'//7 '■.
Da\ie\
>ERS
I be al-
'de, and
Stables
«r.
chiKivc
of the
cxperi-
to give
—Cm
ioHC -vvho
:c petti 0-
•ded o\ir
Ihom \vi!
IS to the
tynieiUB
collec-
»ds.
[ERS.
1-F
iH
he Ktill
tS at Iviri
|ich Mint,
line, anti
|conipU‘tc
ice of tlie
^mediate
1S41.
kounrosv to
Ide of Mr.
}t ot' May,
rrell, oprn
JOS, W. HAMPTON,
\Vc u-ill clins^ to the pillars of ike ConstitJition, and if it viust fall, ire'/l perish ami'lst the ruim.'^
Editor and Publisher,
VOt,UME 1,
CHARLOTTE, N. C., MARCH 23, 1841.
NUMBER 3.
TERMS:
Tho ISIccklenbiirf^ Jiffersonian" is weekly, at
Tiro Dollars and Pifty Centft, if pnid in .-idvanoe; or Three
Dollars, if aot paid before the expiration of thbee months
from the time of subscribing. Any person who will proi ure
nix Pubpcribers ami beronio responsible for their subscriptions,
shall have a copy of the paper y;ratis or, a club of ten sub
scribers may havo the paper one year for Ticmty Dollars in
aJvanco.
^o paper will be discontinuctl while the subscriber owes any
t)i!n2[, if he is able to pay;—aiul a lailure to notity the I'Alitor
of a wihh to ilisi-ontinuo at least one month before the expira
tion of the time paid fur, will be considered a new enyagenienf.
Advfrtisement^ will bo conspicuously and correctly insert-
ci at fjnc Dollar p'T sriuare for the first ins rtion, and 1 ircn-
C''cnt'i for t^ch continuance—exe i>t Court anti otlu r
jii'iicial advertisenit nts, which will be cliiirged twenty-Jre per
rciit. higher than the above rates, (owin!^ to the deltiy, gene
rally, attt ndiint upon collections). A liberal discount will be
nride to those who advertise by the year. Adv. rtisenients sent
in for publication, must be marked with the number of inser
tions desired, or they will be published until forbid and charg-
(>1 accordingly.
Tj’ Lotters to the Editor, unless containing money in sums
of five Dollar/i, or over, must come free of postage, or the
amount paid at the otViee here will be charged to the writir,
in every instance, an.i collected as other accounts.
PROSPECTUS OF THE
fee..
will make
market, of
ks of’ the
[Is, Porter,
%
nds, Figrf,
1 Oysteri?,
ptlie-r ani-
j
Intlridy for
Ltomers *0
Lie article,
kil |>ortion
1 1-F
PT.AX-
TER. :ind
fcon li.>;t of
ler to add
ndvanta-
|utlditioii;il
um. -.. hi -h
j>r;i'cs ol
1G1;>TER
m.
pi d»!i.shrJ
iges each,
lilso, •* Pre-
id consint-
|n a single
litioiii. the
|ank notes,
jotlirrwib^*,
Isiih.'Criber
[r (rxcept
must be
lri.sk of lotss
liners cMi'
Irhich iiavc
tlie lutndfi
Ibe disron-
folunie had
jmiance for
Iriouce with
Ivill nut be
di.sluT and
as soon ;i«
and aft4T
hption will
diricontin-
thereon
itlitor.
fnjiiflfmfion
■^t. Toeve-
\ictl)j a«’cor-
ll. and H..)
b»; ipsticd)
or irj.stead,
k' of either
I rale ot‘ d*’-
nund»er of
rin" in wl-
Ho, ;ti»d in
condilionH
iT vol. 7 or
hy" new sub-
V. I. and II.)
red.
Pcd all the
k and wha
lof the fort'-
, hiK choire.
110, to be ifc-
K)V’e st.'itedv
individualf.
liy postolfice
[every sut h
)ut the like
lar advantti-
Ir, upon the
iployed for
jriber, post-
lis own pro-
[•egoii)^' pre-
puhlication
Idntss
lUFFlN-
it mail pny-
itcic-payinii
t'the States in
fthc publisher,
must sub-
ithe non-spe-
^aluc bctwci ft ‘
r^to the puh-
' a third pt;r*
(Signed)
: M
The present is the fir.st ell’ort tliat has been niatle
to establish an ort^aii at tlie birth-jilace of Ame
rican Independence, lliroui^h which the doctriiu's of
the Dcmocnitio Party einiKl be tVeely promulerated
and defended—in winch the irri'at prhiciples ot' Lib
erty and Equality lor which the Alkx.vndkrs, thi*
PoLKH, and their heroic compatriots penlh'd their all
on the l^Oth May, 1775, could at all times liiul an
unslirinkini^ advocate. Its sncce.s.v rests chit'dy with
tlie iiepubhca/i party of Meckleidjur^—and to them,
and tiu‘ Republicans of tlie surrounding country the
appeal is now made for support.
