Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-02-21

egidncs of the citizens OF tho United States is duo d
ecty 10 the government OF tho United States and not
has been pretended, through tho State Governments SO
true is this that he would affirm, that the citizens State
may continue to be parties 10 the compact by which the
General Government formed, alter they be
parties 70 the compact, by which the government OF the
State in which they once lived was created Thus the
people inhabing the territory ceded by Virginia. were no
longer parties TO tho compact. by which the
Of that State created. but they continued without
interruption to be parties to the federal compact II the
citizens OF the United States not TO be considered
parties the federal compact, they would be under
obiga to obey the laws OF the General Govern
men could they be tried and punished by the tbu
nails established by that government II they only
TO be regared parties to the compact by which State
Government created and not 10 the federal compact
they could only DO tried by the tribunals establish
ed by the government OF tho State, in which the v
reside. or in which the offence was committed. The
obligation OF the citizens OF the United States TO obey
the laws OF the General Government is SUCH that they
cannot be released from by any act OF the
oil the State in which they reside If State
has the power release her citizens their obi
CATION 10 obey the laws oil the United States il must be
because she is possessed OF unlimited sovereign
and being possessed of unlimited power she may save
them from the penalties which they may have incurred
by violating any law of the United States and this she
may do without regard TO their guilt innocence Of the
crime for which they may be condemned for govern
men possessing unlimited power, is not bound 10 assign
for its acts. The existence of any such power
IN the State Governments is wholly inadmssble and
would render the General Government utterly worthless
Ii becomes therefore highly important, that the duties
which the people of this country the General Co
vcrnment, well their respective State Govern
ments should be well defined and understood; and that
the State Governments shall be restricted from encroach
ing upon the powers granted TO the General Government
as well that the General Government shall be restrain
cd from encroachments upon tho rights Of the governments
of the States.
Mr.. nj. said he could refrain from noticing some of
the views presented to the House by the gentleman from
Petersburg, (Mr Brown in relation to the powers Of the
General and State Governments To most of the opinions
expressed by him, he prepared to give his assent
e had not however, arrived at precisely the results
from the same premises. He (Mr. M y concurred with
that gentleman in the opinion, that there ives no immi
nent danger OF between South Carolina and the rest
oil the Union. He agreed with that gentleman in the
opinon that Congress must interpret the Constitution of
the United States in the first instance The Constitution
the law for Congress- Of that body 10
the Constitution TO the extent Of the authority under
which they are TO act IL also true that the Courts
the United States in most interpret the me
ing of the Federal Constitution. Nor to be denied
that may arise, which be decided either
by Congress, or by the Federal Judiciary. He (Afr
NJ couG not agree, however, with those who con.
tended, that because those could be deter
mined by any department Of the General Government
that therefore they must necessarily be decided by the
States in their separate sovereign capacities, parties
the federal compact Nor could he agree with the gan
tleman from Petersburg that the majority OF the States
have right to decide what is the construction of
the constitution in such cases. Cases had arisen, and
perhaps would again arise, under the State constu-
ton, we'll under the constitution of the United
States, which could not be brought before any tribunal
competent to decide them The question: owhat was
the true basis which the representation in the General
Assembly should be fixed, Of deep interest and
upon which the people the East and West sides Of the
Blue Ridges had differed very widely. but which could
not be brought before any tribunal 10 be decided Ques
tons OF equal difficulty may arise under the constitution
of the United States aud TO decide which, no rbuna bas
been established. Whether might be well or not to-
give to the majority Of the States, the right which the.
gentleman supposes them TO possess of determining what
Is constitutional otherwise, question worthy Of grave
consideration. II may be objected that would not do TO
give TO majority Of the States such right because il
might happen that majority of the States, possessing
a minority only of the population might decide yer
important. questions, against the opinions of condera-
BILE majority Of the people. And ii is true, such a case
might possibly occur yet such is the relative loca-
ton of the large and small States Of the Union that
such would not be likely often 10 happen-
To guard against its happening, il might be pro-
vded, that whenever majority of tho States contain.
ing at the same time majority OF the people, should
decide upon question OF constitutional power, such der
a,09gh rs 5yA MAN q iat Is: it Is certain
majority OF the States have no right under the Consttu
ton as stands, to decide what is constitutional or NOT
The gentleman from Petersburg asked whether or
not the States had the right to impugn the acts of the Gen
eral Government This right he (Mr. M J was fully
prepared TO accord TO hem but that right was
by means to be regarded exerion of SOVEREIGN
right or power Not only the States, and the Legisia-
lures OF the States have that right but every Individual
in the States. AT this very time, (sad Mr. MY the
people are assembling and exercising the right of
expressing their sentiments, relative TO the acts of the
General Governments condemning, and most az
them approving those acts and this without ever dream
lng that they are exercising any sovereign power. He
(Mr Mo hoped the people would not conne their atien
ton the General Government but that they would look
at what their representatives here about and ex.
press opinions on SUBJECT also, without
when the gentleman from Petersburg had expressed the
opinions with much earnestness that this
ought TO declare what State Right principles are he
(Mr M had been not little diverted when he re
upon the difficulties, many Of the jealous advocates Of
state Rights would have to encounter if called upon 70
state explicitly, what they meant by State Rights He
confessed he had been in the habit Of regarding the State
gn doctrines oil our modern republicans, OF un-
ntelglbe JargoD which living might hone TO ex-
PLAIN and which served for other purpose, 10 i'm
pose on the ignorant, and which enabled Office hun
ters 10 caJoe the representatives Of the people, and
induce them TO assist them, in their ntrgues for no.
lical preierment He mir. MooreO did earnes,Iv
hope, that the people throughout the State would
call upon those members who in the habit OF yot-
ing ior State Rights resolutions to put down in writing
what they meant by State Rights He did not doubt but
that every advocate of what commonly called the
doctrine Of State Rights, called upon 10 write out
what he meant by State Rights, and the whole could be
compared together, the collection would present the most
lncongruous mass OF unntelgibe stuff that had ever
been concocted by the brain OF The people would
then see, what was the OF those Resolutions on
the SUBJECT oil State Rights which have been discussed
year after year, in this General Assembly, at an ex-
pense OF many Thousand dollars to the Commonwealth
Ihey may now see in the example Of South Carolina
wha are the legitimate consequences Of the doctrine of
STAG Rights, strenuousy contended for In the Regs
He earnestly hoped that the time had arrived when the
eyes Of the people would be opened ohe true value of the
state Right doctrines, as proessed by our modern political
docorsIn what he had said upon the subiscl of State
Rights, he by no means meant condemn the doctrines
contained in the Resolutions of 49, and the Report of 90
was The gross perveron Of those doctrines by the DO
hhcians oil the present day, which he to condemn
ITO be COniinuedl
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