Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1815-02-25


4 5,30S,666, the population of 1909, gain
l, 936,2S1 III ten years, what ought 1,2SS,0il
the population in New England in 1900, to gain
in the same time I-The answer 450,14t bus
the actual gain was 238,962 only being 2ll,l79
less than their proportion. This consequently
is their relative Toss OF population. The gain
in representation being correspondent, it fol-
lows that N England at the expiration of ten
years had gained 6 representatives. But as this
gain was gcadual during the whole period, one
half of this number is the aversgs gain. So that
it results that by the operation o. this princi-
pie, New England gains three Representatives,
and loses three by the slave representation,
which exactly balances the account.
But it is not to be supposed that the New
England States, especially the iarge State Of.
Rhode Island, would be satisfied with an equal
representation in ore branch of the Legislature,
and not in the other. In vain would they seek
relief from equality in the House, so long as in
equality could Cypress them in the Seaate.-
How stands the case there As the whole free
population of the United States is to the Whole
number of Senator's, so is the free population
OF New>England TO eight and fract;or-th
number OF Senators to which we should be en-
titled. But we now have, and a!5says have iad
TEN. You will see by this, sir, bow much rea-
son New England has to complain. Equally
represented in the house. and over represented
in the senate, and yet complaining of inequali-
ty. r. Island is dissa; isfsd. What would ke-
come of her, were she to be made the subject
of that equality Tor which she contends : What
good reason can be given for disturbing the
public tranquility with such unnecessary and
unsavory propositions 1t is 60 encrease pre-
sent cmbarrassments 1t is To continue local
jeslousies, already too much excited We are
,old by the report of those Conuen,ios Gentle :
men, that we must persist and pcrseyere until
the object is effected. You expect that the u
njtci States will yield to your opportunities bv
this seeming threat :! The c.ti for this amend
ment is TO be incessant. Our rights have been
abridged. The minority cannot controul the
majority. repeat it, beware that you touch
mt the Constitution with unhallowed hands -
Will YOU say that sue have polluted it that we
have broken it WHO is the judge Take the
bean, from Your own eve, and then you NAV,
perhaps, see little better to extract the mote
from the eye of brother. The gentleman from
Essex Mr.. White) has said generally, that we
had broken the Constitution. This for three
years has been your song. The Constitution is
violated: The compact is dissolved,
The doctrine of this Senate once was, that
the Legislature had no right to declare law
of Congress unconstitutional. have before
me the journal of the Senate Of 1899, contain
nc a re port in answer 10 certain 7. solutions Of
Virginia, declaring the alien and ssdition acts,
as they were called, unconstitutional, IN which
the Senate unanimously, except one, declare,
that the decision on the constitutionality OF
law of Congress, belongs e,rc!usi0e!y to the ju-
dietary Of the U. States. fHere Mr. ii. read
the names Of the Senators who voted for this
report, among which were TIMOTHY BIoE-
Low and JouN C. JONES, He then read seve-
raj paragraphs of the report, one OF which is a.
follows I" This Legislature are persuaded
that the decision o. all cases in law and equity
arising under the Constitution ofthe U. States,
Let s. 4
ance tn reos, are exclusively vested by the peo
pie in toe Judiciary courts OF the U. States, that
the people in that solemn compact which is de =
ciared the supreme law of the land have nor
constituted the State Legislature. the juige; of
the acts or measures Of the federal go0err-
nent.'
Sir, were we to look back two or three years,
we should, apprehend, And much in our own
journals in contradiction of this doctrine. We
undertake to decide upon the coustitutionaity
of law OF Congress, with mach assurance
as IT, We Were wiser thar all who have preceded
us. am not clear, sir, that the doctrine oithi
report does not go too far. ] spprehend that
case may happen when it would be proper for
the legislature of state to declare law OF
Congress unconstitutional Bat it must be an
extreme case. The states are parties to the
compact, and so are the people Our cousti,u
ton is COMPOUND. 1t is contrast in which
AL the states agree with each state, and also in
which all the CT zens agree with each citizen
In the case in v ich citizen may resist law
as unconstitutional. state might, perhaps, do
the same Should Congress palpably and gross
ly violate the constitution and refuse redress
should the judicial power become corrupt and
support the oppressive act-should an attempt
to impeach these wicked legislators fail, and
attempt to remove then by election be un
successful, iast ana Dreadful resort, the in.
diYidua in the case, and the State Legisla-
ture tn the other, as parties TO the compact,
might pronounce this law unconstitutional and
act accordingly. But for gentlemen calmly to
tell US, over aud over again, that the coHstifu-
ton is broken by Congress, and the compact is
dissofUed, is heresy, bordering on inv teIat
madness. fear, sir, I nave wandered from the
subject. should not have ndu,ged in these
general remarks, had not been led 10 them by
the suggestion that the proposed amendments
were rendered necessary by some supposed in
fraction Of the constitution l did in.end to
have taken another view OF the subject, but, as
the hour OF adjournment is arrived, | will no
further tire the patience OF the Senate,
CBY AUTHoRIrY1