The JelTersonian will a.^sume as its political creed,
those landmarks of the R(*}'ublican Party, the doc
trines set forth in the Kentucky an»l Vir.ii'iuia Reso-
hitiotis of 17yS—helievinjx, as tiie undersiirn('d does,
that the authors of these papers, who bt>re a conspicu
ous pan in framing our system of Governrnen?. were
best qualified to hand down to posterity a correct ex
position of its true spirit—the best jiulires of wliat
powers were deb'gated by, and what reserved to,
tlic Stales.
It will opj^ose, as danorerous to our free institutions,
tlie spirit ot Trioiiopolij^ which has been sttvilthily, but
steadily increasin>^ in the country trotn the tbunda-
tion ot our (Toverument, The most wdious feature
in this system is, that it robs the maxv', impcrcoptibhj,
to enricli the few;—It clothes a tew wealthy indivi
duals with power not only to control tlu^ wages of
the laboring man, but also at their pleasure to iidlate
or depress the comiU'Tce and business of the whole
coantry—excitinj^ a spirit ot' extravagance, whicli it
ti-rminates in pec\miary niin, and loo often the mor-
deorad.'ition ol its victims. This system must bi*
;[thorouf^hIy rt forrnt-d. before we can liope to see set
prosperity smiie alike upon ail our citizens. To
aul in jjroducin;^ this reform^ will be one of the main
o.ijects of the Jeti’ersonian. It will war against e,r~
chus'ive pririlcgf^s, or partial le^n.'tlafion. under what
ever guise granted by our Lejrislatures; and, there
fore, will oj)j»o.se the chartering of a Ututed States
Internal Improvements by the Federal Gov
ernment, a revival of the Tarilf System, and the new
le leral scheme oJ the General Gov'ernment assurn-
iniZtopay to foreign motiey changers two hiuhircd
ritiUiom of dollars^ borrowed by a tew States for
lov-al purposes.
As a question of vital importance to the Soutli,
and one which, from various causes, is every day
:tsvuming a more momentous and awful aspect, the
.f-tVersonian will not tiiil lo keep its readers retrularly
;'rul accurattdv adA'ised ot the inf)veinents of the
[Northern Abolitionists. It must be evident to all
eiui.lid observers, that a portion of the party press of
the South have hitherto be«‘n too silent on this sub-
i 'ct. VVe shall, thenMbre. without the fear of being de
nounced as an alarmist, lend our luimhle aid to assist
in awakening the People of the South to »lue vigi-
huice and a sense of their real dangtT.
bile a portion ol the cohnnns ol the .Tetlersonian
v. ill be devoted to political discussion, the great inte
rests of Morals, Litkratuhk, AGniriM/rrnE, and
t’le Mechanic Arts, shall not he neih‘ct‘d. With
tlie choicest selections on these subject.s, and a due
qtiantity of light r ading, th(“ Editor hoj'es to render
liis sheet agreeable and protitable to all classes in
society.
Orders for the paper, poMas^r paid, addressed to
the “Editor of the JetVersonian, Chariolte, N. C. ”
will be promj)tly complied with. ' ’
Postnjasters are requested to act as Agents for
tlie paper, in receiving and forwarding the names oi
subscril'(*rs and their subscrijition.s.
.^-1^ The Terms of the pajjer will be found above.
JVS. W. HAMPTON.
Cliarlotte, March 5, 1811.
■ i O ayiii.sy
IIAMPTOIS S School for the tuition of
^ -I ▼ H- Young Ladies in Music, was opened on the
‘ l')th ultimo. She will give lessons at her resiih'nce,
nearly opposite and very convenient to the Female
' Academy, on the following terms:
Vry Session of fire rnouths, in advance §16
“ end of Sess. 21)
Mrs. II. hopes, from her experience in teaching,
and by unrenntting attention to the improvement oi
her pupils, to receive a share of puVjIic patroiuige.
