The nobility and other classes have put themselves at the head of the movement. Yesterday they entered into a contract with the chiefs of the military force who had joined their cause. The latter only required that they might not be required to lay down their arms, and that the custody of the palace should be confided to them. The civic and Belgic guard took possession of all other posts by that treaty. The palace will be given up if the answer from the Hague is not favorable to the views of the national party. They are to demand a new constitution not octroye but conquis. They as yet speak of no change of dynasty. Either the king or the prince of Orange is expected at Ghent. The populace have set fire to the building in the park. The king's theatre is in flames. Libry's robe de chambre served for a moment for a standard. It is asserted he has passed through Antwerp to take refuge at the Hague, with his worthy patron M. Van Maanen. Wageneer, the commissaire of police, general Wauther, the commander of the fortress and captain Kennis, of the dragoons of Malines, are among the wounded. At Louvais yesterday, between 2000 and 3000 citizens assembled in the great square in front of the hotel de Ville. The events which had occurred at Brussels excited universal enthusiasm, and the energy of the people of Brussels was cited as an example. The people took the orange cockades from the commissaries of police. Patriotic proclamations were scattered through the city. The military were invited to remain passive. They are Belgians, they will not shed the blood of Belgians. The citizen guard will be immediately organized. This should be done every where. The people ought to be prepared for every event. A proclamation from the regency requests all manufacturers to call in their workmen. The superintendants of the poor to distribute food to such as demand it at their own homes. Further accounts. Aug. 28. The hotel of M. Van Maanen, that of the commandant of the fortress, and the house of M. M. de Knyff, director of the police and Schuermans, procurer du Roi, alone have been sacked. The hotel of the minister of justice was completely destroyed by fire; only some portions of the walls remain standing. The people stood by to see that every thing was destroyed by re, and not only allowed the pompiers to approach, upon telling them to extend their protection to the neighOn the 28th of Aug. the burgher guard were masters bouring houses alone. The furniture of the hotel was of the city. There was considerable fighting in the morn collected in the square of the Petit Sablon, and a bonfire ing-but in a short time, the king's troops ceased to atmade of it. The trees of the garden, and those in the tack the people, and fell back to the king's palace. At square of the Petit Sablon, have been cut down and 3 o'clock, the ancient flag of Brabant was displayed on formed into barricades in the neighboring streets, to pre- the town hall-it is red, orange and black. The orange, vent the approach of cavalry. The guard of the prison or royal cockade, had disappeared. The citizens seemof Petit Carmes was surronnded and compelled to re-ed generally under arms, and embodied, but many lamain neuter. No prisoner was permitted to escape. dies appeared in the streets, which show the idea of safeThe house of Libry Bagnano, though not burnt, is en- ty that already prevailed. Standards bearing the motto tirely demolished-even the stairs are torn down. It ap-liberty and security," were displayed. Order seemed peared that L. Bagnano escaped over a wall into a stable restored, and the night passed without disturbance. The yard. Some of the populace mistaking the hotel of the people, having accomplished all that they wished, were governor of the province for the seat of government, en content, but stood by their arms. tered it, broke the furniture, burnt the governor's carriage, and threw the registers into the street. This accident is much regretted. When the intelligence of these events reached the Hague, there was a great excitement. The king in council resolved on a proclamation, summoning the states The same persons, without pillaging, destroyed some general to meet immediately, for the purpose of discussmachines in the manufactories of M. M. Basse, Bosdi-ing the claims of the Netherlanders, and redressing any vex, and Rey. The carriage of M. Knyff, the director grievances which may be thought worthy of consideraof police, was burnt in the great square. The royal arms tion. Troops, however, were ordered to the scene of and the orange cockades have every where disappeared. action. There appeared too many of these emblems at Brussels. The people have caused them to be removed, and not one is now to be seen. The clerks at the post office were ordered themselves to remove the armoires, and they obeyed. Some irregularities were inevitable, doubtless, but it may be said that many of the workmen at Brussels have courage, firmness, and presence of mind worthy of the highest praise. Others have not less distinguished themselves by their disinterestedness. They broke and destroyed every thing belonging to M. Van Maanen, which could recall his name, but they pil-ed quiet. laged nothing. Some individuals, not