:: I'' - -...i;iHt ' hr I i't; '.; ' v-r. - 1 v 1 PUBLISH RO EYBRY, SATURDAY, , BIT THOMAS WA'ia' ; i-Tfarec Dollar per annum payable la nce. No. L reriod thaD one year i and no paper w.l XueJ,anUHaata&e.arePaid!nleS, et the option of tntf rubbsher. House of Representatives, DtC' l. 1823. , ;;, k.m clearly affirms the control of hch he traces to the d,v,s.on oune r. r 1. nr ooliticat syst m, and bv compann , con the sever. T r4.;,d bver lb Snionr that ihObetPW W meter. Mr. iviaaison issmm uc in his report allmfed to he, saysr Al he resolution having taken this vie wof the fe dral compact, proceeds to infer, that tn casr of a deliberate, papa ble, and danger ous exercise of other twwert, not granred bv the said compact, the states,; who are parties thereto, have the right, and re in duty bound, to interpose for arresting tht progress of the vJ, and for maintaining witbin their respective limits; the aothori tie's, rkh's, and liberties appertaining to them-' 'l appears to your committee to be b plain principle, funded in common aense, illustrated by common practice, and essen lial to the nature of compacts, that jfhere resort cn be had to no tribunal superior.to the authority of the parties, - the parties fhcmsrlve most bp the rigbtlul judges in the last resort, whether the bargain made basheen r arsufd-WT violated The consti tution of the United States was formed by the aanction of the states, given by each in in sovereign capacity. It adds to the sta bilicy snd dignity, as well rs to the authori ty of the constitution, that it rests on this legitimate and solid foundation, the states thn being panics toMhe constitutional com- pact, end in their sovereign Capacity, ' it fol Joss of necessity, that there can be no tri bunal above their authority to decide in the last tegort, whether the compact made by thni be violated, and, CopsqijentIy,that i the parties to it, they must themselves dffde in the last resort, such qaestipus as day b? of sufficient magnitude to 'regain their interposition." To these the ho less exphcii i pinion of , Mr JffiVtson may be edd(.d,ho in the Kentucky resolutions 6ri tht; rame suhject states, IhnV the govern B e .i cieated by this compact was not made the exclusive, or final judge of the; extent of the powers dIeated to iNelf, since that would have mad its discretion and hot the crnitHtjoii ihe measure of iis powers butr"1" f nature, ana as lenamg to leeoteness that is in ail ibpr eases of Compact among parties, hdvinp no common judge each par! ty has one qual right to judge for itself; ;aspceay p' supreme power in cverjr com- ell of inflection as of the mode and cm- I l ime and xpefienre confirmed mVo Bion on this f.l! inmoriant noint. The il.Mbai. it not comrojiea, sucn power masi ne- h riuts cuizruv nearly a quarter of:a cen- ua aneiwrfrds, in she yeai i 82 IVex pressed fcmwelf in this mohtic manner. " It is a iaai nrresyvvn says, to suppose that eihr oor state governments aire" superior to Hie tuleral r the ledeial to the state: nei ti er is authorise, literally to deddr wh' tl(.i.gs o its.'lf, ur its Copartner in gt)Verotf n-tni: "in- oiff rences of opinion betweeri ir.eii difiTfnt sets of public-servants tht erpe-.l is to nenhfr, but to their employer. pvareb!v bssembh d bv their renrent Jf i;f.s o. convfrntioiv' If to these authori I, hich so explicitly 'sffiim the righf ot the 3 tea in their sovereign eapaehy, to de de bt.tb on the infraction bf tbeir rights, nd their remedy, there be added the" sw lemn df-cisions of the . legislMtores of t wo leading $talf,s roinia and KentuckyJ'and I A I m . ne impu-u sanction of r majorityV of the lares in the inDonant Dolitical fevnhition hich shortly followed, and" hrriughy?r. fr," be scarcely pcslbfe; todd to-the "r'Sn pi emhority. bv. which, this funda. l Pr,r'ciple In our yium Is sustained 1 "v tommiitee lfvhie Jhus established rpose in order to protechheir dci nnot be necessarv to besiow mneh tim n order to meet possible objecfioVsVTarii. Tar,y a they roust be raisedrbot agains "eseundnessof the argument by bich thf Posttionis sustained which they deem un. -"ciuie, Dut agamst apprehended con j;quences, whkb, eVen if tfueywould so muchan obiectionvto ih rn.,.lnr the commhw: ar t.v . It is objected, in thw first place, that the v.. iw iuierposef.