''harlotte, March 5, 1S41.
t'libinct of Minerals for Sale.
tlu
'I’E undersigned, as Administrator of the late
offers for sale the valuable CxAE-
‘ r ot MINERALS belonging to the Estate of
uecf usfd. A considerable porti(*ii of the collec-
ion-w.is iiiride hy ijoct. Austin himself, with much
care, and principally consists of Gold, Silver, Cop-
I'KR, and L.f \i) Orpj^ their various natural combi-
na ions, .«c ec^ted iVom the mineral regions of this
M)mi r\, jCteides a tnnnber obtained from Europe.—
t ffcnLemcn or literarv' institutions wishing
or any part of the Cabinet,
ii'ndrvJ^ ^irther Jnlornnntion, on application to the
DN
lat
^ ^cither^ hi- ^ Pci simR indebted to me for Beef,
acrmmt nre hereby notified
r eollec^ion now m the hands of Wm. Means
;»te payment cin^^ " make immr-
asi not be blamed fo^thr'' ^^ ^^^* otherwise I
t oiuiutu lor the consequences
^larch 10^ isv GOODLAKE.
2-3
PLANTERS’ HOTEL,
(LATE DAVIS’.)
civile
HAVING purchased the Hotel formerly Davis’,
will continue the establishment on the same li
IxTal scale as hen'tofore, and will exert themselves
to make.it a dt'sirable residence lor BOAR DER S
and TRAVELLERS, as their Table will be al
ways supplied with the best the market allbrds, and
their Bar with the best Liquors, and their Stables
with attentiv(' Ostlers and abundant provender.
The establishment will be undt'r the exclusive
management of Thomas A, Hague, formerly of the
Salisbury Hotel, North C’arolina, aiui his long »‘xperi-
encc will, it is coiitidently hoped, enable him to give
general satistaction.
CamdiMi, S. January 29, 1811. 1—fim
KEW^O^RNr
JOHN B. ROUECHE respectfully announces to
tlu' citiz(MiiB of CharlottJ' and the pul)lic general
ly, that, having purchased the stock in trade of Mr.
John O’Farrell he will, on or about the 1st of May,
at the stand now occupied by Mr. O'Farrell, open
the most extensive and complete stock of
*^°£gRTrs'
COXI'KCTIOXARIKK, &c.,
ever brought to the Charlotte market. He will make
.^^PUBLrCAN
MR. MADISON’S REPORT ON THE VIR
GINIA R E S OLU TI ON S.
House of Delegates, Session of 1799—1^00.
Report of the Committee to whom were refeired
the communications of various Stut. s, relative to
the Resolutions of the last Gene ral Assembly of
this State, conceniing tho Alien and Sedition
Laws.
Whatsoever room be found in tho proceed
ings ol some (j1 tlu* fctatcs, who have dis'ipprovixl
of the rtsolutions of tin* ioneral Assembly of this
Cornmonweuhh, passed on the 21st day of'l>. ctin-
ber, 171*8. for painful remiiks on the spirit and
manner ot those pr(X!(*eding5, it appears to the coin-
♦ i.. , I ,• le • .M , . ' i niittee most consistait witii lludutv as wt 11 as ditr-
the stdection lum.sell, m the (. harleston market, ol , i - i * •• »ni
every variety of WINES AND LIUUORS of the I > ' -eneral Asst^mbty, to hasten an obli-H.n
very* best (pialities—together with Cordials, Porter.!?* every cirouinstance, which niigbt ]>e constiihd
Nt'w Ark Cider, Caiulies, Raisins, Almonds, Fiijs. • hito a dini!nutn)n of nuitual KSpect, coiitiib nce and
Oranges, Chee-se, C.'rackers, Fish, Fresh Oysters. ' '
Til.
Sugars, ('oll'ee, Peppt'r, Spice, and every other arti
cle pertaininer to the groc«‘ry business.
As J. IJ. K. will makt' his purchases entirely for | which hav«‘
Cash, he will be enabled to supply his customers on
the most accommodating terms tor the same article,
or at short credit to responsible dt'alers.
He solicits, atul hopes to receive a liberal portion
of j)ublic patronage.
Charlotte, March, o, IS 11. 1-r
alfectioti, ainong the nieinbers of tho Union.
in a vague sense, and sometimes in different senses,
according to tlie subject to which it is applied.
Thus, it sometimes means the separate section.^ of
territory occupied by the political societies witliin
each; sometimes the particular governments, estab
lished by those societies : somt times those societies
are org.>niz* d into those particular government^;
and lastly, it means tin; people composing those po
litical societies, in their highest sovereign capacity.
