IT hole ,Yb, 31)0.
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STATE RIGHTS.
Important Document. -Wc have
been permitted to lay before our rea
ders the following important extract
iVoni a hitter, written to the Hon.
Vvranen U. Davis by Mr. Jefferson's
grandson and executor: Telegraph.
Richmond, March 8, 1832,
Dear Sir Last spring, wlion
1 had the pleasure of meeting
you in Washington, you enqui
red of mc if I had any evidence
in my possession which would
show whether Mr. Jefferson
was, or was not, the author of
the resolutions offered by Mr.
Breckenridgc in the Kentucky
Legislature in '93. I have ex
amined and compared the MSS.
iti my possession with both the
resolutions offered by Nicholas
and Brcekenridge; the first I
find almost verbatim, as far as
they go; the second, in part the
ideas, but not the language.
The MSS. contains nine reso
lutions. Nicholas adopted sev
en entire and part of the eighth.
Breckinridge took the ideas in
part of the omitted resolutions.
I send you that omitted by Ni
cholas, you'eau best determine
how far it concurs with B.'s.
Resolution eighth, after the
word, "no bodyof men on earth,"
add, "that in cases of the abuse
of the delegated power, the
members of the general govern
ment being chosen by the peo
ple, a change by the people
would be the constitutional re
medy; but where powers are as
sumed, which have not been de
legated, a nullification of the
act is the rightful remedy: thai
everv State has a natural riht
in cases not within the com
pact, cases 11011 fader is to
nullify, of their own authority,
all assumptions of power by
others within their limits; that,
without this right, they would
be under the dominion, absolute
and unlimited, of whomsoever
might exercise this right of judg
ment for them: that, neverthe
less, this commonwealth, from
motives of regard and respect
for its co-States, has wished to
communicate with them on the
subject: that with them alone
it is proper to communicate,
they alone being parties to the
compact, and sohdy authorized
to judge in the last resort of the
power exercised under it. Con
gress being not a party, but
merely the creature of the com
mit, and subject, as to its as
sumptions of power to the final
judgment of those by whom,
and fur whose use itself and
its powers were all created and
modified."
Again, towards the conclu-
sion of the same resolution, af
ter the words "and will each"
add) "take measures of its own
Tarhorough, ( Edgecombe Cmmi,, n t i
J M we L0lintV J- C.J Tuesday, March 27, 1333.
Tor providing that neither these
acts, nor any others of the Ge
neral Government, not plainly
and intentionally authorized by
the Constitution, shall I
cised within their respective
iui 1 uurios.
'D. Resolved, That the said
committee be authorized to
communicate, by writing or per
sonal conferences, at any time
or place whatever, with any per
son or persons who mav be un
pointed by any one or more of
me co-states, to correspond or
confer with them, and that they
lay their proceedings before the
next session of Assembly."
The above will give the whole
of the MSS. omitted in the first
Kentucky resolutions. The va
riations in those resolutions are
merely such as would occur in
copying or printing. You will
perceive the sentence contain
ing the word "nullification,"
nearly resembling an 0v,,ri!S.
sion in the second resolution,
and that many of the ideas are
the same.
Mr. Madison's opinions. A cor
respondent of ibe Telegraph says: Ii
mny noi ue improper, perhaps, at the
present moment, when the decision
of the Supreme Court, in the cae of
the Missionaries vs. the State of Geor
gia, is being published, that publica
tion should he given to the following
extracts from tiie report of Mr. Ma
dison, in the year 179y, upon the Re
solutions of the Legislature of Viri
nia of the preceding year. As that
Report was made oniy ten years after
the organization of the present Gov
ernment, and Mr. Madison being ge
nerally regarded as the Father of the
Constitution, it may be considered as
a contemporary exposition of that in
strument. In commenting upon the 3d resolu
tion, Mr. Madison says:
"It appears to your Commit
tee to be a plain principle, foun
ded in common sense, illustra
ted by common practice, aud
essential to the nature of com
pacts, that, where reset t can be
had to no tribunal superior to
the authority of the parties, the
parties themselves must be the
rightful judges in the last re
sult, whether the bargain made
las been pursued or violated.
I'he Constitution of the United
States was formed by the sanc
tion of the States, given by each
in its sovereign capacity. It
idds to the stability and digni
ty, as well .as to the authority, of
the Constitution, that it rests on
this legitimate aud solid foun
dation. The States, then, be
ing the parties to the constitu
tional compact, and in their
sovereign capacity, it follows,
of necessity, that there can be
no tribunal above their authori
ty, to decide, in the last resort-,
sucti questions as may be 01
sufficient magnitude to require
their interposition.
