Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-03-05

acting obedience the State auhorti. aud in defiance
OF the Federal Government would be liable 10 be hung
Tor treason II were secession he had defined it, the
State would be attacked holy aud treated
my under the law OF nations. The power Of the govern
ment was perhaps as strong The latter principle
tne former "ni aS 10 the maintenance ct ur public au
thorities, II matter OF indifference which
pushed as the true doetine; but m reference 10 The
States, II object nt Importance thai State IL
ever reduced to the extremity OF resisting, should enjoy
the right to shelter her citizens .rcr her own a. and
hSht the battle OF freedom nrtng ic liberal uSagcS
OF war This the ouly paint ol difference worth con
tending Or, and hut for this gentlemen light call IT reyo
tuition or whatever else they pleased.
lie said, lac would proceed q con slider how f iU
'Vicdton constitutional remedy was coupdibr with
political system founded On the principles lac had been
ron'emlng Tor lie undcrs ood the tnctruc . nulhica
ton TO be the assertion OF light the PAT, of State
continuing o he membcr OF the Union and subject the
Federal Constitution, TO annu aud make void within
territories Law OF Congress believed 10y such State TO be
unconstitutional attended 10y c.pOn,lnc- ohs ,ton
on Congress To submit the matter 10 General Convention
OF the States, and in the meantime suspend its execu-
ton The authors Of this doctrine could find no principle
oil oar government, provision Ut tc Cos which
gave To STATE he rght io pat veto negative law
OF the General Government. The obvious effect would be
To- place stiy OF the States under tie contrpu of
mnod'yto subject twenty three States to the will of
single Stale, for without uuluMijv mo law could I've en-
ioicei In tactic suspend the execution Of many laws
would virtually Zee equivalent 20 repeal of them Had
Massachusetts, cr instance raised Tie embargo i'm the
port oil Boston, tac mhOc volume VI n,erdctcd com
merce would have bccU poJred into TIA, city, and mea.
sure deemed important bv tho governments would have
been totally defeated Should Charleston be declared
fee port the revenue laws wou in effect he abrogated
Tor no merchant would import goods into any oher place
where ne would have TO pay average duty of thirty
seven and half per cent, when he might bring them in
to the country, through Charleston duty free That
could not he considered government which had mo,
power to act on its constituents whether they were ndi
vduas or States, aud to suppose that the Constitution had
given State the right to negative law of Congress
would be 10 srr?ose the existence Of right which rem
dered all the powers OF the government wholly nuga,ory
The other feature Of the remedy which male the veto
eectua until three ourhs Of the States in Convention
had overruled the Interpretation nut ON tke Constm
ton by the multiplying State, also without FONDA,
ton in The most dtudnous construction of that instr
meh'' In support oil the idea, resort had the
most constrained analogies 1t had been said that the
concurrence OF three ourh OF the States was necessary
III ameni'ng the Constitution, and alteration or
amendment, could in effect, he by interpretations
therefore the concurrence OF three ourths was required
for interpreting that Instrument Bat il should no re-
mchtered that bare majority the inherent prin.
cple oil republican government apple able in all cases
not specially provided for-tha the majority of three
fourtas was wholly arbitrary and required by the Consit
ton only in cases OF amcndmenthat there was no such
provision in regard to its interpretations and hence The
power OF Interpretation under the Constitution other
tnanl me last resort must reside, according the prin-
ciples OF the hands of n,ao,i,v nj ,o
states, or the federal agents. Believing, he M that
majority OF the states would interpret the Constitution ia.
voraby TO the Tariff and that such decision if not absolute
~ Obligatory would carry with strong moral force he
was opposed TO going into general Convention OIL The sub
ject Even if the concurrence Of three -fourhs were
admitted to be necessary for atom aud the anti
tariff States numbered more than one fourth the orvcn
ton would result in nothing beneficial The tariff States
would assert that The Constitution already conferred The
disputed power on Congress aud three ourths of the
Ia
r StitcS denying the existence of the power would cali
upon The three ourihs of the States to insert it, Upon The
decision OF this preliminary question the result would de-
pen and as neither would yield the point was easy 10
oresee that the Southern States if not hound hand and
oo ny bare majority, would quit the Convention un.
