The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-15

Po"cis ny forced CONSTRUCTIONS oil the CONSTITUTIONAL
charter which defines them and that indications have
Appeared Of design TO expound certain general phra-
SEES (which, having been copied from the very llmed
grant Of powers in the former Articles of Coniedera-
tions were the less liable 10 be misconstrued SO as 10
destroy the meaning and effect of the particular emu
meration which necessarily explains and limits the
general phrases and to consolidate the States by
degrees INTO one sovereignty, the Obvious tendency
and inevitable result of which would be, TO transform
the present Republican system Of the United States
into an absolute, or, at best, mixed monarchy.
| That The General Assembly doth particularly pro-
test against the papablc and alarming infaciions OF
the Constitution, in the two late cases OF the hien
and Sedltlon acts passed a. the late session OF Con
gress the first of which exercises power no where
delegated to the Federal Government, and which, by
nnielng Legislative and Judicial powers to those oil
Exeeuve subyerts the general principles Of free gov
eminent as well as the particular organization ana
positive provisions Of the Federal Constitution ana
the other OF which acts, exercises in like manner,
power not delegated by the Constitution, but, on 'he
contrary, expressly and positively forbidden by one Oh
the amendments thereto; power, which, mole than
any other ought 10 produce universal alarm because
Is eyeIed against the right Of freely examining pub
Inc characters and measures and Of free communica
ton among the people thereon, which has ever been
Justly deemed the only edectual guardian OF every
other right
| That this State having by its Convention which
ratified the Federal Constitution, expressly declared
that among other essential rights, the liberty OF con-
science and the press cannot be cancelled apri9geu
restrained or modified by any authority OF the Y. ..
and from its extreme anxiety TO guard these rlghis
from every possible attack Of sophistry and ambition
having with other States, recommended an amendment
for that purpose which amendment was, in due Tune,
annexed to the Constitution would mark Ieproach
full Inconsistency and criminal degeneracy, II an IN
difference shown in the most papabe vio-
laton Of Of the rights thus declared and secured
and to the establishment of precedent which may be
fatal TO the other.
That the good people of this Commonwealth, having
f,aI m
ton for their brethren Of the other States the tues
anxiety for establishing and perpetualing the union OF
all; and the most scTupulous fidelity to that Constitu
tion which is the pledge of mutual friendship and the
instrument of mutual happiness; the General Assem-
bly, doth soemny appeal 10 the like dispositions in the
other States in confidence that they will concur with
this Commonw in declaring, it does hereby de.
clare that the acts aforesaid are unconstitutional ana
that the necessary and proper measures will be taken
by each for cooperating with this State IN MAINTAIN
ing unimpaired, the authorities, rights, and Liberties
reserved To the States respectively, or TO the people
That the Governor be desired 10 transmit copy OF
the foregoing resolutions to the Executive authority OF
each of the other States with request that the same
may be communicated to the Legislature thereof; and
that copy be furnished to each Of the Senators and
Representatives representing this State The Congress
of the United States.
1898, December 24th. Agreed to by the Senate,
Extracts from the address to the people, lohich accom-
panied the foregoing Resolutions
Fellow Citizens Unwilling to shrink from our re-
preventative responsibilities conscious of the purity OF
motives but owledging your right TO supervise
conduct, we invite your serious attention TO the
emergency which dictated the subjoined resolutions
Whilst disdain to alarm you by ill-founded Jea
lousies we recommend an investigation guided by the
GOODNESS of wisdom and decision bottomed on hrm-
ness, but tempered with moderation.
Ii would be perfdious in those entrusted with the
GUARDIANSHIP OF THE STATE SOVE-
pElCNrry ri npda 4 ha solam obiua
of the following oath: :" do swear that will support
the Constitution of the United States, not to warn
you of encfoachmens, which, though clothed With the
preiext of necessity disguised by arguments OF ex-
peJency may yet establish precedents which may al
lmaely devote generous and unsuspicious people 70
| all the consequences of usurpcd power.
Encl oachments, sPrnging from Goye.nmen ~
whose ORGANIZATION CANNOT BE MAIN,
| TANNED WITHOUT THE COOPERATION
OF THE STATES, furnish the strongest excite
menis upon the State Legislatures TO waichiulness,
| and impose upon them the strongest obligation 10
| PRESERVE UNIMPAIRED THE LINE OF
| PARTITION.
The acquiescence Of the States under nractions Of
the Federal Compact would either beget speedy con-
soIidation by precpitang the State Governments IN
TO impoency and contempt, prepare the way for
revolution, by repetition of these infracons until
the people aroused to appear in the majesty OF their
strength 1t is TO avoid these calames that we exh-
bit the people the momentous question, whether the
Constitution of the United States shall yield to con-
sructIon which deiies every restraint and overwhelms
| the best hopes of republicanism.
Exhortatons to disregard domestic usurpaton, until
foreign danger shall have past is an artce which may
be forever used because the possessors Of power who
are the advocates for its extension create
tonal embarrassmens to be successfully employed to
sooh the people into sleep, whilst that power is swell
ing silently, secretly and fatally Of the same cha
racter are insinuatons of foreign influence, which
seize upon audable enthusiasm against danger from
abroad and dsort it by unnatural application, as TO
blind your eyes against danger at home
The sedition act presents scene which was never
expected by the early friends of the Constitution 1t
was then admitted that the State sovereigntes
only diminished by powers specifically enumerated, or
necessary TO carry the specified powers into effect
Now Federal authority is deduced from implication
and from the existence of State law, it il inferred that
Congress possesses similar power of legislation ;
v hence Congress will be endowed with power Of
legislation in all whatsoever and the States will
be srpt of every right reserved by concurrent claims
of a paramount Legislature.
The Sedton act is the offspring ofhese tremendous
pretensions, which lnlct death wound on the sOve
regnty of the States
For the honor of American understanding, we will
no, believe that the people have been auTed into the
adoption Of the Constitution by affectaton of de-
finng powers, whilst the preamble would admit
slructlon which would erect the will Of Congress into
power paramount in all cases, and therefore limited
none. On the contrary it is evident that the objects
for which the Constitution was formed were deemed
atainable only by particular enumeration and spec-
fcation Of each power granted to the Federal Govern
mcnt; reserving all others to the people, or to the
States And yet il is in vain search for any spec
fled power embracing the right of legislation against
the freedom of the press.
Had the States been dcspoed of their sovereignty
by the generality of the preamble, and had the Fede
| raj Government been endowed with whatever they
should judge TO be instrumental towards the union
justice, tranquility, common defence general welfare
and the preservation of liberty, nothing could have
been more frivolous than enumeration of powers.
All the preceding Arguments arising from defclen-
cy of constitutional power in Congress, apply to the
Alien act and this act is liable TO other objections pc
culiar to itself Ii suspicion that aliens DANCE
rous, constitute the justification of that power exer-