Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-03-26

meaning was annexed 10 these general terms. which VA.
not proper; aud. Tor this purpose. either that the means used
oy me General Assembly we're an example Of Improper
means or that there were no proper means to which The
terms could refer.
"in the example given by the State, Of declaring the
alien and sediton acts to be Unconstitutional and oi some
municdting the declaration to the other stales. mo ,ac.
OF improper means has appeared. And if the other States
had coneuIred IN mating a like declaration, supported too
oy TIE numerous applications flowing Immediately from
me people, II can scarcely be doubted that these sis,pIe
means ,coufd haze been as sufficient as they are nnsx-
ceptionG6e. ~
cit is no less certain that other means might bore bs.,
employed, which are . richly within the limits Of he eon'
su1at'on; Inc legislatures OF the States might have
MADE a dTect representation to Congress, with a view -
obtain a resembling OF he tive oneusive act,: n r rbev ~,
nave represented TO their respective senators in Congress
'neT to'sh, mat ftc0 thirds thereof tcouid propose az, or
Pidndfo'y amendment TO the constitution; or two mid.
OF themselves, il such had been their option. migb,. NV s~
appneauon TO Congress, hare obtained a contention for
"1hese several means, though not equally eligible I'm
themselves. nor probably, TO the States, were all consti-
fuhondhy open Tor consideration. And If The Gamer,
Assembly, aher declaring the two acts TO be unconsli,uion.
al, the hrst and most obviou. proceeding on the .nh;s.,
did no. undertake 10 point out to the other States a cl,oi,e
anohg me a'ther measures hat might become neeessa-
ry aud proper, the reserve will not be mis- construed bv H.
oersl minds into any %cuipable imputaiiop."
Now, we ask boldly of the most candid enou;rer
alter truth-we ask it of Gen. Hamilton b;nscIc
where among these means does he find this absurd
neresy oil Nullifcation@a heresy, in fact. which
Is calculated to change the whole theory of the pre-
sent constitution into the imbecility of The orf;desor
coYederdhon-and absurd, because il professes ~
place us out of the Union, and an it at the same mo-
ment!
TO THE EDITORS OF THE Eyoupr,
having read IN a late number Of the o.. S. Telegraph.
some ha'sh' and, as 1t seems TO me, unfounded structures
on a passage in the late speech of our Senator, Mr.. Riyss
propose WIN your leave, to give in your columns the
evidence, which to my nind, has taken from them evsn
me sembianee OF truth. l have, also, observed yi,bou,
the least surprise, that the opportunity. presented by ,hssa
specious comments OF the Editor of the Telerraub bas
been snatchcd with an eager avidity bv his rscant liz
and co adjutor oil the Richmond Wig, for yrosslw s nmy,
lCIlUE lOTlu MS accumulated laa al -
wrath" Pe"VuP
with the abusive animadvcr'ions of the latter, I have
no concern. L leave them toiexci,e the contemnt NJ j..
preJ,diced minds, and crafty the cravings of lbai ,y;ro,.
mdhgnity, Tor which the instinct of his own provoIln.
appetite Tor detraction fits him to cater with necuI;a,
,as'e' out am anxious, that the plausible structures of the
iorner, should be subjected to the test of an impor,iai a -
animation and that the question, presented by them.
public. % "' "'
II is contended by the Telegraph, that Mr., Rives has
Inexperienced the answers Of the States which respond
ed TO the Virginia Resolutions of '9S and $50. i'm saving.
ne does IN this speech, that they explicitly denied the
sTt,a;on n"srm9 10 declare an act Of Congress aneon-
Sfdtes'' The true nature of the question, is in some de.
gree mysihed by the effort of the Telegraph to trace a
dsilnction IN meaning in these resolutions between r
cIDING, and DECLARING a law of Congress TO be nm.
constitutional. BY an attentive examination of the con.
heHion In which they are employed, we will find Tia,
nese TWO terms are really used in the answers of these
states, as strict synonimes. Indeed, in the ordinary i'm
pU. i our language, they are susceptible of the same
constructions; Tor, declaration of our opinion on any par
ucuiar question is, in fact, nothing more than our injiyi.