-rests tt re inftrencewithoiit any express prvi ?on ,D the constituiionand thai it is not to "'upoosedj jf ihe onsUtution contempla? : Jhe ercise or e poWeri of uch: higi , yfna ii nuuiu nave oeen lett to Trence'aluhe f In antxm-t l!ii nmmMf." J uld ask hose who. raise the objection, fv-F.oi tne supreme coutt aw flncftTnt!f..iM.i :' vv ? the constiiotionalfioht of thi-fliVirtJri.cdem fif. Kii n.u:.u iu . . " , . .:. . - tUa. iiilimi jrivikmmonf the strong in I 'ivii, iuey are penoaaed-, will be lm??Vc."?. nd,on mvestigaiton, destitAite ofW uider these ifsnressmni th- rommi :i asoire to ofilte br Distinction Ne to discuss the objections w ith all J'ghe and most important P 'y' Muon, if, aiso rests ou were interencebut that no t, express - provision der .fit tctpre y. certainSef he Simple "facts tteC the4 judgta Ml ?Iannai the "I constitution is para. sacsVoait tt.thtV qwt imposes a necessity on the cjritto tJecjarethe lattevpld wbeoevet it:omeVtntoicppflict ith itbe fcrmerl so frim fiiVjfact dtded and ibajrie states bold their pof tii in the. aame soverergn capacity with thVgenral government by like; necessity, th is the:right bf: judging of thetinfrac ti$i of 'their sovereignty, as well as of the reledy, f The ided uction5 In the one case i ; no(learer thab the other but if we refer tn e nature of opr constuotion the light of tf state stands on stronger grounds than t iti thf o-istrlbulioft of ponbtyen tfTe genefa! ad state gbvernmehts, the consti; totion professes to enumerate those assign ed- to the5 iormer; in whateyeri cfepartmerit they day be vested j while; the powers Oi the latter- are: Reserved jn general terms, a'tthnut an attempt "atr enumeration. It therefor raites a presutiptiod against the powers of the Court to i declare a law uricon stilutiunal, that the power is not enomerated among thoe .belonging to the judiciary. While th b' omission to enumerate among st the powers of the States that to interfere and protect their rights', being strictly, in accord with the principles on which: the framers formed the . constitution, 'raises notl th sUghte9t prewmptiori agafnit its existence. : It is next objected to the power that it places the minority oveHhe majority, in qp . position to the whole theory of oiijr govern riient, ; and that its consequences -must br feebleness, anatchy, and finally disunion. J it is impossible to impose any Hmitation oh Sovereign power, without encounteriti mitt its supporters t his very objection ; and we accordingly find that the history of every country which has attempted to establish free institutions, proves, that on this point the opposing parties: the advocates bl power and of freedorb, have ever separated, ft cousmute8 we essence or tne controversy between T the natricians and plebeians of ihf Roman repttbffC of the tories arid whigs in England J ;of- the Oltras and liberals in France' and fin airy of the federalists and recniblicani in not own countrv: xrs illnatrV. ted by Mh iIadljOh's Report y and if it were proposed to give 6 Rusvia or Austria' a re presentation of the people, it would form the point of controversy between the impe rai and popular parriesr;It is rnfct ni ft all surprising, that to a people unaccuain- ed with the nature ot liberty, ana inexpe fienced in its blessings, all limitation on the supreme pover should appear incompatible Pn anarcnv-. ? , '-''---':r;:'y . Wature tas not permitted os to oouDt tne po1 u an "H 0,c Perceive, Uad to abujte 5 and still higher ef- Vx to understand that Hnay be cftecked wnoui cesiroyiog us aopremacy. iui .us nowever wno unow, irora jour own.experi iice and "that of i tither - free nations, the truth1 of botr) .'these positions J. and afsO that power can Be irerrdered oseful and secure by twing properly checked,- if is indeed strange that any unteirigent citizen should consider UmrtatWo in soverere.ntyy as mcompatible wiih its nature- or should fear dartger from ny bek properfy lodged-, hkb may b necessary iw ar curr any uisnuci nu iiupi tapt interests . That there are such interests rWnresenteci bv th states, and that on prm- ctple the states alone can proffer them, has oeen nrovea ? ana 11 on iy: rem a ins,-m oruet 10 meet "ilie objeciiony to pro yey that for, th is purpose the-slates