belonging to the town, evinced bad intentions, but in general the working class, properly so called, have behaved with propriety. Some workmen, to whom money was offered, only took it in order to purchase a loaf, or a drop of drink. The pompiers likewise conducted themselves very well. Without joining in the popular movement, they surrendered their guard-house to the citizens. We saw wounded pompiere ask a favor to be admitted to the ranks of the citizens to serve with them. The arcades The members of the royal family who were at Antwerp, fled to the Hague, fearing a general rising of the people, and their expectations were speedily realized, for Antwerp almost immediately followed the example of Brussels. Persons were flymg in all directions. One account says that the king would accede to the demands of the people-another, that he had resolved to reject them. He had collected an army of about 20,000 men near Brussels. Amsterdam yet remain There is no suspicion that the French have had any concern in these events in Belgium, further than by their example. The following are said to be the demands of the people of Brussels: 1. The complete execution of the Loi Fondamentals, or charter, given by the king at his accession. 2. The dismissal of the minister of justice, Von Maan. an, and another member of the cabinet, together with some of the city authorities. 3. The equal division of officers between the two nations, the Belgians and the Dutch. and chandeliers in the park, intended for the grand illumination of the fete of the king, which had excited so 4. The establishment of the chief tribunal of the`namuch discontent, have been broken in pieces. The num-tion in some trontier town. ber of wounded is not yet known correctly. The peoOne of the Belgic journals, the Politique, demands ple fought with such fury that they used nails instead of for the people that the ministers of the king shall be bullets. Many citizens who could not procure muskets made responsible, and that trial by jury shall be estab armed themselves with sabres, pistols, swords, arms ta- lished, with "twenty other guarantees." ken from the troops, and even with great clubs. It gave great satisfaction to see count Mesode mount his guard The new British parliament has been summoned to with the citizens. This was setting an honorable example. meet on the 26th Oct. Many new members have been The inhabitants who broke into the cellars of Libry Bag-returned. Nothing important appears to have occurred in nano, came out singing "Le vin par sa douce chaleur, Et nous anime, et vous possede." England since our last advices. A London paper observes-We can state positively that the instructions given by our government to the Rear Admiral Rosaniel to the minister, of Marine captains of the frigates which have been sent out to Lis'bon and Terceira, are such as to convince don Miguel that the British flag is not to be insulted with impunity; they are required to demand an apology from the Por-portant mission to the government of Tripoli, which he tuguese government, the dismissal of the captain of the frigate which captured the British vessels, the immediate restoration of them, and a full compensation to the owners, crews, and passengers. Gen. Baudrand had arrived at London, on a special mission from the king of the French, and was introduced by the earl of Aberdeen to king William the 4th. He was received. William has also sent a letter of congratulation to Louis Philippe, recognizing the new government of France. confided to me, has been completely successful, without the assistance of arms, and without bloodshed. The dey has signed all the conditions before imposed on him, and has ratified them by the treaty which I concluded with him on the 11th August." The former report of the revolution in Spain, and the advance of gen. Mina with an army appears to be unfounded. The apostolicals and the absolutists, who were frightened at first at the events in France, begin to recover from astonishment, and announce even that a counter revolution will very soon take place. They form a cou Austria and Germany generally seem much agitated by the late events in France. Many troops had been ordered to Italy-but given out as being merely defen-lition of 600,000 Russians, 200,000 Austrians and receive, fensive. The Marseilles hymn is heard at Hamburg. in the same proportion, contingents from all the other In Paris every thing appears to be tranquil. The powers of Europe, destined to establish absolute power workmen, who were at one time somewhat disposed to in France. They assert that insurrections in favor of be tumultuous, have become quiet. The new sovereign Charles X. and divisions among the constitutionalists, of France has been acknowledged by the king of Eng-have manifested themselves, and that within three months land, and it is also said that he would also be recognized they will be all of them exterminated. by the governments of Austria, Russia and Prussia. Paris Journal Debats contains the following paragraph one of the most honorable characters of our times will not be lost for ever to public affairs." A committee of the chamber of peers was preparing articles of impeachment against the ex-ministers, of