Although it might be wisiicd that the perfection
of langtiage admitt^d less diversity in the signifi
cation of tli(' same word.s, yet little inconvenience
is produced by it, wh' re the true s* nse can be col-
leot( fl with cr;t;iiiity from ihediiTeixnt ap]dications.
In the ]): es; nt instance, whi.tever diiilreiit con
struction of the tlif t«“rm ‘-States,’ in the resolution
cipic on which our Independence itself was de
dared.
But it is objected, that the Judicial authority is to
be regarded as the sole expositor of the Constitution
in the last resoit; and it may be asked for what
reason, the decl.aration by the General Assembly,
supposing it to be theoretically true, could be re-
qtiired at the present day, and 'in so solemn a man-
ner.
On this subject it might be observed, first: that
there may be instances of usurped power, which
the forms of the Constitution would never draw
within the control of the Judicial department; Se
condly, that if tile decision of the Judiciary be
raiSt'd above the authority of the sovereign parties
to the Constitution, the decisions of the other de-
may have b- en  ntertained. all will at least concur j paitments not carried by the forms of the Consti-
in that last mentiontd; because in thj-t s nse, the j tiition before the Judiciary, must be tqually au-
(.onstit'.ition was stibmittel to the ‘^St des,” in th d | thoritative and final with'the decisions of that de-
pa: tmoit. But the proper answer to the objection
is, that the resolution of the General Assembly le-
lat( s to those great and extraordinary cases, in
\\ hich all the forms of the Constitution may prove
iiiefilctual against infractions dangerous to "the es
sential rights of the parties to it. The resolutiejn
supposes that dangerous powers not delegated, may
not only be usurped and executed by the other de-
prrtments, but that the Judicial departmmt, also,
may e*xercise or sanction elangerous powe*rs beyond
tlie grant of the Ccjnsfitution; and, consequeutly,
that the ultimide right of the paities to the CV>nsti-
hns been dan-
itions by one
.s- nsethe ‘-Stall s'’ ratitied it: and in th:it sense of the
term “ Slat, s” th y are consequently pa.tie'S to the
compact from wliich the j)0\vers of the Federal
(Jovernment result.
7’he next position is, that tlK- C«e.neral Assembly
views the powers of the Federal ^TOV('rnment. “as
limitt'd by the plain sense and intention of tho in-
strumnit constituting that coinpact.” and “‘as no
larther valid than they are authorized by the grants
therein emnnernt-d.” It doe^s not S’*em possibh*.
that any just objection can lie against either of these
claust s. The liist autoimts m‘*rely to a declaration. . .
that the compact etugbt to have tlie inte"rpr tation | judge \\ hether tli»-compact has
tdiinly inti n b d by the na\ti(S to it; the otii'r to a j \iuUt('d. must extend to violati
declaration, that it ought t> have tlie exe-cution au'l autlioiity, as will as by another; by the
efl. ct nif'nd'(I by them. If tb.e powe
\ alid. it is Solely because tliey are irranted: and if ■
rs eranted b* ! as by the Executive*, or the Le-
the firm of A, Bencini and
M. w. Alexander is this day dis-
solvM'd by mutual consent. All persons having anv
claims against said company will ])resent them to
A. Ijencini, who is fully authorizt'd to settle the
same. M. W. ALEXANDER,
A. BENCINI.
March 2, 18 H. i_3t
T
.iFarmns’ liesietrr.
HE recent Union of the CAROLINA PLAN
TER with the FARMERS’ REGISTER, and
the consequent addition to the subscrii)^on list of
about 1.000 names, will enable tlie publif^lier to add
something tbrthwith to the privileges and advantii-
ges before otfered to su!)scribers. These additional
advantages will V>e seein in the third pn*mium, which
in now added helow', and in the advertised prices of
back volumes annexed;
CONDITIONS OF THE FARMERS' REGISTER ! shicere and lirm adherence.
of the
Federal compact, proceeds to inft i j 'i'hat. in caS(*
of a d( lib* rate, j.alpable, and dangvrous exercis> ol
other powers, not granted to tht* said compact, the
Slat» s, who are j'.aitiis theretcj. have the right an l
are in duty bound to interpose for arrestnig the pro-
rrt ss of the evil, and for maintai
cee.naiittee have deemenl it a m'*re useful
task to re\ise, with a cn'tical eye, the K'solutioiis
ich hav«‘ met with this dis.ipprobation; to ex- j oth' r powers not granted, must jiot b^ valid
in»' lull\ the seve'ial eiitjei.-.tions anl arginnenls The re.solutioji having taken this vi*-w
which have appeared agam.st thnn; and to iiuiuiie
whether there can be any errors of fact, of piinci-
ph', or of reasoning, which the candor of th»- G u-
eral Assembly ought to acknowledge and correct.
