Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-05-31
POLITICAL.

II ReUieiD Qfe Proclamation of President yacksoo o
me ioh 81 DecemdeT. 1892; IN a series Of numbers
originally Pnbiished in the .Norfok and Poyts,nOuU
HeTdld under the signature Of ".A Virginian -
No Nil
By LIrrLEroN WALLER TAzEwE1.L Esuuire late
Senator OF United States)
While seeking establish the right Of State to secedc
from an Union formed 10y Covenant the terms of Which
have been broken by other parties was not unaware ~
the objections that have been urged against the
OF such right, only by the author of this Proclama
uo but by others OF the School OF Consoldaionists Bu
dld not choose TO break the thread the argument by
replying TO these objections that tine Therefore as
sumed all the facts necessary present the naked
hon al mere right Having established this will now
attend 10 these suggestions Many of them have been be
fore noticed and answered and will not here repea
these answers But there which has not vet been
presented, and TO the examination of this propose 10 de
dictate this number.
This objection is that State may rightfuIly assume
as fact that the Covenant has broken by any of lis
co-Staes, or act upon such assumption without voat
ing its own faith: because the Covenant Itself has provd.
ed an arbiter TO decide all such questions by whose de
cisons the faith OF all The parties must be bound Tbis
arber is said TO be the Supreme Court of the United
States To this objection, which is founded upon the sun.
posed existence OF common arbier authorized and ca
Paoe 10 decide az attractions OF The Constitutions OF which
any State may have cause 10 complain MANY answer.
may be given all equally conclusive shew that no such
aroer clothed with such authority either does or omgh,
10 be expected TO exist.
The first Of these is that according to no lee
possibility could the case supposed TO exist ,vcr Inc
sented TO The Supreme Court Tor its decision even if the
Sovereign parties abide by that decision
The judges OF the Supreme Court like all other Judges
q IN
selves or to cdy mankind Gas the President seeks 10 do in
this Procamaton) Obuer dictd With public Lectures
communicating the results of their ucubralons upon me-
questions oil laws OF politics. OF any other or science
These cases too, according the very terms of the Con
suon' must be Ceases in aw and equity and we have
he authority oil TINS Court ITSELF for aging that there can
not exist any in law equity but one presented to
Court by the representations OF parties The law p,o.s
sorln every College, nay the very under graduates of his
class may deliver theses and dissertations upon
OF Sovereignty OF Politics. or of law and NAV a,nusc
and Improve Themselves by imagining suits BROUGHT n,
John Doe Uersus Richard Roe, try these questions
But il would be a high contempt of every Court r.
attempt TO steal from it opinion, upon any question
presented in case brought by such imaginary par.
Ties and not less contempt Of public Justice if n
Judge should wander out Of the beiope him To pfe
JUDGE some olher or TO determine any abstract pro-
position not necessary TO the decision Of the matter sub
United by the parties 10 his the case
supposed to exist is the Covenant of Union he
Heved by OF the parties violated nv the cavern
nent OF the United States the agent of ali the parties
w such case, tie act complained of beirg already done
NY the government, the United States would ma, no need
obecone actors or TO 90 before any Court the
power that has been already exeed and would be diff
hcu to fnd the authority under which any one as an
dctW, may lmPload the Y. States in their own Courts
But here ii may be said, perhaps as is often said that
the government OF the United States can only act y In
dFduas and upon individuals; and the Courts are all
ways open 10 such parties, all questions OF Consnn-
u0ndl right may readily be brought before the
Supreme Court To This common place assertion
oppose a Vat denial The evil complained Of, may
not De Tue consequence OF any whatever but Of vii
iui omission TO set, the part Of the government FRI
such case, IT cannot be pretended that there il any In
dydna TO whom the aggdeyed sufferer may resort fot
redress, ~ suit IN COurtOr the evil complained Of NAV
be an act, which, although paIpaby wrong may not re-
q'Ire Tue agency OF any individuals; although wanfon
" oppressive and cruelty unjust upon all the inhabitants
oil state, may nevertheless like every common nuisance
be injurious 10 of them in particular and terefore
would be al act not 10 he redrcsed an suit SIM
pose for example Congress should pass law giving ny
Terence 10 the ports Of State those Of another
which they expressly forbidden 10 do in tic vefv
Terms " 'he Consultation clj what individual could sue