIy
in the hands OF the former, without adeona,e chadpL -
protect The rights OF the latter. The result was a q nioLt
De expected The Patricians converted the powers of
'ne government into the means of making money. 70 on.
fich themselves and their dependents. They. in a word
nae 'helr American System, growing out of the necuIior
Tt : : ol We Government and condition of the country.
ms requires explanation. At that period, according 10
u Jaws OIL nations, when one nation conquered a,oiI9er
.ne lands oil the yanquished belonged TO tho victors; and
according TO the Roman law, the lands thus acquired were
divided into parts, one allotted TO the poorer class of ,ho
people, ana the other assigned TO the use of the Traasury
" Which inc Patricians had the distribution and admins.
"""o"' Inc Patrlclans abused their power nv wiibhoId-
ing rom the people that which ought to have been aIIot-
teS u them, and by converting TO their own use thai
Whch ought 10 have gone into the Treasury. In a word
my look 10 themselves the entire spells of victory, and
'hey mad thus the most powerful motive 10 keen The State
PeIPeu"aIy involved in war, to the utter impoverishment
a"I 'PPTesslon oil the people. After resisting The abuse of
power by all Peaceable means, and the oppression becon.
ing lhtolerable, the people, at last, withdrew from the CITY
they, in a word seeded; and. TO induce tben 30 ronni'S
Tue fatrIcians conceded TO the Plebeians, as the means of
projecting Their separate interests, the very power which
u cohIehded Is necessary TO protect the rights of the States:
". when Is now represented as necessarily leading TO dis.
r mhU iney granted TO the people the right of choosing S
t1bunes from among themselves, whose persons should be
sacred anu VINO should have the right OF interposing their
Veuo' NOT only against the passage OF laws, but even against
,her execution a power which those who take :, sbaI.
low insight into human nature, would pronounce inconsis.
lef with the strength and unity OF the State II ~ uma.
Iy inpracicable. Yet, so far rom that bsinr , /" ea"
49, aOh iAnl EluE lH eUE J..
mat day, the genius OF Rome became scendsnt. and
victory followed her steps till she had established 81 81
most universal dominion.
ROW can a result so contrary 10 all anticjpation. he q y
Piainedf The explanation appeared to him to be simple.
NO measure or movement could be adonted "a ;tbo,, H.
cOncurIns assent oil DO h the PItTicidns and Plebeisns
ana each thus became dependant OIL the other and. nj con'
sequence, the desire aud objects OF neither could he of
eC'eu WITHOUT the concurrence OF the o her. 10 obtain
us concurrence, each was completes to consult the good
VIII u The other, and 10 elevate 10 office. not simnIv TO-
VINO might have the confidence of the order IN which
ne oeiohged, but also that OF the oiher. The result
was, that men possessing those qualities v hicb wonIJ
naturally command confidence, moderation. wisdom, inc.
."e, dlu Phulousin, were elevated to office: and these
ny le weight oil their authority, and the prudence OF
"neIr couhSeI, together with that spirit of unanimity ne
ccSsd'l'y resulting from the cOncurriDg assent of the two
0Iuers' furnishes the real explanation of the powo or of the
WOMAN Stale, aud OF that extraordinary wisdom, modera-
llon, ana hrmness, which in so remarkable a decree cha.
rdcterised her public men. He might illustrate The trutI,
OF the position which he had laid down, by a reference IN
'Me history OF all Tree States, ancient and modern. disun-
gulsheu Ior heir power and patriotism, and concIusiveIv
snow . only thatthere was not one which had not some
cohtTlVahce, under some form, by which the concurring
assent oil the different portions of the community was
maze necessary, IN the action of Government hui also
'"dt 'ne virtue, PATRIOTISM, and strength of the State, were
III oirect proportion to the perfection of the means of Sc
curing Such assent. la estimating the operation of this
pm 1 lPUe va our system, which depends, as he had stated,
on IN right oil iuteTpositon on the part of the State ,e
must not omit TO take into consideration the an,eodinr
power ny winch new powers may be granted; or any de.
Tdhgemeht oil the system be corrected by the concuTrino
assent OF uree'iourtbs OF the States, and thus. i'm the
same degree, strengthening the power Of repairing anv
Se'suSement occasloned by the executive action of a
state In TACT, the power OF interposiuop. hirlv under
Stood, may be considered in the light of an anne.1 sasins,
the usurPatioDs OF the General Governmept dr. ioin,
aBeht d an Tue states, to the States themselves IN he dc.