Page images
PDF
EPUB

sanctions of the people of the several States. The plan of government, then established, was conformable to suggestions heretofore made. Each of the sovereignties then assembled, determined to cede to the Federal Government, certain portions of its sovereignty, reserving the residue unimpaired. In the cessions which were made, the government was enabled to concentrate the whole strength of the Union, for the assertion and vindication of our national rights. It was invested with sufficient power to tranquillize disturbances among the States; together with a general jurisdiction over such matters of general concern, as involved the common interests of the States, but which could not be wisely arranged, by the rival, partial, and conflicting legislation of the particular States. The jurisdiction over all other subjects was expressly reserved to the States respectively. All subjects of a local nature, the internal police of the States, the jurisdiction over the soil, the definition and punishment of crime, the regulation of labor, and all subjects which could be advantageously disposed by the authority of a particular State, were reserved to the jurisdiction of the State Governments. wisdom of this regulation will not be questioned; for, it surely must be sufficiently obvious, that to subject our local or domestic affairs, to any other authority than our own legislature, would be to expose to certain destruction, the happiness and prosperity of the people of Virginia. This principle was accordingly established: That all subjects of a general nature should be confided to the Federal Government, whilst those which were local in their character, were reserved for the jurisdiction of the States respectively.

The

This distribution of political power having been established by the Constitution, the happiness and prosperity of the American people demand that it should be preserved. The theory of government, as established in America, contemplates the Federal and State Governments as mutual checks on one another, constraining the various authorities to revolve within their proper and constitutional spheres. Each government is invested with supreme authority, in the exercise of its legitimate functions; whilst the authority of either is wholly void, when exerted over a subject withheld from its jurisdiction. Should either depository of political power, unhappily be disposed to disregard the Constitution, and destroy the proportions of our beautiful theory, it devolves upon the other to interpose, as well from a regard to its own safety, as for the perpetual preservation of our political institutions. If there be a characteristic of the federative system, peculiarly entitled to our admiration, it is the security which is found for individual liberty in the separate energies of distinct Governments, uniting and co-operating for the public good; but separating and conflicting, when the object is evil. This inherent characteristic of the federative system, was contemplated with the most anxious solicitude by the founders of the Federal Republic. It was in it, that they found the general interests of America preserved from the clash of particular legislation; it was by it, that they fortified our domestic concerns from the invasions and infractions of federal authority. It was by it, that their fears were calmed and subdued, on the great question of adoption or rejection, when the very being of the Federal Constitution depended on the determination of the several States. The history of that eventful period, discloses the apprehensions of illustrious sages, lest the sacred liberty of the American citizen should be invaded by the arbitrary acts of the General Government; and that these apprehensions could only be allayed by the assurance and conviction, that the State Governments were adequate to the resistance of Federal encroachments. The Legislatures, then, of the several

States, are contemplated by the theory of American Government, as the guardians of our political institutions; and whenever their proportions are destroyed or violated, it becomes the duty of the several Legislatures calmly and temperately to attempt their restoration.

The reflections in which your committee have indulged, constrain them to express their unfeigned regret that the Government of the United States, by extending its influence to Domestic Manufactures, has drawn within its authority a subject over which it has no control, according to the terms of the Federal compact; and that this influence has been exerted after a manner, alike dangerous to the sovereignty of the States, and injurious to the rights of all other classes of American citizens.

Acting under the influence of these reflections, your committee have contemplated with deepest interest the situation of the General Assembly, and the duties which devolve upon that body. They cannot suppress their solemn conviction, that the principles of the Constitution have been disregarded, and the just proportions of our political system disturbed and violated by the General Government. The inviolable preservation of our political institutions, is intrusted to the General Assembly of Virginia, in common with the Legislatures of the several States: and the sacred duty devolves upon them, of preserving these institutions unimpaired. Yet an anxious care for the harmony of the States, and an earnest solicitude for the tranquillity of the Union, have determined your committee to recommend to the General Assembly, to make another solemn appeal to those with whom we unhappily differ; and that the feelings of Virginia may be again distinctly announced, they recommend the adoption of the following resolutions:

1. Resolved, as the opinion of this committee, That the Constitution of the United States, being a federative compact between sovereign States, in construing which, no common arbiter is know, each State has the right to construe the compact for itself.