whom "M. Hyde de Neuville has resigned his seat in the Messrs. de Polignac, Peyronnent, Chantelause, and chamber of deputies. We are not judges of the moGuernon de Ranville, were confined in the castle of Vin-tives which have induced him to take this step; but we cennes, where the committee had been to examine are very cartain that on this occasion, as in all the other them. There is an ordonnance of the king recalling all acts of his life, M. Hyde de Neuville has only followed Frenchmen banished under the law of January, 1816, the dictates of his couscience. The chamber of depuand restoring them to their rank and pensions. ties will regret the loss of so worthy and so loyal a colThe imprisoned ex-ministers, underwent a long exa-league. We sincerely join in their regret, and trust that mination on the 28th August, by the commissioners of the chamber of deputies. Peyronnet appears, by his hauteur, his contempt, and insolence to the national guards, to be determined to "die game," indeed to provoke his fate. His courage never was doubted, but his claim to good sense will suffer by this puerile affectation. As soon as the loss of the crown by Charles X. was known at Rome, the members of Bonaparte's family, who reside in that city, informed the French ambassador, that as the flight of the ancient dynasty annulled the decree by which they were banished from their country, they intended to take advantage, without delay, of the liberty of returning. A telegraphic despatch, received at Bordeaux, on the 23d, by general Janin, announced that French vessels bearing the tri-colored flag are now received in all the ports of Spain, The duke de Bourbon has committed suicide, owing, it is supposed, to the embarrassed state of his fortunes. Forty thousand national guards were reviewed at Paris, on the 29th of August. Galicia, and to have hoisted the black flag, motions. The troops of Bravo have been much cut up INTERESTING ITEMS. French revolution. A grand procession is to take portant event. place in Baltimore on the 19th inst. in honor of this iman oration to be delivered by William Wirt, esq. The ceremonies are to be concluded by Gen. Root iras declined the nomination made at Savention. lina, feeling himself bound by that of the Herkimer con Col. Drayton has been nominated to congress by both parties in Charleston. The Warren factory, near Baltimore, was sold on SaCount de Bourmont writes from the Cassauba, under turday the 2d instant for $68,000. This factory, with date of the 17th August to Marshal count Gerard, minis-its lands adjacent, has cost 400,000 dollars. The great ter of war: "The army and the fleet have hoisted to-day the tri-colored flag. The troops have laid aside the white cockade; they will assume the new colors as soon as all the corps can do so at the same time." The memory of the late king is apparently forgotten. The profound grief into which the nation was plunged by that afflictive event has passed away, and the minutest act of the reigning sovereign is recorded in a spirit of puerile and abject adulation. printing establishment was destroyed by fire last spring. Mr. Vaughan has presented his new credentials to the president, as envoy extraordinary, &c. from king Willi am the 4th. portant invention, which we hope soon to see introduced A Bath (English) paper mentions the following iminto this country, where, perhaps, there is a greater field open for the discovery than any other part of the world. Mr. G. V. Palmer, of Worcester, has taken out a patent One of the London papers has the following sneer at for a machine in perfecting which he has been engaged Russian servility:for the last ten years. It works by steam, and is particu Royal condescension-It was lately announced by a St.larly adapted for cutting canals, levelling hills for railPetersburg journal, that "his majesty was graciously ways, or removing large masses of earth. The enpleased, during his stay at Warsaw, to enjoy excellent gine cuts, at a single moveraent, six feet wide and health." three feet deep, delivering into a a ton per minute. It is calculated that 360 yards of cart upwards of hard soil, or 720 of marle or soft soil, may be thus removed in twelve hours. The machine also cuts and Her majesty had the housemaids before her at Wind-sitts gravel with like rapidity. It may be expected that sor Castle the other day, and said to them, "I wish you to understand that I will have no silk gowns worn here; and," the queen added, "you must wear aprons." The Spanish patriots Mina and Quiroga had arrived at The same paper, however, and on the same page of it, has the subsequent article-not perhaps quite so absurd, but certainly not less ridiculous: Paris. Expedition against Tripoli. The maritime prefect of Toulon transmitted to the minister of marine the following telegraphic despatch: the introduction of this machine will give a stimulus to of Mr. White, at Salem, was hung on the 28th ult. It In one of the gales of wind last month, the ship Superb, loaded with a valuable cargo of dry goods, &c. bound to New-Orleans, was wrecked on one of the Bahama Is- ing the people thereof one people for certain purposes, lands. Among the valuables saved from the wreck, was it cannot be