uer disappointment AMI increased excitement There
was at least as much expect relief fom In,
Government AS from the Convention and without the
danger attending the latter resort of fnL adverse
construction by the highest tribunal provided by the
Con'iuton Such were few OF the crrors and evils Of
this most extraordinary doctrine
~ Ito .
rned ny the Resolutions and the Report of the General
assembly OF Virginia in 80 AMI 80; but after the mos,
careful ann anxious examination of those documents, he
re,atSS G cine ifpitsfi ~ Toem nor WAC
legitimate inference from the principles embodied i'm them
me doctrine was usually traced to the latter part of the
hrl resolution OF 80, which read thus: and that i'm
case OF deliberate, papahe, and dangerous xercise of
oer powers, not granted by the said compact the States
who are parties thereto, have the right and are in nty
Oonh TO inerpose Tor aTesng the progress of the evil
anu ior maintaining within their respective limits the an
tn1ries, rights AMI liberties apperaning them" The
nSh oil the States TO "uterpOso in case of d,nrerous
nlricuons OF The cOmpcct here asserted in The ro,
est terms The difficulty, the present d,y consisted
IN aScertanin4 what mode OF u,eIpositom was conem
cootended that Mobilization was one kind f in,or,oi
upn Known 10 ue Constitution Fortunately, he said the
ePort OF ~ IN combating the objections of other States
TO the Resolutions had male expires. enumeration NJ
those means OF inerpositon which came within the mr.
view OF The Constitution. II there lal down that h.
states had right lhrOug their ordinary -at,res IN do
clare an act OF Congress 10 be uncOnstutiona and to
communicate the declaration TO the otb.r Si,,os in,';
them TO concur in like declaration. That they nyLi
have made direct representation to Congress with vi
to obtaining resembling of the two Offensive ac or ibe
Sh nave represented to their respective Senators in
congress- heIr wish that thirds thereof would urouo
an explanatory amendment the Constitution: or tvo
thirds OF themselves, il such had been their o,,ion ,i,
~ e ",PP'c"" 10 Congress, have obtained Conven-
uon Tor the same object" IL was said at tesc
means were all consutionaly open for consideration
'''''dto was mot fSentoHei of The
means q slate had Tic ii ght, under The Constitution 10
"c,e law unconstitutional, hut TO make il null and
No In me language OF The Report Of 90 "the dccIr
u Of
h'e wh any other effect ;lln what hev NAV nroIuco on
OPINION, ny exciting reflection" &, careful were ,
hof'o tue resolutions Of 90 in guarding against tho Inn
pc','o 'ha was inende TO make TO-, Alien AMI S.di
"" Jaws Voil instead OF merely deci1rtn1 them So t,t
ey STRUCK rom the An resolution the words dscI,rng
80 70 w. nor law but utterly null, void and Of no
''rce or eHaci IL was very oyi lent he thought thai tho
assembly OF 05 had idea esoriing AT NAT lime for
Tue Uen existing grievances any Other than the n,c
means already mentioned. The 7h resolution xresseJ
cOnuiehce, mat the necessary and proper mea
would De taken by each State, 'or CO. oDer1fiD viii
III 'e III maintaining unnpiired, the authorities rights
anu nOeTles reserved 10 the States rcspectivelv mr. n, H.
people MIR John Taylor who brought forward the re
s''uoh'' WINE defending the advocates of them from,
.he chhse OF mcIiatiug unconstitutional ra,or,
70 arms Sall, III the of the debate that sstcv
hdi pursue" system which was ONLY am appe,I ~
p'"'c opinion becanto that appeal was warranted bv
the constitution aud by principles and ao,in ho no.
marked, that the plan proposed by rbe rcso,io, f
ho e'eiltuale IN war, hut might in Conveuton lie dl
called" '''0"'O" "OuIu DC
u was said however. tat il the struggle Of "a anil oo
, ,'cu 10 hphhg more than an appeal TO public op
! "' 3h legislative declarations OF the uncoustiu.
I'D - w I,Gl'n acts OF Congress- that its importance
hHh DGen greatly exaggerated, inssmucI az src go
conId nave been doubt Of the RIGHT or H. St. -.