2. Resolved, That in giving such construction, in the opinion of this committee, each State should be guided, as Virginia has ever been, by a sense of forbearance and respect for the opinion of the other States, and by community of attachment to the Union, so far as the same may be consistent with self-preservation, and a determined purpose to preserve the purity of our republican institutions.

3. Resolved, That this General Assembly of Virginia, actuated by the desire of guarding the Constitution from all violation, and anxious to preserve and perpetuate the Union, and to execute with fidelity the trust reposed in it by the people, as one of the high contracting parties, feels itself bound to declare, and it hereby most solemnly declares, its deliberate conviction, that the acts of Congress, usually denominated the Tariff Laws, passed avowedly for the protection of domestic manufactures, are not authorized by the plain construction, true intent and meaning of the Constitution.

4. Resolved, also, That the said acts are partial in their operation, impolitic, and oppressive to a large portion of the people of the Union, and ought to be repealed.

5. Resolved, That the Governor of this Commonwealth be requested to communicate the foregoing preamble and resolutions to the Executive of the several States of the United States, with the request that the same be laid before their respective Legislatures.

6. Resolved, That the Governor be further requested, to transmit copies of the same report and resolutions to the Senators and Representatives of

[ocr errors]

Virginia, in the Congress of the United States, with a request to the Representatives, and instruction to the Senators, that the same be laid by them before their respective Houses.

ed.

Agreed to by the House of Delegates:

February 21st, 1829.

Agreed to by the Senate:

February 24th, 1829."

On motion by Mr. Tyler,

GEORGE W. MUNFORD, C. H. D.

ADDISON HANSFORD, C. S.

Ordered, That the preamble and resolutions lie on the table, and be print

On motion by Mr. Hendricks,

Ordered, That William Conner have leave to withdraw his petition and papers.

The Vice-President communicated a letter from the Secretary of War, transmitting a statement of the expenditures, at the United States' Armo'ries, and of the arms, &c., made therein, during the year 1828.

On motion by Mr. Hayne, and by unanimous consent,

Resolved, l'hat the President of the United States be requested to cause to be laid before the Senate, at the commencement of the next session of Congress, a detailed statement of the whole quantity of the public lands, appropriated by Congress to the several States, with the objects of such appropriations; and, also, a detailed statement of the amount of disbursements made by the United States, within the several States; and, also, the amount of exports, (as nearly as the same can be ascertained,) from the commencement of the government to the year 1828.

Ordered, That the Secretary lay this resolution before the President of the United States.

A message from the House of Representatives, by Mr. Clarke, their Clerk: Mr. President: The House of Representatives have passed a resolution, in which they request the concurrence of the Senate, in the words following: Resolved, That the following Joint Rule of the two Houses, to wit: "No bill or resolution, that shall have passed the House of Representatives and Senate, shall be presented to the President of the United States, for his approbation, on the last day of the session," be suspended, for the purpose of further acting on the following four bills:

"An act for the relief of the legal representatives of John Guest, deceased;" "An act for the relief of William R. Maddox;"

"An act for the relief of Joshua Foltz;"

"An act concerning the government and discipline of the Penitentiary in the District of Culumbia;"

Which bills have severally passed the two Houses, and were regularly enrolled at the termination of the last night's session.

The resolution was read, and considered; and

Resolved, That the Senate concur therein.

Ordered, That the Secretary notify the House of Representatives accordingly.

The following written message was received from the President of the United States, by Mr. John Adams, his Secretary:

To the Senate and House of Representatives of the United States: WASHINGTON, March 3d, 1829.

I herewith transmit a copy of the instructions prepared by the Secretary of State, and furnished to the Ministers of the United States, appointed to attend at the Assembly of the American Plenipotentiaries, first held at Panama, and then transferred to Tacubaya. The occasion upon which they were given, has passed away, and there is no present probability of the renewal of these negotiations; but, the purposes for which they were intended, are still of the deepest interest to our country, and to the world, and may hereafter call again for the active efforts and beneficent energies of the Government of the United States. The motives for withholding them from general publication having ceased, justice to the government from which they emanated, and to the people for whose benefit it was instituted, require that they should be made known. With this view, and from the consideration that the subjects embraced by these instructions, must probably engage, hereafter, the deliberations of our successors, I deem it proper to make this communication to both Houses of Congress. One copy only of the instructions being prepared, I send it to the Senate, requesting that it may be transmitted, also, to the House of Representatives.