They?/-.v^ of the resolutions is in the woids fol
lowing ;
That the General Assembl}' of Vir
ginia doth uneqtiivocally express a firm r'.sol;iti(>n
to maintain and defend the (’ nst>.utTon of the TTni-
ted St.'iK'S, and the Constitutjon of this State, against
every aggressim, e ither foreign or dome^stio, and
that they wiO support the Ciovf iiimentof the Unit( d
Stat^ s in all m( iisures warrantetl by the former.”
No unfavorable comment can have been maele on
the sentiments here expr» sse*d. To maintain and
ilefeiid the Constitution of the United Statfs, and of
their own State, against evfrry ujgression, both for
eign and domestic, and to snprxjpt the Governmtm
of the United St it s m all measures warranted by
the Constitution, are the duties which the (it ne-
ral Assembly ought always to f el, and to which,
on such an occasion, it was evid' ntly proper to ex-
Fof the. Ni)ith Volume,
TO BE COMME.NCKD JA.N'UARV, 1S41.
Article I. The Farmers’ I\egiste*r is published
ill iiiouthly numbcTs. ol 64 large octav’o pagt's each,
at^'5 a year, payable in advance. [See, also, ‘‘ Pn*-
miums” btdovv.J It is now' also issued (and consist
ing ot nearlv the same matter) weekly, in a .single
sheet ol 16 pag(*s octavo. Price and conditions the
same for both publications.
II. All mail payments must be made in bank notes,
or checks, of par value in Virgi.nia—or otherwise,
of a CITY bank of the State in which the subscriber
resides;* and all letters to the publisher (except
such as contain articles for jmblication,) nmst be
no.s7 paid ; and the* |)ublishe‘r assunu'.s the risk of loss
by mail-carriage ot all letters and remittances con
forming to the loregoing condition.s, and which havt*
been ])roperly committed to the mail, or to the hands
of a postmasb'r.f
III. If a subscription is not directed to be discon
tinued before the first number of the next volume has
been published, it will be taken as a continuance* tor
another year. SuViscriptions nmst commence with
th(* beginning ot some one volume, and will not be
taken for less than a year’s publication.
IV. The mutual obligations of the publisher and
sid)scriber, lor the year, are fully incurr»‘d as soon as
the first number ot tlu^ volume is issued; rind after
that time, no discontinuance of a subscription will
be p(*rmitted. Nor will a subscription be discontin
ued for any earlier notice, while any thing tiiereon
remains due, unh*ss at the option of "the Editor.
Premii'.ms in ejtra ropien, ojf'ered in consideration
of either adravced or early payments.— 1st. To eve
ry subscriber who shall pay lor v’ol. 9, strictly accor
ding to the above conditions, (in articles I. and II,,)
before the 31st January, (when No. 1. will be is.sued)
an extra copy of the same shall be sent: or instead,
if preferred by him and so ordered, a copy of either
vol. 7, or vol. 8. In like manner, at same rate of de
duction, any ou(* pt rson may obtain any number of
copies to sujiply others.
2(1. To every subscriber, not thus paying in ad-
I'ance of the p\d>lication, but who shall do so, and in
:dl other r(*spects comply with the above conditions
before June 30th, an extra copy of either vol. 7 or
vol. 8 shiill be sent; aiul the same to every new' sub
scriber, paying as above required (in Art'. I. and II.)
at the time of his subscription being ordered.
3d. Every subscriber who has'’received all the
back volmnes of the Farmers’ Register, and who
may be entitled by his payment to efther of the fore
going pn*nnuins, instead of them may, at his choice
and by his direction, be credited for vol. 10 to be is
sued in 1842. ’
Remarks.—Any extra copy, sent as above stated
will be directed only to the name of the individual
entitled to it as a premium ; but sent to any postoffice
that may be desired. The sending of every such
e.rtra copy will cease with the volume; but the like
arrangement may be renewed, and similar advanta
ges ol)tained by any .subscriber hereafter, upon the
renewed performance of like conditions.
No agents or general collectors are employed for
the Farmers’ Register. But any subscriber, post
master, or other person, may obtain for his own pro
fit the large allowances oflered in the foregoing pre
miums, by procuring the benefits to the publication
lor which the premiums are oflered. Address
EDMUND RUFFIN.