dual decision upon it. We are properly said to decide q n
any snuJect, when our mind has come TO O 6x.d cot
ued, ana determinate conclusion in regard to il. and whom
we give that decision 10 the world, it is barely me derIo-
ration Of our mature opinions. In this sense. therefors
these two phrases are clearly taDtamount. But If il he
sought 10 ascrbe TO this term The technical force which /,
1@s, when used to designate the final, and authoritative
deciStons ~ the Judge, then ii advances a claim O The
part oil virginia, OF which she surely was wholly uncon-
scious. No other State then suspected her of considering
that by virtue of her declaration OF the unconstituIonaIts
ty oil the Alien and Sediion acts, she had ipso farto nro
nounced an authoritative decision, or Indictment binding
1n u rest OF me States, aud actually annulling these
laws. 1t this had been the real objection, wby was n
not noticed in the Report Of 1900, and why did the L.-
glslature simply treat it as an objection to their right Of
dect0rtnS a law of Congress unconstitutional? If this had
been her own understanding Of her resolutions. wbv Ala
she permit the enforcement OF the more odious of these
two acts, at the very seat of her government. under the
view OF her highest constituted authorities?
u Tins view OF the relative import of these phrases be
IoIe't' ~ very suuslratum OF the argument of the Te-
iiegraph Is removed. In order to establish its correctness
| beg leave TO call the readers attention i'm the frs, nIace
70 te resolutions OF Massachusetts. This State, as the
Ed''or admits, expressly construed the Virginia resolu-
ions INTO =" an assumption of the right to DECLARE fAs
dctS ~ me national Government ncOnstituffonaLn In
therefore, subsequently, denying, &" that she either herself
canned n right or admitted the authority Of any Of the
Stale Governments 10 DECIDE upon the constituionaIi,v
oil the acts OF the Federal Government she evidently re.
lerd'eS IN SYNONYMOUS terms the same sentiment by va
rying the term from DECLARING TO DECIDING ON the
consUlutonaIity of laws Of Congress. But as this Editor
Is sorely puzzled TO know how she could contest such, a
Hgnt 10 virginia, while she was herself exercising il. il is
su'hcieht Tor my purpose, as am neither the guardian Of
her nVhor' nor Tie advocate OF her consistency, to give
ml ner own excuse, which WAS lest her silence
should be construed into disapprobation, or al best into a
DOUBT oil The constitutionality of the acts, referred TO bv
Tie State OF Virginia, and because the General Asseublx
OF virginia has called for an expression of her senii.
ments." gnu
The course pursued by the State of Delaware, will. no
u'ouo', appear less Perplexing, and inconsistent, 10 This
S!'gi'ar'y CONSISTENT Editor; for, she very u~nceremonious-
y ueated The Resolutions from Virginia, {" as a yery un-
Jus"ndoie interference with the General Government, and
constituted authorities OF the United States, and OF dan
gefous tendency; and, therefore, not a 1T subject for The
further consideration of her General Assemble " J%o
me preremptory manner ia which the Legislature of tIis
State thus denounced the course of Virginia, and refused
TO consider herresoluions, presume that il will be readily
conceded, that this body, at least. denied the right of =
STATE Legislature to declare a law of Congress unconsti-
tutional. 'o"'"
The State of Rhode Island, after assigning /" In tho
+ edeIal Courts, exclusively, and to the SUPREME Court NJ
inc United States, ultimately, the authority of deciding
on the conshtutionality Of any act of the Congress, of Tie
Cn'teu states, and denying to any State Legislature tho
rgut 70 assume such authority" came 10 the following re-
That although, for The above reasons, this LeeisIaturs
y, meV PuoHc capacity, do not feel themselves authoriz-
ed TO consider and decide on the constitutionality of the
Sedliion and Alien Laws, $50 calIed)-yet thew are called
upon by the %exigency Of this occasion. TO decIase thai. q,
heT pirate opinions, these laws are within the mowers
IeIegated TO Congress, and promotive Of the public wei
Here, then, the right of a Legislature TO decide mr. de.
care an opinion on a law Of Congress, is denied If nos
expressly, at least, by a strong and necessary jmpTeation,
or, u a Legislature has no authority even 10 coNsIpkn
te uncohsuiutionality Of such a law, a foyfoyf. have
.ncy nc nght 10 declare an opinion in relation 10 il; and "A
Is worthy oil remark that the General Assembly of Ills
o!S.e under'ook merely to declare, " in their private OPT