may .be safely entrfsted i,nepower.n iur cuiuuiiuce uu uui goaM, mistakef it riever.' has in ipy country fTor pnder any institutions, been; lodged, whert; it was rless liable to abused The great.nunj! ber by whorn if must be exercised, a majo rity of the people of one of the staWs, the solemnity of the mode, the delay, , jhe deli beiation art aircalculated tb allr the ex- turrtjMances itou parttOpresw uhjess the violation ble, deliberate ude rnwhich the istiU f?orce pfpubfic ; opinion whicl wuld pe PKrooht to bear On ber the deep reverence caseust ever thrbthe Mhe.mtrioritf"iiiSh (he general covernmit,?'and,wpo! atand ieady to take aid vantage of an rtprin tb ? ??Stt-:y'?i-ltu-:&t A"nAArfnl nrm these kin mint, maiiiruv. rz iiirTil ?nnt Kin"? but the 5 1 ruth nd ; Fi&;&e:oTopw the par t-Uhe rciseNdf the bower; no il it snouiu w "r : uc esuoiaiene enecr! ; wnicn a recognitiprfo(the pdW adoriirilstratioVljoth governments. On th fwer pessarily produce; in thwerise ordoubi M power, the most marked moderation. On thd atter; a feeling y wohlo" ebctually prevent jealousyahi mosity and hatred and j jius ive scope to the;ridral attachmim Cut withhold ihis protective power from tlje . wtrj' a indtii reverse of all these happy consequences '.fas:foftovf:rcrir however thf Commttjee will -"jtof;;:7 tttiitfeir fc lo-o-ldes" crtbe, as tht living exa mpf e 0 discard, ha trdcl, and jealpdsyi threateO-nianacchy and UissolutioQj must imprespri elery beholder a more ayvtd picture, than wat they couht piisibiy ?dra w.' The Vdminuance of thi$ mtharjpjfcat affect ion, leaving the jgovernment tc b su tftiucuL uy turee insieao or oatriotism. : in taci to him who will duly reflect' it must br apparent, that' where there are I irowutant separate interests to preserve thereis n alternative bot a veto or military fori. It these, deductions be Correct- as cannpt be Noumea; men unaer mat states of moflera lion and security, followed by mutual kind ness, which? mustj accorf3iany the acknow ledgment ofthe right, Iheiecessity of exer cising a veto would rarefy exist : and tH; posdibtlity of abuse, ion the part of the staje. wodld almost be wholly t temoveii. Its ac ".'cugcu rAiatvucr wpcuu'inus superaeoe1 its ; eterhse. But suppdsrin this the com mities to be' hiitaken sti there exists a suffici-rit feOiedy for the d$eaSe. As bigb as is the pow er of h States in their indivi dual sovereign capacity, it is not the highest power known to out systefc There is a still higher power; placed above ill, by th express consent of all; 1 the rating and pre serving power, deposited in the hands of 'hree fourths of the UnitetJ States, which, uuder the character of the amending power, can modify the whole system at pleasure, and to the final decision o( whicii it wouhf be political heresy to object, tiive .then the veto to the Stat e and admit its liability to abuse by them; and what is the enVct. but to create the. presumption against the constituiVnafify of the disputed powers e'n ercised by; the general government, winch il the presomptiort be well founded mut com pel therrf to abandon it ; but if rrot pit gen eral government may remove ft by invoking this high pou er to deiidS the qopstion in the fbf rrt of an arandment to the consiitu tion. lf (he decision fee fa VorfM'feld . the umrcil 4j r zm mm. nj qj ii tU Contf tw- rtve power will be converted into a certain aifd express eranf. On th omer nand, tt it be adverse, the refusing tantamount to inhibiting o ran l will be s exercise: and tnus in euner case me controversy win o . i , . . ... -i . i.- . . -. . ... peaceably determined. Slch is the sum of its effects. And ought not i sovereign state, in protecting the minor a id local interests of the country, to have a p wr to compel a decision ? VVitbout it,can the sy stent itself exist ? Let us examine tt e case." To cero- uel the state to appeal agpnst the aets of the general government, by proposing an amendment to. the const jtut.iOn,s would be perfectly idle ; Tbe veryfcoriipfaint is that 4 majority of the sfatss,' through the gene ral government, by force Of construction, urge : powers not delega ?d, and. by; their exercise1 increase tneftr weihh r and power at the eipenSB of a minori How absurd then to compel one Of thffu Fared states to ! attempt a remedy j 6y proposing an amend ment to be ratim?d . by thlee fourths of the siatesv when thefe is by pupposttion a ma jorjty ofj posed to if. ; fiar .would It be less absurd to lpect the general government to propose, an amendment J in order to settle tbe point disputed, ani?ss compelled to tiiat course bv the tatef HOnv their pari I there can 6e no inducetneht. 