"Jjut it is obiectcd that the
judicial authority is to be recur-
una as mc sole expositor ot tne
Constitution in the last resort;
11 f I " . t
and it may be asked for what
reason the declaration by the
General Assembly, supposing
it to be theoretically true, could
be required at the present day,
and in so solemn a mannerl
"On this objection it might be
observed, first: that there may
be instances of usurped power,
which the forms of the Consti
tution would never draw within
the control of the judicial de
partment: secondly, that if the
decision of the judiciary b rai-
- '
scd above the authority of the
sovereign parties to the Consti
tution, the decisions of the oth
er departments, not carried by
the forms of the Constitution
before the judiciary, must be
equally authoritative and final
with the decisions of that de
partment. But the proper an
swer is, that the resolution of
the General Assembly relat
to those great and extraordinary
cases, in which all the form of
the Constitution mav nmv in
effectual against "infractions
dangerous to the essential rights
of the parties to it. The reso
lution supposes that dangerous
powers not delegated, mav not
only be usurped and executed
oy the other departments, but
that the judicial dinavtment
also, may exercise or sanction
1 .
w
dangerous powers beyond the
grant of the Constitution; and
consequently, that the ulti
mate right of the parties to the
Constitution, to judge whether
me compact has been danger
ously violated, must extend to
violations by one delegated au
thority, as well as by another;
by the judiciary, as well as by
the executive, or the legislative.
'However true, therefore, it
may be that the judicial depart
ment is, in all questions submit
ted to it hv the forms of fhn
Constitution to decide in the
last resort, this resort must ne
cessarily be deemed the last in
relation to the authorities of the
other departments of the Gov-
ernment; not in relation to the
rights'of the parties to the com
pact, from which the judicial as
well as the other departments
hold their delegated trusts. On !
, , , - , v Willi! -
any other hypothesis, the dele-j tain different sentiments, that,
nation of judicial power would j in the case supposed, I should
annul the power delegating lavc u right, aud it would be my
it; aud the concurrence of lhisLity, to discharge the prisoner,
department with the others, in j This right flows from the na
usurped powers, might subvert ture of our Federal Constitu-
forever, and beyond the possi
ble reach of any rightful rcmc-
dy, the very Constitution, which
all were instituted to preserve."
Oy-Thc National i Gazette recently as -
scrtcd that "there is a power mtheSu -
preme Court, fully adequate and unequi-
vocally expressed, to determine dis- have 00 power legislative Or JU
putcs between the different members of j nx,.mit .vCnt lhrVl),
this Confederacy the Manner of the
constitution, in opposition to tins doc
trine, quoted several eminent authorities.
We extract the following:
John Marshall, now Chief Justice
of the U. Slates, whilst a member of
Congress, and pending the case of Jo
nathan Kobibn?, expressed himseli as
iollowc.
By extending the judicial
power to all cases in law and
equity, the Constitution has ne
ver been understood to cooler
on that department any poliii-
cal power whatever. To come
within this description, a ques
tion must assume a legal form,
for forensic litigation. There
must bo parties to come into
court, who can be reached by
its process, and bound by its
. - r.
ultimate decision bv a tribunal
to which they are bound to sub
mit.', Bee's Reports, p. 278.
John Quincy Jldams, late Presi
dent of the United States, in his Mes
sage to Congress, of December 1S2S,
uses the following language:
"The United States of Ame
rica, and the people of each
State of which they are compo
sed, are each of them sovereign
powers. The legislative autho
rity of the whole is exercised by
Congress, under authority gran-
power; whose rights admit orj"" ' ' ,,uc,"iH
ted iheni ;n luo common Qon,
stitution. The legislative pow
er of each State is exercised bv
Assemblies, deriving their au
thority from the Constitution of
the State. Each is sovereign
wmun its own province. .The
disposition of power between
them pro-supposes that these
authorities will move in harmo
ny with each other. The mem
bers of the'State and General
Governments are all under oath
to support both, and alloffinnrn
is due to the one and to the oth
er. 1 he case of a conflict be
tween these two powers has not
been supposed; nor has any
provision been made for it in
our institutions; as a virtuous
nation of ancient times existed
more than five centuries with
out a law for the punishment
i"v.. w niir n
!of parricide."
Thc next authority we shall rile is
that of the late Chief Justice Tifgh
7ian, of Pennsylvania, one of the
most eminent lawyers of that State.
