Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-10-01

pretended at the time, LAY not now be obvious to those
unaequaineu with tue c,u.e.npJrirJ indications and
impress Ons.
''But it is believed that, by keeping i view the dis
JUNCTION between the governments OF tn Satl and the
States in the i'll which they were parties to the
Observation-Disclosures the rights OF the parties in their
concurrent and in their il dvldual ,acries-between
the several modes and objects of inerposition against
the abuses OF power and especially bew en- inerpos.
lions within the purvew OF thu constitution and inter-
positions appealing fro the const tuition 10 the righs
OF nature, paramount TO all constlulions-with in-
tenon always OF explanatory 10 the views and ar
guments which were comba ed-the resolutions Of r-
glnla as indicated in the report them il be found
entitled to an exposition showing consistency in their
parts, and an inconsistency OF the whole with the doc
trne under consideration
''That The legislature could not have intended to
sanction such doctrine is 10 be inferred from the
debates in the House OF Delegates, and from the adj
dress of the two houses to their constituents on the
subject OF the resolutions. The tenor OF the debates,
which We're ably conducted, and are understood 10
have been revised for the press Dy most if not ALL of
the speakers, dlscloses no reference whatever to a
constitutional right in individual State arrest by
force the operation OF law of the United States.-
Concert among the States for redress against the
alien and sedton laws, acts OF usurped power
leading sentiment; and the attainment If
the immediate object of the course adopted by the
legislature which was that of inviting the other
States to concur In declaring the acts TO be unconstl
tutona and to cooperate by the necessary and pro-
per measures in maintaining unlmpaIred the authorl
ties, rights, and liberties reserved to the States
spcctvely and to the peoples That by the necessa-
nv and proper measures, to be concurrenty and CO.
operatvely taken. meant measures known to the
constitution particularly the ordinary control of the
people and leg<gres of the States over the govern,
ment of the Unfyd States, cannot be doubted; and
the lnterposiion of this CONTROL the event showed,
was equal to the occasion.
eft IS worthy of remark, and explanatory of the
intentions of the legislature, that the words mot law,
but utterly null, void, and of no force effect
which had followed in of the resolutions, the
ward UNCONSTITUTIONAL, were struck out by common
consent Though the words in fact but synon-
ymous with unconstitutional, yet to guard against
misunderstanding OF this phrase as more than declar-
atory OF opinion, the word suncons'ltlona alone
retained, not liable to that danger.
THE published address Of the legislature to the
people, their constituents affords another conclusive
evidence OF it's views. The address them
against the encroachlno spirit Of the general govern
ment, argues the unconstltutionalty OF the alien ard
sedtlon acts, points to other instances 10 which the
constltu onal limits have been overieaped dWes up
on the dangerous mode of deriving power by impll-
cation, and in general presses the necessity OF watch
ing over the consolidating tendency OF the federal po
Icy. But nothing is said that can be understood
to look to means of maintaining the rights OF the
Sta es beyond the regular ones, within the forms OF
the constitution.
'sIf any further lights on the subject could be need
ed, very strong one is reflected in the the
resolution by the States which protested against
them The main objection OF these, beyond few
general conn plants of the lhfiammatory tendency OF
the resolutions, directed against the assumed
thorty OF State legislature to declare law OF the
United States unconstitutional, which they pronoun
ced unwarrantabe interference with the exclusive
jurisdiction OF the Supreme Court OF the U. States.-
Had the resolutions been regarded avowlng and
maintaining right IN lndivlduel State to arrest by
force the execution OF law of the u States, must
be presumed that it would have been a conspicuous
object of their denunciation.
''With cordial salutaons,
GAMES MADISON"