Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1812-02-27
Pirginia Legislature.

Substitute, frottosed by Mr.. MERCER, of
Loudoun, by sray Of amendment 10 The SIS
sfisute ffrofosed BY -Ir. Leigh, Of Dinzvii-
de, 10 the Preamble and Resolutions, on fhe
sH6jeet % the right ofthc State Legislatures
10 instruct the Senators Of their reshectiue
STATES, M the Congress Of the u. States.
CcogrINuEp FROM OUR LAsro
And ifthe people of the United States are the
parties to this constitution, the question, whe
thor any particular state has a right to in
struct It's repre- scntatives in The Senate OF the
United States !" NAV be easily solved, by an
application of the principles maintained in an
early part OF this argument, before that appli
cation is made, it viii be more convenient, first,
TO dispose of another view of this question Let,
1t, therefore, for the present, be conceded, that
The states have right TO instruct their resDcc-
| tive Senators in Congress. iet it be farther
conceded that the states, as separate communi-
ties, 're parties u the constitution OF the Uni
ted states, and have the right, which is asser-
ted Tor them, to eXpound The meaniAg and IL
/ mt the operation of that couipsct.s
Docs ittoilow, as consq9uenee from these
| concessions, which yield IS much. rs has eyer
| been demanded by the advocates of the doc
| trine here impusned, that the state legiskatuyes
are the states 2---rhat the legislatures have a
rlSat to furnish such Instructions, that they are
| the parties to the compact. They do represent
iielr respective states, il is true but they rep,
resent them IN their ordinary legislative crbuci-
II, only; which is n; most, but one OF their So
cercigR capacities They do Aot represent the
states in their highest legislative capacity Have
the people ofYrginia authorised this Assem-
| bay, to " alter abolish the constitution OF
| the state Can this be done, but by a conYen-
| ton And is not the capacity in which . peo-
pie change their very bond OF union HIGHER
than that, in which, they enact ordinary laws
for It's welfare There is no state in America
wherein those capacities are regarded, as OF
| like dignity. II is competent for several ofthe
| state legislatures to amend the constitutions of
their respective states, but never, by an ordina-
| ry act OF Legislation. Some of the state consti-
| tutions require periodical appeal TO be made
| to the people, to know, if they desire revision
ftheir constitution of government The con-
stitutlon OF Vermont provides, that in order 90
preserve the freedom of the commonwealth
forever inviolate," there shall be septcnniaily
elected a council of censors'' with power
" to call a convention, if they deem il nececsa.
Try" So that, the power even to call a conven-
| ton, is here denied to a state legislature, .,y
more, than mere implication. And it may bo.
asked, ii the legislature of n state has moi a
right even to submit to the people, the revision
or that constitution OF government, under which
it exercises the whole legislative autioritr,
how does it acquire that, Of expoundinE the
constitution of the United States
Is there, really, " no Tribunal, above the au-
thority" of the state legislatures, ''to decide.
+" IN the last resort, whether the compact made
" by theirrespective states'' has Sc been VIOLA
ted 2 Much to the honor of the General As
sembly of Virginia, it has, frequcntl.s, scquies-
ced in decisions ofthe state judiciary, srofot5s
cinS It's own laws, unconstitutional: and there
is no doctrine more universally admitted in
this state, 81 the present day, shan that, which
recognizes the constitutional authority Of such
decisions. In conformity with this Just recon--
milton OF one OF the most saIutary checks, provi-
ded by our republican system upon the usur-
patton OF power, by that branch Of The govern
ment, whose power is least susceptible of pre-
else Limitation, 1t would seem, that the udicia-
~ OF the United States is F" higher tribunal -
than the Legislature of single state, and it is
unquestionably much better adapted by its
structure and organization, TO the purpose of
testing, by the constitution itself, the constitu-
tlonafty OF law. The committee, very fairly
admit this objection in the doctrine for which
they contend, and state, in reply, that the
Z" proper answer to the objection is" that the
Judicial department, also, Z" may exercise or
" sanction dangerous powers beyond the grant
Sc OF the constitution; - and that "the particu-
lar resolution of the General Assembly,"
which they seek to vindicate, " relates to those
great and extraordinary cases, IN which all the
" forms OF the constitution may prove inefectu-
7" al against infractions, dangerous to the essen
$ tial rights OF the parties to It." The com
mittee, here, most evidently suppose a case of
extreme character; such, as no constitution of
government provide for case, wherein
all the constitutional safeguards of liberty, ha-
wing been won over by corruption, or subyerted
by force, it becomes the duty of every man to
take care of himself, under the sanction of the
sacred truth, that resistance 20 tyranny is o.
bedience TO God" in such an awful conditi-
ton of things, the legislatures of the several
states would be criminally negligent, if they
did not exercise the power, which Rome, in ST.
milar extremities, gave to her dictator, "to see
. that the commonwealth sustained no iniury'
And this is the power, which Publius ascribes
TO the states, when he says cit may be safely
received, as an anxiOm in our political sys-
"tem, that the state governments will, in all
possible contingencies, afford complete secu-
" rity against invasions of the public liberty by
the national authority" In the last number
of those learned, classical, and eloquent essays,
which are coeva, in their production, with our
admirable constitution Of governments and bid
fair to travel down with il to future ares aid TO
render the names Of their Iustrious authors. az
immortal, as that liberty, which their labours
essentially contributed to preserve and to per-
petuate, there is this farther alusion TO the
checks, provided by the constitution, upon tho
spirit OF eucroachment The executive and
Legislative bodies Of each state will be SO ma
"ny ccntinsls over the persons employed in
"cycry department ofthe national administra-
g ton; and, as 1t viii be, in their power to
adopt and pursue an efiectual system Of intel
"ligence, tbey can never be at loss TO know
"thc behaviour Of those who represent their con-
" SfitaeHts in the national councils, and can
"readily communicate that knowledge TO the
" Pe0bIe.' This Assembly considers his para
IL a 80.