Petersburg, Va., Oct. 31, 1840.
* It will be asrain required, (as formerly), that mail pay
ments shall be made in the notes or checks of specie-payinff
fcaw/'v, should any sueh banks be in operation in the Stat* s in
which subscribers severally reside. Lntil then, the publisher,
like all other creditors, ana laborers at fin;.‘d prices, must sub
mit, ns now, to be dtfrnudcd by the operation of the nt>n-spe-
cie paying bankint? system, of the difT rence in value between
the best of such bank paper and sp* cie.
t “ A poBtmaster may enelos'’ money in a letter to thf pub
lisher o/ a newspaper, to pay the subs^'rintion of a third per
son, and frank the letter, if- writteji by himsLlf. (Signed)
Amos Kcndull, Po^ma8ter-GL.nera].
In their iTsolution—•* The General Asstm-
bly most solemnly ibdares a warm attachm* nt to
the union of the States, to maintain wnich, it pledges
all its powers; and that, for this .n^l, it is their duty
to watch over and o]ipos** every infraction of those
principle's, which constitute the only basis of that
Union, because a faithful ol»servanct' of them cuii
alone secure its e*xisleuce and the ])ublic happin* ss.”
The observation just made is equally applicable
to this solem dt'claration of warm attachnu nt to the
Union, and this solemn pbelge to maintain it; nor
can any question arise amony^ enlightened friends
of the IJ nioii, as to the duty of watching over and
opposing every infraction of those princijiles which
c(mstitute its basis, and a faithful observance of
which, can alone secure its exist* nc(\ and the pub
lic happiness thereon cb pen ling.
The third resolutiim is in the words f(jllowing:
“ That this Assembly doth explicitly and pe‘r-
emptorily declare, that it views the powe-rs of the
Federal (Tovernment, as resulting from the com
pact, to which the Stat' S arc parties, as limited by
the plain sense and intention of the instruuient con
stituting that c()mpact—as no further valid than
they are authoriseil by the grants enumerated in
that compact; and that in case of a d liberate, ]>al-
pable- and dangerous exercise of other powers, not
granted by the said compact, the Statts who are
parties thereto, have th(* right, anil are in duty
bound, to interpose, for arresting the progress of the
evil, and for maintaining within th*ir respective
limits, the authorities, rights and liberties aj>per-
taining to the'm.”
On this n solution, the committee hav'e b( stowed
all the atteritiem which its importance merits: They
have scanned it not m*rely with a strict, but with
a severe eye; and they feel confidence in pronoun
cing, in its just and fair constrvction, it is unex-
ceptionahly true in its several positions, as well as
Constitutio7ial and conclusive in its references.
The resolution declares; first, that “it vi-ws the
powers of the Federal Government, as resulting
from the compact to which tho States are paitie'S, ’
in other words, that the federal powers are derived
from the Constitution; and that the Constitution is
a compact to which the States are parties.
Clear as the position must seem, that the Fe deral
powers are derived from the Constitution, and from
that alone, the committee are not tmapprisud of a late
doctrine, which opens another source of federal
powers, not less e'xtensive and important, than it is
new' and unexpected. The examination of this
doctrine w'ill be most convenie'ntly connected with a
review of a succeeding resolution. The committee
satisfy themselves here w'ith briefly remarking, that
in all the contemporary discussions and comments
which the Constitution underwent, it was constantly
justified and recommended, on the. ground that the
powers not given to the governmerit, were w'ithheld
from it: and, that if any doubt could have existed
on the subject, under the original text of the Con
stitution, it is removed, as far as words could re
move it, by the 12th amendment, now a part of
the Constitution, which expressly declares, “that
the powers not delegated to the United States, by
the Constitution, nor prohibited by it to the Stat^ s,
are reserved to the States respectively, or to the
people.”