'vThey have a more summary mode of aksoming the po wer J-by construction. 'The consequence is clear. .Neither would appeal o me , amending power the one because if would be useless; and the Other because it could effect i 1 s ob- iect without it Under the operation of this supreme coniroiimg power, to wnose inter position no one' Can object; &t controversy between' the statesaod general government would' be thtts ;adjusftd and the tidh would gradually acquire by its constant interpositron in tmpomnr cases; aU the per fection of which the work of nlen is suscep tible, -ltiarthu-that the creative will be come: :thpre$ervin power ; and we may resi assureu nai ins hu i mmc iu pviuiv than-in divrnkythat the TOTtreriwhlcb cre-j LaieS can:!aIonfipreierv preserva lion is perpetual creation. ? oucrr win oetne pperatiottp tthettoH , If indeed it iiad the etteci oi placing tne state oVhegelnerargoyw i ect jouould be (BiiFolrii ihmajority anTiproe trusteor wiin.ine-upFeujcwwwf, neither cart the minority; and to transfer it ?roixi the fbrmVr to the latter,; would be but tbe repetUionof ;the! bid error of mktng hetter; undeicla monarch aiainsttbeJmpreJoppressive;tyran itAiifv tiTfllh constructed republics. v Bui it js not the cons'ecuencerof proper checks to changeplaces between the majority and the nunorityIt leaves thewer con trot , iiir 0Treme as is eujut.ucu in our iittticiary i - ' 1 1 ' v ii? nMWn ilithl iM.ftl J T 'u Sbliucalinstitutionsbyi tuerpperationoi ackitowiedged .checksThe iower of the to declare an," vwutf v nature of our government, ever, supposed it really 3 w(ed (When xfified td: its proper object) a uprenie power jn the court 'over congress' 6r the state legislatures ? ; Such could be rteither th intention nor Its proper Effect. The check wai given to the judi ciary to protect the supremacy of the con stitution over the acts of legislation, and m t o set tip a supreme bo we in the court. iHie! ;cohstituionS has provided Vanbthei check, whicril! stilt farther iHtistrate th nature of its operation.; A mong thevarious interests' which exist ndef?dutX complex system7 that of large and sniall states are 4imong the most ' pruminent and among the most carefully guarded in the organisation of our government; t To settled the? relative weight Of the stated in the system $ and to secure to each the nieans of mainlaining its pt 9pervpoVca ; cotiseuence-in its pT tion, wnre nniongst the mo&t difficult duties n framfng the constitution; No on subject vccuped greater soace irf th nroceedinns of the convention. ; In its final adjustment; tbejafge . states had assigned to them a pre f ori.terating influence in the house of repre sentatives, by ha ving there a weight propor tioned to thejr number's ; but to compensate which, atid to secure their- political rights against this preponderance, the small states had an equality assigned them in the senate, while in the constitution of the executive branch the - two were blended. To secure ihe conseefuende alfotted to each, as well As to insure duf deliberation in legislation, a veto is allowed to eafch in ihe passage of bills ; but it would be absurd, to sappose tht this Veto placed either above the other; or was incompatible with the portion of the sovereign power allotted , tp the bouse j tht? senate, of the president; ; It is thes that our system has provideii appropriate Checks, Vvitfi a veto to ensurV the supremacy of the constitution oVer the laws ; and to preserve .the due importance of the states, considered in reference to large and small, without creating discord or weakedihg the beneficent energy of the ga vernment; and so in the division of sove reign stithoritv between the general, and tate governments, and in granting an effi cient power to the lattery to' protect by veto the minor against the major interests community, the framersJ of the consthutiou acted 'in Strict conformity