altered or annulled at the will of the states about $7,000 in Salem and Philadelphia manufacturing individually, as the constitution of a state may be at its company bills-going south, it is supposed, for a mar-individual will. ket. 2. And that it divides the supreme powers of governOn inserting the speech of the duke Fitzjames, given in ment, between the government of the United States, our last paper, the Petersburg Intelligencer says, "It may and the governments of the individual states, is stamped with propriety we think be termed the funeral oration on the face of the instrument; the powers of war and of of the last of the STEWARTS Over the LAST OF THE BOUR-taxation, of commerce and of treaties, and other enumeBONS-Fitzjames being a descendant of James II. of rated powers vested in the government of the United England, and Charles X. being politically dead." States, being of as high and sovereign a character, as any A New York paper says that the office of register in of the powers reserved to the state governments. chancery, held by Mr. James Porter, is in the receipt of fifteen thousand dollars a year. It is stated that the cotton crop in Florida will be large and of an excellent quality. A fire, which was very destructive, broke out at 224 Bowry, New York, on the morning of the 3d inst. and four persons employed in a bakery, supposed to have been asleep at its commencement, were burnt to death! The governor of Mississippi has appointed George Poindexter a senator in congress, to supply the vacaney occasioned by the death of Robert Adams. The steam boat Ohio lately made the trip between New York and Albany, called 160 miles, in 9%. 58m. Twenty-one houses, 12 of them three story buildings of brick, were destroyed by fire at Oswego, N. Y. on the 1st. inst. Loss 50,000 dollars. Nor is the government of the United States, created by the constitution, less a government in the strict sense of the term, within the sphere of its powers, than the governments created by the constitutions of the states are, within their several spheres. It is like them organized into legislative, executive, and judiciary departments. It operates like them, directly on persons and things. And, like them, it has at command a physi cal force for executing the powers committed to it. The concurrent operation in certain cases, is one of the features marking the peculiarity of the system. Between these different constitutional governments, the one operating in all the states, the others operating separately in each, with the aggregate powers of government divided between them, it could not escape attention, that controversies would arise concerning the bounMr. Haxall's large flour mills, at Richmond, Virginia,daries of jurisdiction; and that some provision ought to were destroyed by fire a few days since-loss estimate at 30,000 dollars, much wheat and flour being consumed. be made for such occurrences. A political system that does not provide for a peaceable and authoritative termi nation of occurring controversies, would not be more than the shadow of a government, the object and end of a real government being the substitution of law and or der for uncertainty, confusion and violence. MR. MADISON'S LETTER. To the editor of the North American Review. That to have left a final decision, in such cases, to Montpelier, August, 1830. each of the states, then thirteen, and already twenty-four, DEAR SIR-I have duly received your letter, in which could not tail to make the constitution and laws of the you refer to the "nullifying doctrine," advocated as a United States different in different states, was obvious; constitutional right, by some of our distinguished fellow and not less obvious, that this diversity of independent citizens; and to the proceedings of the Virginia legisla- decisions, must altogether distract the government of ture in '98 '99, as appealed to in behalf of that doctrine; the union, and speedily put an end to the union itself. A and you express a wish for my ideas on those subjects. uniform authority of the laws, is in itself a vital princiI am aware of the delicacy of the task in some re-ple. Some of the most important laws could not be spects, and the difficulty in every respect, of doing full partially executed. They must be executed in all the justice to it. But, having, in more than one instance, com states, or they could be duly executed in none. An implied with a like request from other friendly quarters, post, of an excise, for example, if not in force in some do not decline a sketch of the views which I have been states, would be defeated in others. It is well known led to take of the doctrine in question, as well of some that this was among the lessons of experience, which others connected with them; and of the grounds from had a primary influence in bringing about the existing which it appears, that the proceedings of Virginia have constitution. A loss of its general authority would been misconceived by those who have appealed to them. moreover revive the exasperating questions between the In order to understand the true character of the constitu- states holding ports for foreign commerce, and the adtion of the United States, the error, not uncommon, must