Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-11-24

- "FkT IT =. T1.T-UE " TJUITU III IUV TI"IN.VH"--
Of some ct the States, who have disapproved + Tie
resolutions oil the General Assembly of this Common
wealth. passed on Tie 2ist day Of December, iGlS, for
painful remarks on the spirit ard manner Of these pro-
cecdlngs, il appears 10 the Committee most consistent
with Inc duty IS well as dignity oil the General .Lasen.
bly,, to hasten an oblivion 81 every circumstance winch
might be construed into Il d.minutlon OF mutGa! respect,
confidence and affection, among the members OF the
7 Jn.pn
The Committee have deemed il a moro. useful task,
to revise with 4 criiicnicye, the resolutions which have
met with this disapprobatIon 10 examine ful!y he Sc
vcral objections and arguments which have appeared
against them and 10 enquire whether there D. a1y cr-
roFs of Fact, Of principle, or Of reasoning, wsiee the
candor 81 the General Assembly ought 10 acnaow-
ledge and correct.
The irss Of the resolutions is in the words ioiiow-
ing:
Resoicel, That the General Assembly of Virginia
IS doth uncqriyocaily express Il firm resolution to main
g tain and defend The Constitution Of tie United
Estates, and the Constitution Of this State, against
"rsefy aggression. either foreign or domestic, ard that
"ia"y viii support tie Government Of tie United
estates IL al measures warranted By The former.
10 unsavorah!c comment can have been made OH tn
sentiments here EXPRESSED. To maintain and defend
the Constitution Of The \. =, and Of their own State,
against every aggression, both foreign and domestic,
and TO support the Government OF the Us. in all Hlea-
sures warranted Jy their Constitution, are duties which
the General Assembly ought always 10 feel, and =
which, on sliCn al OCCASION, Il was evidently proper +
express their sincere and i!rn adherence.
II ;licir next rcsoin,ion-'' The General Assembly
. most soleinaly declares = warrl attachment to TIE
q L mon Of the States, 10 maintain which j: pledges all
. lis powers; and that, fr this cnd, il il thci. dgiy to
g watch over and oppose every inE.action Of those prin-
g cip,es, which constitute the only bass Of that Jnion,
g because a faithful observance Of tiIem can alone 81
" cure is existence and The pubic happiaess.'
The observation just made Is equally applicable to
This solemn declaration, Of warm attachment to tie
[ mon and this solemn plcd. 70 to maintain il; nor can any
question arse anang enlightened friends Of the Union,
- To the duty Of watching over and opposing every in
fraction If those principles whici! constitute its basis,
and 4 faithful Observance Of winch can alone secure Is
existence, and lie public happiness thereon depending.
III" lizard resolution is IN lEc wG.ds following:
!" That tbs Assembly doth explicitly and p~erempto-
" riiy declare, that II views the powers 81 the Federal
" Government, a. resulting from the compact, 10 which
: the States are parties, a liA.i;ed By tie PLAIN sense
J. and intention III tire instrument constituting that
{" compact Is no further v"hc than they are authorised
:! by the grants enumerated in ;iat compact, and That,
- III case Of a Deliberate, p~alpahle and dangerous eAcr-
. cise Of other powers, not granted b. the sad COM
y . pact, The States who are parties thereto, have tie
g riuht, and are III du,y bound, 10 intcrposc, Tor arrest.
. inr tie progress 1T TIE cyI, and Tor maintaining
. within their respective limits, 'hc authorities, rights
. and Liberties aPpertaining IL them.
On this resolution, the Committee have bestowed all
the attention which is Importance merits: They have
scanned il not merely with a street, but with a severe
eve and they feel confidence IN pronouncing that, III
lis Just and far construction, It's unexccPtonably true
~ liz several positions, rs "cit rs Constitutional anu
conclusive III is in:crei.ccs.
The resolution declares, first, that 'it views The
powers Of the Federal Government, a. resulting FROM
The compact 10 wlicl, the States are parties IN other
words, tia. the Federal powers are derived from. The
Constitutions, and ilat the Constitution is q compact
To which the States are parties.