On motion by Mr. Tazewell,

JOHN QUINCY ADAMS.

Ordered, That the message and documents be referred to the Committee on Foreign Relations.

On motion by Mr. Chambers,

That the said message and documents be printed;

On motion by Mr. Smith, of Maryland,

That the said motion be laid upon the table;

It was determined in the affirmative: Yeas, 24; Nays, 13.

On motion by Mr. Chambers,

The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative, are-Messrs. Barnard, Benton, Berrien, Branch, Burnet, Chandler, Dickerson, Dudley, Eaton, Hayne, Hendricks, Kane, King, McKinley, Prince, Ridgely, Rowan, Smith of Maryland, Smith, of South Carolina, Tazewell, Tyler, White, Williams, Woodbury.

Those who voted in the negative, are-Messrs. Barton, Bouligny, Chambers, Chace, Foot, Holmes, Knight, Marks, Robbins, Ruggles, Sanford, Seymour, Willey.

Mr. Foot, from the Committee, reported that they had examined, and found duly enrolled,

"An act for the relief of the legal representatives of John Guest, deceased;"

"An act for the relief of William R. Maddox;"

"An act for the relief of Joshua Foltz; and

"An act concerning the government and discipline of the Penitentiary in the District of Columbia;" and

That they yesterday laid before the President of the United States, the eleven enrolled bills last reported to have been examined and signed.

A message from the House of Representatives, by Mr. Clarke, their Clerk: Mr. President: The President of the United States, on the 2d instant, approved and signed,

"An act making additional appropriations for the payment of the revolutionary and other pensioners of the United States, for the year 1329"; "An act making appropriations for building light-houses and beacons, and placing buoys, and for improving harbors, and directing surveys;"

"An act to continue the present mode of supplying the Army of the United States;"

"An act making additional appropriations for certain fortifications of the United States, for the year 1829;"

"An act for the relief of the Navy Hospital Fund;"

"An act making additional appropriations for the support of the Government for the year 1829;"

"An act making additional appropriations for the military service of the United States, for the year 1829;"

"An act making appropriations for the support of the Navy of the United States, for the year 1829;"

"An act making appropriations for the Indian Department, for the year 1829;"

"An act making appropriations for the erection and completion of certain barracks and quarters, and for other purposes; and

"An act making appropriations for carrying into effect certain treaties with Indian tribes, and for holding a treaty with the Potawatamies."

The Speaker of the House of Representatives having signed four enrolled bills, I am directed to bring them to the Senate, for the signature of their President.

The Vice President signed the four enrolled bills last reported to have been examined and signed, and they were delivered to the Committee, to be laid before the President of the United States.

A message from the House of Representatives, by Mr. Clarke, their Clerk: Mr. President: The President of the United States, this day approved and signed,

"An act for the relief of Samuel Chesnut;"

"An act for the relief of the representatives of James A. Harper, deceased;"

“An act making appropriations for the Public Buildings, and other purposes;"

"An act making additional appropriations for completing and repairing piers, for the improvement of certain harbors, and of the navigation of certain rivers;"

-"An act providing for ceding to the State of South Carolina, the jurisdiction over, and the title to, a certain tract of land called Mount Dearborn, in the said State;"

"An act to incorporate the Washington, Alexandria, and Georgetown Steam Packet Company;"

"An act for the preservation and repair of the Cumberland Road;" "An act for the relief of Thomas Hunt;" and

"An act for the relief of Charles A. Burnett."

The House of Representatives have passed a resolution for the appointment of a Joint Committee of the two Houses, to wait on the President of the United States, and to notify him, that unless he may have other communications to make, the two Houses of Congress have completed the business before them, and are about to adjourn; and have appointed a Committee on their part.

« PreviousContinue »