joining states without them; to which are now added all be avoided, of viewing it through the medium, either of the inland states, necessarily carrying on their foreign a consolidated government, or of a confederated govern-commerce through other states. ment, whilst it is neither the one nor the other; but a To have made the decisions under the authority of the mixture of both. And having, in no model, the simili- individual states, co-ordinate, in all cases, with decisions tudes and analogies applicable to other systems of go- under the authority of the United States, would unavoid vernment, it must, more than any other, be its own in-ably produce collisions incompatible with the peace of terpreter according to its text and the facts of the case. From these it will be seen that the characteristic peeuliarities of the constitution are, 1, the mode of its formation; 2, the division of the supreme powers of government between the states in their united capacity, and the states in their individual capacities. which is of the essence of free governments. Scenes society, and with that regular and efficient administration could not be avoided, in which a ministerial officer of the United States, and the correspondent officer of an individual state, would have rencontres in executing conflicting decrees; the result of which would depend on 1. It was formed, not by the governments of the com-the comparative force of the local posses attending them; ponent states, as the federal government for which it was substituted was formed. Nor was it formed by a majority of the people of the United States, as a single community in the manner of a consolidated government. It was formed by the states, that is by the people in each of the states, acting in their highest sovereign capacity; and formed consequently by the same authority which formed the state constitutions. and that, a casualty depending on the political opinions and party feelings in different states. To have referred every clashing decision, under the two authorities, for a final decision, to the states as par ties to the constitution, would be attended with delays, with inconveniences, and with expenses, amounting to a prohibition of the expedient; not to mention its tendency to impair the salutary veneration for a system requir ing such frequent interpositions, nor the delicate questions which might present themselves as to the form of stating the appeal, and as to the quorum for deciding it. Being thus derived from the same source as the constitutions of the states, it has, within each state, the same authority as the constitution of the state; and is as much a constitution, in the strict sense of the term, within its To have trusted to negotiation for adjusting disputes prescribed sphere, as the constitutions of the states are, between the government of the United States and the within their respective spheres; but with this obvious and state governments, as between independent and separate essential difference, that being a compact among the sovereignties, would have lost sight altogether of a constates in their highest sovereign capacity, and constitut-stitution and government for the union, and opened a di rect road from a failure of that resort, to the ultima ratio | the subject was regarded by its writer, at the period when between nations wholly independent of and alien to each the constitution was depending; and it is believed, that other. If the idea had its origin in the process of adjust the same was the prevailing view then taken of it, that ment, between separate branches of the same govern- the same view has continued to prevail, and that it does ment, the analogy entirely fails. In the case of dis- so at this time, notwithstanding the eminent exceptions putes between independent parts of the same govern- to it. ment, neither party being able to consummate its will, But it is perfectly consistent with the concession of nor the government to proceed without a concurrence this power to the supreme court, in cases falling within of the parts, necessity brings about an accommodation. the course of its functions, to maintain that the power has In disputes between a state government, and the govern- not always been rightly exercised. To say nothing of ment of the United States, the case is practically as well the period, happily a short one, when judges in their as theoretically different; each party possessing all the seats did not abstain from intemperate and party ha departments of an organized government, legislative, ex-rangues, equally at variance with their dignity, there ecutive, and judiciary; and having each a physical force have been occasional decisions from the bench, which have to support its pretensions. Although the issue of nego-incurred serious and extensive disapprobation. Still it tiation might sometimes avoid this extremity, how often would seem, that, with but few exceptions, the course would it happen among so many states, that an unaccom-of the judiciary has been hitherto sustained by the premodating spirit in some would render that resource un-dominant sense of the nation. availing. A contrary supposition would not accord with a knowledge of human nature, or the