with the principle which iiirivariably preVu1sv throughout .the hofe syhtem, whenever separate interests xist; They- w&feVin tiriith ; pbordinary men. . f bVy were wise and practical men, enlichteOed - by ; bistorvlajld ' their own n. our coufrtry through a most important! revo iutiohf rfnd urrderstood profoundly the na ture of mail and .of gdverhment. They saw and felt that there existed in our nature the necessity of a govern rdent, which to ef fect the Object of government must have (adequate power. They saw the "selfish predominate over the social feelings, and that witrroot a government with socb pow ers, t un iversal ; convict an d anarchy m u l prevail among the compotienfpart of soci ety j.bdt they ,aIso clearly saw, that our ; na ture remaining unchanged by change of Con dition, that unchecked power from thfsy try predominance of the selfish over fhe social feeling,' which rendered goverrmient riecesV sary, woold of necessity lead to corruption and oppress kn on jhepart of those invested with l itsv exercise" Thrja u the necessity of government and of chacks originate iff the same great principle of our nature, through which the very selfishness, which; would impel thoVe who have power ta desire more than tlieir own,. will also, with great energy. Impel those on. tfhora ; power may operate to oemano ineir own ? ana rn rne oaiancf of these opposing . tendencies from 'different conditions, but ortvinating ra the same prin ciple of action, the one impelling to excess, the other restraining wifhftr bounds of mod er atiotv; and justice: liberty, and hsppinets' must for ever depend This , great prina ple guided the framers of the cohstitutton tin constructing burporrtical system.: There is not an opposing interest, tnrougriout tne "wholethat is ottounteriioised5 Have the rulCri a separatejnterest from the .peo ple ? " To check itr abuseV the relation of representanve anq consiuuen is creaieu between tbetn;; tbrocgb periodical elections, bywhicbTthe ridelity of rulers to their trusts mi secdred. : ,. Have the states,- as members of thef Uniondistihct political interests m ireference'tbtheiif'laaagn live weight istcaremllysettled,taddeac class has its appropriaie means, whh yew to protectta political cbrtserencevS .May l there be a con&ict! oetween tne consmuuoo and the la ws, w hereby trrightr rriay be aflfected f m TdpreserVe the J ascenj dencyor the" cbhsHhjtioliarpower; isyested iWtheshpreaew coMtitutionarmsuchcasesirthere in a geographtcar point of vie w separate inter ests ? To meet this a peculiar organisation is provided in ; the division of the.sovereign wcVetiveen he vernments. -: Is there danger growing put of thnt divisiohk that the state jmiyncroaco Oii "irieerieratC pb wers through the eels of ttheir;iegistjstore. also assigned adequate-power to check sticsi WCToaxhmenttMaiyJ tm i-ment on the other - hand; encroach on , the rights reserved to1 the states rd tb?tate in their Mvereign.'catjaCityJ the ftpwerlb'aest unauy, inayinis, powers oe aocaea-oy e ajent TherV Remains still higbeV powet created supreme dyer all 9 invested with th ultimate power over sill interests, to enlarge) io modify or rescind at pfeSs&re,' whose ' in ierppsition the majority may invoke t ana to oppose whose decision would be rebel lion : On thjs the whole systemreats; ; ; That there exists a case which would! . Justify the interposition of this state; and thereby compelfhe; general gbvernment to abandon ah unconstitutional Dower, or to . make an appeal to the amending power tolconfer it by eipreas grant, the commit tee does .not in the : least doub(i and uhey n are equaljy clear in the existence of Vne cessity to justify its exercise, If the general government should continue; to persist in itft , improper assumption of powers, belonging y . " i ""'co orings tnem to tne.tass point which they - propose: to "coTrMder When ; would it be proper to elercise thid pigh power ? If they were to judge only by the magnitude of interest nd urgency of ne.case, they would without hesitation re Jcommend the exercise Of this tower with ut.delay But they deeply feel the obit ation of respect for the other members ol uhe.confederacy, and of greui moderAtioa juu luiucrtraucf m me exercise, even oi me most unquestionable right, between