The other position involved in this branch of the
resolution, namely “that the States are parties to
the Constitution or compact, is, in the judgment of
the committee, equally free from objection It is
indeed true, that the term ‘ States,’ is som*jtimes used
the grantfd powers are valid, btcause grant.d. all j | fhere-fore. it may be that th.« Ju-
I diciai departnuiit is, in all questions submitted to it
j by th* lorms of tlie Constitution, to decide in the
j last nsoit, this rf sort must necessarily be deemed
j the last in relatiem to the authorities of the other de
partments of the Government; not in relation to
tiie rights of the parties to the Constitutional ce^ni-
pact, from which the Judicial as Avell as the other
dvpartiiKnts hold their d legatfd ti^I^ts. On any
gnssof the evil, and for maintaining uithm their ^'ny
r.sprctivo limits. .urhr.,iu.s, .ivi.ts and liUi- '>’■■>*• hvpott.. »^ ihe power
- a’>')-it M ii^ to them ” woui.l annul the authority deb gatmgit; and the
, ’ . , , . . . concurrt r.ce of this d'^partment with the otiicis in
It aonears t»> ye.or comnnfte to rM* nl.dn nrni,'; . ... ,1 . „ 7 f . 1 I
- partme
ap])ea;s to v*'ir commifte to >h* a plain pr:nci . usurp. •} ]>uwe.s, m;';ht sul veit forever, and beyond
pe*, mounded m common s. ns-. illustrated by com- j ,}i,, I- nach of any rightiui re medy, th.
nion practice, and e.ssenli;.i to tlie n.jtuie of e-om-j (_‘e-)ii-tltuticn, Avinch aJi ‘ '
pacts, that, where resort can be harl to no t. ibuiinJ
very
t!tutiMi, Aviiich aJi we-re m?:tjfut‘»t to preseive.
, 1 • , I 'Pile' trutJi dtci ir^d ;n the usolutie.>n be ing * stab-
snp.T,or lothe nml.onlyofUi.. tt., pa.t,. s J |ish. i, ihe , vn-,li, i.cy of m^,kintr the declaration
tlieniselves tniist tie tlie riffiitAil imlg. s ii. the last-; at the pres, lit n.'iv saf. Iv be'l. ft to the t, inner-
iri^Al'T ^ c...,si.lrn.tioii and candid jtiagn.ent of the
or '>olated^ The C „i.. itul.on of ti.e U was American p,.I,Uc. Ic will he reir., mben d, that a fkc-
K,r,md hy the sanction oi the.plates srivenhy each ,,u, nt r.ctirrence to fundamental DiincinI.s
r.; 1 """r ■ "^‘-jlh.m-h in ale.« degree than others: And a fair
pacity. It Wlo>ys of nec. ssity. ihat_t!iere can be no I comparison of the political doctrinis not imfreqnr.t
res, . ‘ I'i'''' P«® nt day. i.ith those- that characterized the
Hsoit. «h. t]..-i (he conipaa made by th. ni be viola- epoch of our U, volution, and which forms the ha
led; an.I consu,u. n ly,^ hat.^as He p.iMies to it, they sis of our Republican CWitutions. will b,« l it
must tin insi Ivcs decide, in the^ last resort, such
questions as may be ofsufiicient magnitude to require
their interposition.
It does n t follow, however, that becaus'* the States
publican Constitutions, will be^st deter
mine wh( thei the declaratory recurrence here made
to those principl'v s, ought to*be viewed as unreason
able and improper, or as a vigilant discharge of an
impeirtant duty. 7’he authority of Constitutions
as sovereign partu'S to their ("onstitutional compact, j over (TOvernm( nts. and r.f the sovereignty of the
nmst uhimatejy decide whether it has been vnd-tted. j people over (.‘onstifutions, are truths which are tit
that such a dtcision ought to be interpe)se(l. either in all times necessary to be' ke-pt in mind; and at no
a hasty manner, or on doiditful and inferior occa
sions. Even in the case* of ordinary CHinventions
Ix tween differ* nt nations, where, by the strict rub’
of interpn tation. a brevich of a part may be deem« d
tim*, perhaps, more nect ssary than at present
Tho fourth rr*solution stands as follows :
“ That the General Assemby doth also express
a condition of every other part, and of the whole - | P i‘‘!,^iet, that a spirit has in sundry instance\N,
I >)een manifisted by the Federal Government, to eii-
every part being deemeel a condition of
part, and of the whob*, it is always laid down that
the bre-ach must be both wilful and material to justi
fy an application of the rub*. But in the case of
an intimate and constitutional union, like that of
tho United Stat ss, it is evidt nt that tlie interpo-
sitie>n of the pajties, in their soven ign capacity,
can be called for by occasions only, dt eply and i s-
sentially allecting the vital principb s of their politi
cal system.
The resolution has accordingly guarded against
any misapju’ehension of its obji ct, by expressly re
quiring for such an interposition, “the case of a de-
liherafe, palpable and dans^erorts breach of the
Constitution, by the (‘xercise of powers not graiifed
by it.” It must be a case, iif)t of a light and tran
sient nature*; but of a nature dangerous to the great
purposes for wliich the constitution was established.