evidence of our own political history. The constitution, not relying on any of the preceding modifications, for its safe and successful operation, has expressly declared, on the one hand, 1, "That the constitution, and the laws made in pursuance thereof, and all treaties made under the authority of the United States, shall be the supreme law of the land; 2, that the judges of every state shall be bound thereby, any thing in the constitution and laws of any state to the contrary notwithstanding; 3, that the judicial power of the United States shall extend to all cases in law and equity arising under the constitution, the laws of the United States, and treaties made under their authority," &c. Those who have denied or doubted the supremacy of the judicial power of the United States, and denounce at the same time nullifying power in a state, seem not to have sufficiently adverted to the utter inefficiency of a supremacy in a law of the land, without a supremacy in the exposition and execution of the law; nor to the destruction of all equipoise between the federal government and the state governments, if, whilst the functionaries of the federal government are directly or indirectly elected by and responsible to the states, and the functionaries of the states are in their appointment and responsibility wholly independent of the United States, no constitutional control of any sort belonged to the United States over the states. Under such an organization, it is evident that it would be in the power of the states, individually, to pass unauthorized laws, and to carry them into complete effect, any thing in the constitution and laws of the United States to the contrary notwithstanding. This would be a nullifying power in its plenary character; and whether it had its final effect, through the legislative, executive, or judiciary organ of the state, would be equally fatal to the constituted relation between the two governments, On the other hand, as a security of the rights and powers of the states, in their individual capacities, against an undue preponderance of the powers granted to the government over them in their united capacity, the constitution has relied on, 1, the responsibility of the senators and representatives in the legislature of the United States to the legislatures and people of the states; 2, the responsibility of the president to the people of the Unit- Should the provisions of the constitution as here reed States; and 3, the liability of the executive and judi- viewed, be found not to secure the government and rights cial functionaries of the United States to impeachment of the states against usurpations and abuses on the part of by the representatives of the people of the states, in one the United States, the final resort within the purview of branch of the legislature of the United States, and trial the constitution lies in an amendment of the constitution, by the representatives of the states, in the other branch: according to a process applicable by the states. the state functionaries, legislative, executive and judicial, And in the event of the failure of every constitutional being, at the same time, in their appointment and re-resort, and an accumulation of usurpations and abuses, sponsibility, altogether independent of the agency or rendering passive obedience and non-resistance a greater authority of the United States. evil than resistance and revolution, there can remain but How far this structure of the government of the Unit-one resort, the last of all-an appeal from the cancelled ed States is adequate and safe for its objects, time alone can absolutely determine. Experience seems to have shown, that whatever may grow out of future stages of our national career, there is, as yet, a sufficient control in the popular will, over the executive and legislative departments of the government, When the alien and sedition laws were passed in contravention to the opinions and feelings of the community, the first elections that ensued put an end to them. And whatever may have been the character of other acts, in the judgment of many of us, it is but true, that they have generally accorded with the views of a majority of the states and of the people. At the present day it seems well understood, that the laws which have created most dissatisfaction, have had a like sanction without doors; and that whether continued, varied or repealed, a like proof will be given of the sympathy and responsibility of the representative body to the constituent body. Indeed, the great complaint now is, against the results of this sympathy and responsibility in the legislative policy of the nation. With respect to the judicial power of the United States, and the authority of the supreme court in relation to the boundary of jurisdiction between the federal and the state governments, I may be permitted to refer to the thirtyninth number of the "Federalist, "* for the light in which No. 33. It is true that in controversies relating to the boundary between the two jurisdictions, the tribunal which is ultimately to decide, is to be established under the general government. But this does not change the principle of the case. The decision is to be impartially