In lite celebrated case of Gideon Olm
fleail, in the year in which a
conflict arose, relative to the powers
of the Federal and State Govern
ments, that led to the calling out of a
body of militia, by the Governor of
the latter, to resist the execution of a
process issued by the Federal Court,
the Chief Justice closed his decision
in the following language:
"The counsef of Ohnstcad
have brought forward a preli
minary question, whether I have
a right to discharge the prison
er, even if I should be clearly
of opinion that the District
Couit had no jurisdiction. 1
nm aware of the magnitude of
this question, and have given it
the consideration it deserves.
My opinion is, with great defe
rence to those who may enter
lion, which leaved to the several
Mates absolute supremacy in
! cas(.s m vv,jch jt js not yie(I.
j ed to the United Stales. This
I sufficiently appears from the
! genera! scope and spirit of the
' - ' . 1 ri .
! instrument. 1 lie United fctatCS
irom me constitution. vvnon
these powers are clearlv ex-
i . I ty tlft
ceeded, the independence of the
States and the peace of the U
nion demand that the State
Courts should, in cases brought
properly before them, give re-
dress' A here is no law which
iui uiua ii lentil ui VJiiiuu
exacts it and if they do not,
what course is to be taken?
We must be reduced to the
miserable extremity of opposing
force to force, and arraying citi
zen against citizen: for it is in
vain to expect that the States
will submit to manifest and fla
grant usurpations of power by
the United States, if (which
I w f 1 1 tnrniil 1 I lllltr miif nlln v r t
, inem; u congress snouni pass
a bill of attainder, or lay a tax
or duty on articles exported
trom any fctate, (from both
which powers they are express
ly excluded) such laws would
be null and void, and all per
sons who acted under them
would be subject to actions in
the State courts. If a court of
the U. States should enter a
judgment against a State which
refused to appear in an action
brought, against it by a citizen
Vol. VIII Xo 32.
f mother State, or by a foreign
fetate, such judgment would bo
void, and all persons who act
under it would be trespassers.
These cases appear so plain
that they will hardly be dispu
ted. It is onlv in pnn.;,!...;..-
doubtful cases that our minds
feel a difliculty in deciding
But if, in the plainest case
which can be considered, the
State courts may declare a
judgment (of the United States
courts) to be void, the principle
is established."
The fourth authority we shall cite
is that of the late Chief Justice
Kcan. In the cae of the Common
wealth vs. Cobbttt,ir, December term,
179S, the Court, in giving its opinion,
employed the follow ii.g langUare:
"Previous to the delivery of
my opinion in a cause of such
importance as to the conse
quences of the decision, I will
make a few preliminary obser
vations on the Constitution and
laws of the United States of A
merica, "Our system of government
seems to mc to differ, in form
and spirit, from all other gov
ernments that have heretofore
existed in the world. It is, as
to some particulars, National
in others, Federal and in all
the residue, Territorial, or in
districts called Stales.
"The divisions of power be
tween the National, Federal.
and State governments, (all de
rived Irom the same source, the
authority of the people,) must
be collected from the Constitu
tion of the United States. Be
fore it was adopted, the several
Slates had absolute and unlim
ited sovereignty within their re
spective boundaries; all the
powers, legislative, executive,
aud judicial, excepting those
granted to Congress under the
old Constitution. They now
enjoy them all, excepting such
as are granted to the govern
ment of the United States by
the present instrument, and the
adopted amendments, which are
for particular purposes only.
The government of the United
States forms a part of the gov
ernment of each State; its juris
diction extends to the providing
for the common defence against
exterior injuries and violence,
the regulation of commerce, and
other matters specially enume
rated in the Constitution. AH
other powers remain in the indi
vidual States, comprehending'
the interior and other concerns.
These, combined, form one
complete government. Should
here be any defect in this form
of government, or any collision
occur, it cannot be remedied by
tne sole act ot the Uongress, or
of a State; the people must bo
resorted to, lor enlargement or
modification. If a State should
difllrr with the United States
about the construction of them.
there is no common umpire but
the people, who should adiust
the affair by making amend
ments in the constitutional wav.
or suffer from the defect. Jn
such a case, the Constitution of
the United States is Federal: it
is a league, or treaty, made by
me maiviauai states as one
party, and all the States as an
other parly. When two na
tions differ about ihe meaning
of any clause, sentence, or
word, in a treaty, neither has an
exclusive right to decide it; they
endeavor to adjust the matter