It must be a case\ moreover, not obscure or doubtful
in its construction, but plain and palpable. Lastly,
it must be a cast* not re'sulting from a partial con
sideration: or hasty determination; but a case stampt
with a final corisid.^ration and dcdlberate adherence*.
It is not necessary, because the re solution dose not
require, that the question should be discussed, how
far the exercise* of any particular power, imgranted
by the constitution, would justify the interpetsiton of
the partie’S to it. As cases might easily be stated,
which none would contend ought to fall within that
description; cases, on the other iiand, migbt, with
equal e^ase, be stated, so fl.igrant aivl so fital. as to
unite every opinion in placing them within the de
scription.
But the resolution has done more than guard
against misconstruction, by expressly referring to
causes of a deliberate, palpable and dangerous na-
large its poweis by forced constructions of the cen-
stitutional charter which defines them; and that in
dications have appeared of a eb sign to expound cer
tain general plirases (which having been copied
f.om the very limited grant of poweis in the for-
nie*r articles of confederation, were the less liable
to be misconstiueel) so as to destroy the meaning
and efil ct of the p»!uliar enumeration which ne
cessarily explains, and limits theguieiaJ phrasts;
and so as to conseilidate the Stat' S by de grees, into
one soveie ignty, the obvious teiidtncy and inevitable
resuh of which would be to transform the prese-nt
republican sy.stein of the United States into an ab-
sohite, or at be st a mixe d monarchy.”
The first ejueston here to be considered is, whc-
th(*r a spirit has in sundry instances been manifest
ed by the* Federal Gove'rnment to enlarge its pow
ers by foiced cejiLstructions of the constitutional
charter.
The Ge neral Assembly having declared their
opinion, mere ly by re;gre tting in ge neral terms, that
forced constructions lor e nlarging the Federal pow'
ers have take ii place, it does not appe ar to the com-
mitte*e necessary to go into a sp'citication of eveTy
instance to which the r solution may allude. Tiie
Alien and StditionActs being particularly named
in a succ*eding resolution, are of course to be un
derstood as included in the allusion. Omitting oth
ers which have b'ss occupie d public attention, or
beui less extensively regard^l as unconstitutional,
the resolution maybe presumed to refer particularly
to the Bank Law, wliich from the- circumstances of
its }>assage, as well as the latitude of constructie-n
on which it is founded, strikes the; attention with
singular force, and the carriage tax, distinguish* d
also by circumstances in its history having a similar
ture. It specifies the ohj-^ct of interposition which | te ndeiicy. Those instances alone', if re sulting- fiom
it contemplates to be seilely that of arresting the
progress of the evil of usurpation, and of maintain
ing the authorities, rights and libertie’S appertaining
to the States, as parties to the Con.stitutlon.
From this view of the resolution, it would seem
forcMl construction, and calculated to enlarge the
powers of the Federal Governmtnt, as the commit
tee cannot bit ccjnceive to be the case, sufiiciently
warrant this part of the resolution. The eiominit-
te*e have not thought it incumbent on them to e x-
inconceivable that it can incur any just di.^pproba-! attention to laws which fiave bee n object
tion from these*, who, laying aside all momentary
impressions, and recollecting the genuine source
and object of the Federal (.^onstitutiejn, shall can
didly and accurately interpret the meaning of the
General Assembly. If the deliberate exercise of
dangerous powers, palpably withheld by the Con
stitution, could not justify the partie s to it, in inter-
jioslng even so far as to arrest the progress of the
e vil, and thereby to pre*serve the Constitution itsedf
as well as to provide for the safety of the parties to
it, there would be an end to all relief fiom usurped
povv'ers, and a dir« ct suV •. ersion of tlie rights speci
fied or lecognis. d unde r all the State Constitutions,
as wedl [»s a plain denial of the fundamental prin-!
e el to, rather as varying the constitutional elistribu-
tion of powers in the Federal Government, than as
an absolute enlargement of them ; l>ecause instances
of this sort, however important in their piincipb s
and tende ncies, do not appear to fall snrictly within
the text under revienv.
The other questions presenting themselves, are
1. Whether indications have appe-ard of a de*sign
to expound ce*itain general phrases copied from the
••Aitichs of Cemfederation,” so as to destroy the
eflt Ct of the particular enumeration explaining and
iimitiug their meaning. "Z. hether this exposi-
tion v»'f)uld by degrees consolidatt* the States into
one se»\ ere ijfnty. 3. Whether tiie tende iicy «md re*