made, according to the rules of the constitution; and all the usual obligations of the compact, to original rights and the law of self-preservation. This is the ultima ratio under all governments, whether consolidated, confederated, or a compound of both; and it cannot be doubted that a single member of the union, in the extremity supposed, but in that only, would have a right, as an extra and ultra-constitutional right, to make the appeal. This brings us to the expedient lately advanced, which claims for a single state a right to appeal against an exer cise of power by the government of the United States decided by the state to be unconstitutional to the parties to the constitutional compact; the decision of the state to have the effect of nullifying the act of the government of United States, unless the decision of the state be reversed by three-fourth of the parties. The distinguished names and high authorities which appear to have asserted and given a practical scope to this doctrine, entitle it to a respect which it might be dif ficult otherwise to feel for it. If the doctrine were to be understood as requiring the three-fourths of the states to sustain, instead of that proportion to reverse the decision of the appealing state, the decision to be without effect during the appeal, it and most effectual precautions are taken to secure this impartiality. Some such tribunal is clearly essential to prevent an appeal to the sword, and a dissolution of the compact; and that it ought to be established under the general, rather than under the local governments; or, to speak more properly, that it could be safely established under the first alone, is a position not likely to be combated. would be sufficient to remark that this extra-constitutional course might well give way to that marked out by the constitution, which authorizes two-thirds of the states to institute and three-fourths to effectuate an amendment of the constitution, establishing a permanent rule of the highest authority, in place of an irregular precedent of construction only. But it is understood that the nullifying doctrine imports that the decision of the state is to be presumed valid, and that it overrules the law of the United States, unless overruled by three-fourths of the states. Can more be necessary to demonstrate the inadmissibility of such a doctrine, than that it puts it in the power of the smallest fraction over one-fourth of the United States, that is, of seven states out of twenty-four, to give the law and even the constitution of seventeen states, each of the seventeen having as parties to the constitution, an equal right of the seven, to expound it, and to insist on the exposition? That the seven might, in particular instances be right, and the seventeen wrong, is more than possible. But to establish a positive and permanent rule giving such a power, to such a minority, over such a majority, would overturn the first principle of free government, and in practice necessarily overturn the government itself. ing of the legislature, though well comprehended at the time, may not now be obvious to those unacquainted with the contemporary indications and impressions. But it is believed that by keeping in view the distinction between the governments of the states, and the states in the sense in which they were parties to the constitutions between the rights of the parties in their concurrent and in their individual capacities; between the several modes and objects of interposition against the abuses of power, and especially between interpositions within the purview of the constitution, and interpositions appealing from the constitution to the rights of nature, paramount to all constitutions, with an attention, always of explanatory use, to the views and arguments which were combated, the resolutions of Virginia, as vindicated in the report on them, will be found entitled to an exposition, shewing a consistency in their parts, and an inconsistency of the whole with the doctrine under consideration. That the legislature could not have intended to sanction such a doctrine, is to be inferred from the debates in the house of delegates, and from the address of the two houses to their constituents, on the subject of the resolutions. The tenor of the debates, which were ably conducted, and are understood to have been revised for the press by most, if not all of the speakers, discloses no It is to be recollected that the constitution was propos-reference whatever to a constitutional right of an indi ed to the people of the states as a whole, and unani-vidual state to arrest by force the operation of a law of mously adopted by the states as a whole, it being a part the United States. Concert among the states for redress of the constitution that not less than three-fourths of the against the alien and sedition laws, as acts of usurped states should be competent to make any alteration in power, was a leading sentiment; and the attainment of a what had been unanimously agreed to. So great is the concert, the immediate object of the course adopted by caution on this point, that in two cases where peculiar the legislature, which was that of inviting the other states interests were at stake, a proportion even of three- "to concur in declaring the acts to be unconstitutional, fourths is distrusted, and unanimity required to make an and to co-eperate by the necessary and proper measures alteration. in maintaining unimpaired the authorities, rights and lib. erties reserved to the states respectively and to the peo ple."