Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-02-05
MIR. MADISON'S AUTHORITY.


ern Convention is commended as having the sane
ton of Mr.. Madison's authority:
Mr. Madison in his report upon the Virginia reso-
utons sad the Enquirer proves such concert OF ac-
ton between the States to be of redress both
necessary and proper ln this connection, he says;
"'And if there be no improperly in declaring the I'M
constiutonaly OF proceedings in the Federal Govern
ment, where can be the improperly OF communicating
the declaration to other States, and inviting their concur
renee in like declaration What is allowable Tor one
must be allowable for all and free communication
among the States, where the Constitution imposes no
restraint, is allowable among the State Gorerhens
as among other public bodies or p1sate en-, dis s
be forced, in their to escape oppression to rely ex
clusively upon the means here suggested:
cannot be forgotten, that among the arguments
addressed to those Who appehended danger to liberty
from the establishment Of the General Government
over so great country, the appeal was emphati-
caly made to the intermediate sristence Of the State
Governments, betpeen the people and that GoUern-
nent to the vigilance with which they would descry
the first symptoms of usurpaon and to the promptitude
with which they would sound the alarm to the public
This argument probably not without its effect and
if it was proper one then to recommend the establish
men OF the Constitution, it must be proper one now
to assist it in its interpretation"
1t is mistake proceeds the National Integencer
that Mr. Madison approved any united action" among
particular States, by means of Convention Southern
or any other or any combination between them Tor tue
purpose OF administering violent remedies or OF re-
sisting Of Congress by other means besldes
the Judiciary than those OF argument persuason and
the ballot box 1t is libel upon the fame OF Mr.. Madi-
son, from which we feel it to be our duty to rescue ~ TO
attempt asten upon his character such anti-consu-
tiona and disorganizing doctrines He never could, as
a statesman patriot, have committed himself in such
manner. Most fortunately for his reputaton-most
fortunately as things have turned out for the country
he has left upon record his own Interpretation OF his Re
port upon the Virginia Resolutions Of 1885, in which he
scaers the winds the whole fabric OF false construc
ton which designing men have erected upon 1t. AS
sufficient vindication OF his well as OF
his unwavering devotion to the Union as 1t as we turn
to Letter addressed by him to the Editor OF the North
American Review dated at Montpelier, August 1880,
in reply letter written 10 him. referring TO the pro-
ceedngs of the Virginia Legislature OF l79S-99 as APP
pealed to in behalf of the multiplying doctrine which had
then just doomed into existence. Without WORD o.
superfuous) extract from the letter the following
passages touching the points embraced in the Enqurers
argument:
the one operating in all the States the others operating
separately in each, with the aggregate powers Of Co
vernment divided between them, could not escape
attention that controversies would arise concerning the
boundaries of jurisdiction, and that some provision
ought to be made for such A political
system that does not propide for peaceable and au-
,vould not be than the shado0 Of Government,
the object and end of a real Government being the
subst tuition Of law and order for uncertainty, confusion,
and violence"
"The Constitution has expressly declared, THAT
the Constitution, and the laws made in pursuance
thereof and all treaties made under the authority Of
that the Judges oevery State shall be bound thereby
any thing in the constitution and laws OF any State to
the contrary Notwithstanding 3, that the Judicial
power Of the United States shall extend to all cases in
law and equity arising under the Constitution the laws
the United States, and treaties made under their au-
thority, &C."
"Should the provisions ofthe Constitution be found
not to the government and rights OF the States
against usurpaons and abuses the part OF the United
States the nal resort wihn the purUieao OF the Con-
sitution lies IN AN AMENDMENT OF THE CONSTITUTION,
l J;,,o. lie, hxyfI oS tofnS
"And in the event OF the failure OF every consttu-
tona resort, and accumulation OF usurpatons and
abuses rendering passive obedience and non resistance
greater evil than resistance and revolution, there
remain but resort, the last of allan appeal from
the cancelled obligations Of the compact to original
rights and the law OF selt-preservaon. This is the
ultima ratio under all Governments, whether CONSOLE
Dated contederaed, compound OF both; and can
not be doubted that single member of the Union, mot
Confederacy of States-Editorsl in the extremity
supposed BUT THAT ONLY, would have right, as
extra and unconstitutional right to make the ap-
peal.
"The constitution is a compact; its text is to be
t-making part Of the compact; and none Of the
parties can rghUully renounce the eTpounding pro-
vision more than any other part"
"That the Legislature lot virginia could not ac have
from the debates in the House of Delegates, and from
the address OF the two houses to their constituents on the
subject of the resolutions The tenor Of the debates,
which were ably conducted, and understood to have
been revised for the press by most, it not all OF the
speakers discloses no reference ,ohateper to conS
tutionat right Of individual State to arrest by force
the operation of Lalo Of the United States" Concert
among the States tor redress against the alien and sed
ton laws, acts of usurped power, was leading sen
ment; and the attainment OF concert the immediate
object of the course adopted by the Legislature which
was that OF inviting the other States to in de-
clarng the acts to be unconstitutional and to 00perate
by the necessary and proper measures, in maintaining
unmpared the authorities rights, and liberties reserved
to the States respectively and the People That by
the necessary and proper measures to be concuTeny
and co-Operdtipely taken acre meant measures KNOWN
TO THE CONSTITUTION particularly the ordinary control
Of the People and Legislatures Of the States the
Government OF the United States, CANNOT BE DOUBTED
at worthy OF remark, and explanatory OF the in
tenons of the Legislature that the words mot law but
utterly NULL void, and OF force effect, which had
followed in Of the resolutions the word 'uncons-
tutional, struck out by common consent Though
the words were, in TACT, but synonymous with uucon
sttutional yet to guard against misunderstanding
of this phrase more than dectatory of opinion, the
word unconstitutional alone was retained, not liable
to that danger.
1.-The published address of the Legislature to the peo-
ple their constituents, affords another conclusive evil
dence of its views, The address them against
the encroaching spirit OF the General Government; ar
CUES the unconstitutionaly Of the alien and sedon
acts points other instances which the constitution
al limits had been overleaped dwells upon the DANCE
mode OF deriving power by impication and in
general presses the necessity of watching over the con-
solidating tendency of the Federal policy But nothing
is said that be understood to look to means Of
maintaining therights Of the States beyond the regu
lar ones, WITHIN THE FORMS OF THE CONSTITUTION.
If any further lights the subject could be needed
very strong is reflected in the the re-
solutions by the States which protested against them
The main objection OF these, beyond few general
complaints of the nhammatory tendency of the reso-
utons, directed against the assumed authority OF
State Legislature to declare a law of the United
States unconstitutional which they pronounced an I'M
warantabe interference with the exclusive jurisdiction
of the Supreme Court of the United States Had the
been regarded apo,oing and maintaining
right in an individual State to arrest by force the
execution of lar Of the United States it mast be
presumed THAT IT WOULD HAVE BEEN A CONSPICUOUS
OBJECT OF THEIR DENUNcIATIoN.
After this exposure (says the Integencer this is,
presume the last shall hear OF any appeal to the
views of Mr. Madison in support OF doctrines which
strike at the root Of all cioiL government
THE DEPOT AT CHATTANooGA.-The Ringgold Re-
nnhcan of the 26th inst SAYS This depot is crowded