The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-03-21
NEW BOOKS.
madison and the Union.

Inv Gaillard Hunt, who Is well known TO our
readers as the editor OF Madison's writings.
II cannot be said that biographies Of the
fourth President were previously lacking.
Tho weu-known Life by William @. Reeves,
hoveyer, stopped short at 1874, and the
.Life- contributed by Mr.. Gay to the Amer
,can Statesmen series seems brief In COM
harrison with the subjects long and active
career. The eight years Of Madison's adj
ministration have been exhaustively studied
by Mr.. Henry Adams In a work which is
recognized as authoritative, but it. did not
enter within the scope OF the authors pur-
nose TO give a detailed account Of those
horizons OF Madison's life which preceded
and followed his tenure Of the ofYice Of Chief
Magistrate. The memorable part played
by Madison in the framing md adoption
az the Federal Constitution - . member OF
the Philadelphia Convention and Of tho
virginia State Convention, and a. one Of the
principal contributors to the Federdhsf,
has been repeatedly set forth. Neverthe-
less, there was ample room for the book
before u.s. which will be found especially
valuable for the light II throws on Madison's
attitude toward notification and secession.
Il u the chapters dealing with this matter
which deserve particular attention.
II II well known that the Kentucky Reso-
buttons Of 1893 were drafted by Jefferson and
amended by John Breckinridge, who intro
duced them in the Kentucky House Of Repre-
sentatives, where they were adopted by an
almost unanimous vote. Madison bed no
hand In preparing the Kentucky Resolu-
tons, and never saw them until after his
own resolutions had been introduced in the
Virginia Legislature; but there had been
undoubtedly an agreement between him
and jefferson that Virginia and Kentucky
should say substantially the same thing.
Kentucky, however. went further than Vir-
einia did. and the time came whom 1t was
harder to explain the Kentucky Resolutions
than 1t was to explain those which Madison
had written. As Madison was not In the
Virginia Legislature at the time, he gave
the draft OF his resolutions to John Taylor
OF Caroline who submitted 1t to the House
without alteration. The draft prepared by
Madison declared the Alien and Sedition
laws unconstitutional. null. void and OF
no effect but. by general agreement,
the words null, void and OF no
effect were stricken out n liable to mis-
Interpretation. This was the only amend
ment made to Madison's draft.
OF the eight resolutions II In the third which
raises the question whether Madison can be
held to have sanctioned In advance the nulli-
fcation doctrine subsequently propounded
by South Carolina. This resolution de-
clared that the Virginia Assembly viewed
the powers OF the Federal Government a.
resulting from the compact to which the
States are parties, ~ limited by the plain
sense and intention Of the instrument con-
shutting that compact; as no further valid
than they are authorized by the grants
enumerated in that compact, and that, in
case Of deliberate, palpable and dangerous
exercise Of other powers not granted by the
said compact, the States who are parties
thereto have the right and are In duty
bound to interpose for arresting the progress
Of the evil, and for maintaining within their
respective limits the authorities, rights and
liberties appertaining TO them.' Mr.. Hunt
brings out the interesting fact that . part OF
the language just quoted was reproduced
by the Hartford Convention Of 1914 In the
course Of it's report, when 1t declared that
acts of Congress In violation Of the Oonsti-
tuition arc absolutely void Is an undeniable
position. But, in cases Of deliberate, dan
gerous and palpable infractious Of the Con-
sitution, affecting the sovereignty OF the
State and liberties Of the people 1t " not only
the right but the duty OF such State to
interposs its authority for their protection
In the manner best calculated to secure that
end II will beobserved that the Hartford
Convention used the singular noun State. >
whereas the Virginia Resolutions used the
plural States Much obviously depends
upon this distinction. The Hartford Con-
vention justified the notification Of Fed
eral Law by a single State. but Madison re-
peatedly protested that his resolutions con-
templated nothing Of the sort. He main
tanned that South Carolinas notification
doctrine was an absurd deduction from the
declarations which he had written. What
lie had In view was concerted action by the
States 10 secure repeal OF obnoxious laws.
or an explanatory amendment TO the Con-
stitution. The interposition was not 20 be
single. but concurrent. In word. the
Virginia Resolutions embodied an enun.
cation Of primary principle that
Of the sovereignty Of the American people
over their Constitution. Madison denied
that the Federal Government was . mere
power o. attorney. revocxbls 81 the will Of
any one % the parties granting IL. No
STATE he said, could af vsA seoods from its
constitutional compact with the other
States, the others must consent. OF there
must ~ an abuhs OF TIE opfnlsact sb-oiN-
ins u's -ro'-iIhs party from the obligations
inIs.-.-i by d.'
Madison aid that Edward Lslnss,on's
.I--.oh. delivered Ia tis senate March a.,
-" s,pr.--.d hls views Livingston sad
tia, II Wa an attribute ~ the sovereignty
Of the sla,s- 90 watch os.T the oI'sfa,ioss
81 tl.r t'-isfal GoVssa,ls.ni and IA protest.
trI ctl1sn. iToan usnonsiitutioilal ni.as'
ur~ Al as' sl,ioh. la the oI'snion ~ .
hsls. 90. Is.il..l,iy sla.,is-iiiatia,.al. iho.sh
saunsud ~ ii.s Lated stats. Aupfeins
Coat, o,uld 10 Inst as s.sss-,srd. IA dissn
vais haIa-l,. 'by demonstrating assii.si
o tY tYnss~s q, az .aai.-s a. the Iss-spls
D. u.uu slsaiis- ignniloias a. olaahss ~ Ma
si.iH tisrI Representatives ~ . slisilsi
siiis.s a. ii.s uiis.s h,siss, l shioL tl.sy
SH ta,r nsisi ~ ass'.afs ti.si ti.ss esan'
~ ir sst - VA, ,slslii si,lsasi, ssd ti.sns
i' tuii ~ la,'lsasli,s sis.ni.siisssis ~ il.s
iHssiuail,a AZ iiss isaaia,ssf lssi,sisd ssi W
ta h.sifaa,.ii. saa hasllr ~ ils 40 Ia
n',asf siag ulss.-~iss sna tissy had iiss
tifHrfs iiassi isiisstf lrnfsntsfiiak IA si.fese'
A.. 4. 80 - !.