* That by the necessary and proper measures to be concurrently and co-operatively taken, were meant measures known to the constitution, particularly the ordinary control of the people and legislatures of the states, over the government of the United States, cannot be doubted; and the interposition of this control, as the event shewed, was equal to the occasion. When the constitution was adopted as a whole, it is certain that there were many parts, which, if separately proposed, would have been promptly rejected. It is far from impossible, that every part of a constitution might be rejected by a majority, and yet taken together as a whole, be unanimously accepted. Free constitutions will rarely if ever be formed, without reciprocal conçesBions; without articles conditioned on and balancing each other. Is there a constitution of a single state out of the twenty-four that would bear the experiment of having its component parts submitted to the people and separately decided on? What the fate of the constitution of the United States would be if a small proportion of the states could expunge parts of it particularly valued by a large majority, can have but one answer. It is worthy of remark, and explanatory of the intentions of the legislature, that the words "not law, but utterly null, void and of no force or effect," which had followed, in one of the resolutions, the word "unconstitutional," were struck out by common consent. Though the words were in fact but synonymous with "unconsti tutional," yet, to guard against a misunderstanding of this phrase as more than declaratory of opinion, the word "unconstitutional" alone was retained, as not liable to that danger. The difficulty is not removed by limiting the doctrine to cases of construction. How many cases of that sort, involving cardinal provisions of the constitution have oc- The published address of the legislature to the peocurred? How many now exist? How many may here-ple, their constituents, affords another conclusive eviafter spring up? How many might be ingeniously creat- dence of its views. The address warns them against the ed, if entitled to the privilege of a decision in the mode encroaching spirit of the general government, argues the proposed? unconstitutionality of the alien and sedition acts, points Is it certain that the principle of that mode would not to other instances in which the constitutional limits had. reach further than is contemplated? If a single state been overleaped; dwells upon the dangerous mode of decan of right require three-fourths of its co-states to over-riving power by implication; and in general presses the rule its exposition of the constitution, because that pro- necessity of watching over the consolidating tendency of portion is authorized to amend it, would the plea be less the federal policy. But nothing is said that can be un plausible that, as the constitution was unanimously es- derstood to look to means of maintaining the rights of tablished, it ought to be unanimously expounded? the states, beyond the regular ones, with the forms of the constitution. The reply to all such suggestions seems to be unavoidable and irresistable, that the constitution is a com- If any further lights on the subject could be needed, a pact, that its text is to be expounded according to the very strong one is reflected in the answers to the resoprovisions for expounding it-making a part of the com-lutions, by the states which protested against them. pact; and that none of the parties can rightfully renounce the expounding provision more than any other part. When such a right accrues, as may accrue, it must grow out of abuses of the compact releasing the sufferers from their fealty to it. In favor of the nullifying claim for the states, individually, it appears, as you observe, that the proceedings of the legislature of Virginia, in '98, and in '99, against the alien and sedition acts, are much dwelt upon. It may often happen, as experience proves, that erroneous constructions not anticipated, may not be sufficiently guarded against, in the language used; and it is due to the distinguished individuals, who have misconceived the intention of those proceedings, to suppose that the mean The main objection of these, beyond a few general complaints of the inflammatory tendency of the resolutions, was directed against the assumed authority of a state legislature to declare a law of the United States unconsti tutional, which they pronounced an unwarrantable interference with the exclusive jurisdiction of the supreme court of the United States. Had the resolutions been regarded as avowing and maintaining a right, in an individual state, to arrest, by force, the execution of a law of the United States, it must be presumed that it would have been a conspicuous object of their denunciation. With cordial salutations, JAMES MADISON, *See the concluding resolution, of 1798. |