parties wbo stand connected between the closest 4 ud most sacred oolitic! onion; v .With these sentiments, they deem it advisable after presenting tne views of the legislature; in this solemn manner, to allow time fof further consideration and reflection, in thd hope that a returning sense of jotice on thej part of the majority j when they come to re bVct on the wrongs, which this and T'other; staple states have suffered, and are suffeo ing, may repeat the obnoxious and uncoa stitulionaf acts, and thereby. prevent the ne cessity of interposing the sovereign powcf of this state. .. : ' the committee is further induced at tbif tinife to take this course dnder the . h-pef that the great political revolution which will displace from power on the 4th of Marcll next, tHose who acquired authority by set ting the will of the people at defiance; and which will bring in an eminent citizen, dis tinguished for hiS services to bis country and his justice and patriotism, may be followed up under his influence with a Complete res toration of the pure principles of our gov vernment. ' .; . - . ." But in thus recommending delays thd committee wish it to be distinctly on derw stood, that rteither doubts of the power of the sifttesi mor apprelienslnn of cons?auen- tivest They would be unworthy 'of, -the; tiame of freemen, of A rnericans, of Carols Tiians, if danger, however great, could cause'. them to shrink from the maintenance of their constitutional rights ; but they deem it preposterous to anticipate danger, ' under ' tte system of laws, where a sovereign part for ihe compact, which fdrmed the government exercises a power which, alter the futleit mvestigatibh, she conscientiously believes belongs to her, under the guarantee 61 the constitution itself, a nd which is essential to the preservation of her sovereignty. The committee deem it not only the; f ight of the state, but the duty of her representa tive, Dnder'the solemn sahctiop of ah oath, to interpose, if no other remedy be applied. Tbey interpret the oath to the constitution hot simply to impose n oWigafloh to ab stain from Violation: out if possible" io pre' I vant it in others.' In their opinidrr e is a ' guilty of vfolating f that sacred irrstrumentr who permits arr, infraction, "when in hir power to fira vent Hj as hi ' wfio is actually guifty of the infraction. : One may be bolder, md the other more ticlid, but the sense of, duty must be equally Weak on' betb. V , With these views th. committee are.tov lemnly -of imp'ressiony if the system be ptw severed fn after due r forbearance on the part Of the 'state.?' that it' will to Vkvcttt dAy to? interpose her veto ; a datyr to her" setftO Ae Ubi gentrations, and fo the cause of Jiberty oetf ' ihe wdrld fo arrest the progres&oi a po wer whicWif oot arrested." must.: in its conse queje,Ycbrrbpt the public nToralsji and p'esv troy ine uoeriyw me country. - v:-.. VTo avert these calamitif si to1 restore the: tnstitotlon'to'its.originat parity, and to aU lay 'the differences which' have been ujibap-- pily produced between Varipus. states,;, and ostween me state ana general government we solemnly appeal to the justlct: and good fading of. those stUes heretofore opposed t& m f and earnestly jnvbke the council end, co-operaOod i of tfibse stater similarly' sttua (AO wun-our own. : not nouoting- ineir goou wilt aMsujmortah . aense bftbe righteotisness' of its caose the eommittee;ttusfth dehce;.tfie.'ewrU crowned with-Saccess. f l sobscriuer oners ior ' saie as ton, ov . t utockroo haad.coosistojg of a Ur: and cf erat assortmeof of Suple and Fancy Dry Ooyday Hardware. ntiery tecs- tic. t" aio, urocwifi- ataoui wtiieli r are ptrlfs, choice old AJftarira- ShrTyrori,vr.v junoon, r neroc, i ic wuci ra Cette: Malaga U Muscat Wines ; old Holl.it d GlDCataCJraqfly; JtintraiCii uum, oia. PeftCo . raouy m 100007ancja. tr Si Lump Srtgart; Hyson U uapowoer iea;Nit irieg, Ciaasfion, MaCe, . Cloves,; black Pep? r Alfcpice IheSpirits and Wines' are all o l very superior quality, and wiU be sold much lowef - Xfortftsh by, tha demijohn) thaxi usual ; in : th& mi '- v urn 1 !i It 'I ' I I i Urn 'X 1 tie I tit a State regisiaiurf, - ortWrfuLand ibritsappropriate4)urposeatr statestinjnteTieiihito M J J If. fficiepis A m ' il 4 '