Clear us liz. position must seem, that the Federal pow
ers are derived from the Constitution, ard from that
alone, the Commit cc are not uEappriscd Of = late doc
trnc which opens another source Of Federal powers,
NJ ,t In.s - >l.nsivs and inl.nrfnnf. than IL il mo- aud nm.
expected. The examination Of tn!s doctrine Will DC
most conveniently connected with 4 review al 4 sue.
ccedimr resolution. The committee satisfy themselves
here with briefly remarking, that III al! the contemporary
discussions and comments which the Constitution M
dcrycni, il was constantly justified anu recommended.
OF the ground, that the powers not given 70 the Co.
vcrnmeut, were withheld from il: and that, i. any doubt
could have existed On iEis subject, under the original
text Of the Constitution, II j. removed, as FIR a. words
could remove il, b. the l2sh amendment, now Il part
Of the Constitution, which expressly declares, ssiliat
the powers not delegated 10 the l.. >, by the Cons,itu-
ton, nor prohibited hy it TO the States, are reserved TO
tho States respectively, or to the people
The other position involved III this branch of the re-
solution, namely, s'ihat the States are parties TO the
Constitution or compact Is, in the judgment of the
Committee, equally free from objection. 1t is indeed
truc, that the term estates, is sometimes used in a
vague sense, and sometimes in different senses, ac-
cording 70 the subject to which i. IS applied. Thus, il
sometimes means tho separate sections Of territory oc-
cupicd by the political societies within each, sometimes
tie particular Governments, established b. those so.
cieties: sometimes those societies as organized into
those particular Governments; and, lastly, It means the
ucoale composing those political societies, in the
i hirncst sovereign capacity. Although it might IL.
wished that the perfection Of language admitted
less diversity III the Specification Of the same words,
vel, little inconvcnicncy IS Produced by il, where
lhe true sense can be collected with certainty from
the different applications. IN the present instance,
whatever different constructions 81 the term estates,
in the resolution, may have been entertained, all
t ,.II ~. l,n1t ~ IN that Inst rp,t.1puI.-I
cause, in that sense, the Constitution was submitted
10 lie sStaies:' in That sense, The estates ratified IT:
and, in that sense of the term estates, they are conse-
uuenllv parties to the compact, from which the powers
Of the Federal Government. result.
The next position is, that tac General Assembly
views the powers Of the Federal Government, . IL IL
m:ted by the PLAIN sense and intention Of the instru-
meut constituting that compact. and g rs 70 farther
valid than they are authorised b. tie grants therein
enumerated. IL does not seem possible, that any just
I objection can lie against either Of these clauses. The
first amounts merely to q declaration, that the compact
ought 10 have the interpretation plainly intcnGed hy the
parties to il the other To Il declaration, that it ought
10 have the execution and effect intended b. them. Ii
the powers granted, I've valid, it Is sp.e!y because they
are granted and, il the granted powers are valid, be
cause granted, all other powers not granted, must not
he valid.
The resolution, having taken this view of the Fede-
raj compact, proceeds 10 infer, ";hat in case Of l Del.
+ bcratc. palpabie and dangerous exercise of other pow
ers not granted hy the SAID compact, tie States,
who are parties thereto, have the right and are IN cu'y
bound to interposc for nrTcstinG the progress OF The
evil, ard for maintaining within their respective limits
the authorities, rights and liberties a?pertainins L
them"
1t appears 10 your committee 10 be a plain princi
pie, founded in common sense, illustrated hy common
practice, and essential 10 the nature OF c%ompacts, that
4 where resort can he had 10 no tribunal, superior to the
authority Of the parties, the parties themselves must he
the rightful judges in the last resort. whether the bar
gain made has been pursued or violated. The Con
stitution of the L. ). was formed By the sanction OF the
States, given b. each in its sovereign cnpactty. j
adds to the stability and dignity. as well as to the au'
thority OF the Constitution, that it rests on this leg''t
mate and solid foundation. The States then, being
Tie parties to the constitutional compact and Ill then
sovereign capacity, it follows Of necessity, that there
can he no tribunal above their authority, 10 decide II
the last resort, whether tie compact made b. them bc
violated; and, consequently, that, as the parties to it
,hcy must themselves decide, in the last resort, suci
questions as may be Of sufficient; magnitude TO require
their ,nterposition.
1t does not follow, however, that because The States
as sovereign parties to their Constitutional compact
4 ,,,st uf ;u,.elv icc,dr whether il has bpcn violated