Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1829-02-23


Ira, !, formed ia TACT ne~ eoniedrraey, &c
which the States, uni ed b. the ffrmer com
nast. were not bound ~ adhere. That It va
Oppressive 10 the iatefests aud destructive Is
IRE influence of the karihern section OF ih'
confrderacy, whsse right aud duty Y ih'feto''
va. ~ .eccAe from the rev hody polh'r, dn'
90 constitute one ofiheir Own. tbs plhn WI
40 far lnaiure1 hat the proposal had "e'
raadc e. AZ individual 10 permit lhnsrH, NJ 'l'
proper time. t1b pl ICED atthe head OF 'he n'''
rsry movements "hica tlsss ioresern qua ~
necessary for carrying II Intn rrrcn'I' u "
all this here was no oped act oil ue' on ~
the abstract theory pfouf government me
b-dience al the CIT zen - no due t. an u"' u"
situtional law. lie may laN'h'ly rr-'H w ft
scntion. liza single ihdfi iual nhdH''"Ns' WIS
resistance, orr constitution, both o. 'h' u""''
S,,,cs ,,J .feach separate state. have PROV
slcd judiciary power, intsrs ana J"'NS, '"
aeridI betue,- the individual and th" legi'la'
,ive =. which he hns resisted n unconstiiu
,,onal Bn, lie ~ suppose the casc 'ht tcgN
,.,ive acts cf me nt more Stairs Of ihs un-
IAN are n,s.cd co1li .iineisifh aet'ol Co'g RS
aud rnp,tnan ing fhr resistance Of tn"ir cltl-
zen, AGAINST them, a "ha elsr can be IN"
resnIf bat war,--c,ll war aud - MOI That.
te Erc'o a dlssplnton II thu Unon. 50 far
the fss,,tin. States ara CONCERNED mud what
,.nnld he the condition OF every riiifCn IN the
,rti.,inr Sta.,ss Bound by tn doubl- dnis
of sllcgmnce 20 the unina, snd 10 the State,
he euulh be crushed between tho upper aud
the ne,hcr milestone, with the performance Of
every civic dniy converted II CRIME, aud
guilty Of treasoa by every act OF obedience 10
the law.
That the power of annexine Louisiana ~ this
7 ,ion had not b en- del. gated 10 Congies by
Al. II.a4fa 2fafAa
own apinion ard il Is recorded upon the
journals Of the senate. Of which | vas then a
,nember. Bu, G.f from thinking the act Itself
a instifyin- cause or secfssoD from the IN
io,. 1 regarded it one OF The hanpiest event
which had occurred since the adoption Of thu
constitution regretted that an aocidcn al
ilness 10 my famtly, which detained me % my
wa, 10 Washington to lake my seat ia the Sc
nate. dendvcd me of the over Of voting for
the rai6 atom Of the irea'irs, by which tn
f.ession was secured. ! arrived nj Wasling
,oa on the inurtl day II the session " Con.
,.trss, and on cut ring the nii, passed ny ne
secretary OF the senaiewho was gong ffom thr
raniinl IN the residents honsr with The al
,icc and consent of that body TO the rat6cn.
ton.
took nv seat IN the senate the ncE' day.
Bills w.re Immediately brought Ia Congress
max ne ppprnpr ,tions 10 he afnnHn OF Il ren
millions prdoiars "a carrying the convention
,nto effect. and for enabling III president 20
take pos,cssov At the coded territory These
nea,nras we're orpuscd hy all the N mhc Of
the senate, who had voted against the raiiGca-
ton of I've conventions They were warmly
mad cordially supported by me. ! had no
doltt % the Constitutional power 10 make the
TREATIES II Is cXprefs delegated ~ the con.
stitDt,or The power of mhking The Stipul lated
pa,tneut for the crs'lon, and of taking pOssns
Sion ol the oedei territory, was equal I'M
questioned by me they wer" constructive
mowers, but thought III m ialrly ihcdrntn
and necessarily consequent opoo the pow 10
make the ttcaty. Bni the power of anne King
the inhabitants Il Lonifana 10 the Union. Of
COZ. rrriug upon then III Il mass, all tne tights,
aud rrun ring Of ihrin al tie dn ,rs. of eta,
Zen. OF I've Url ii Stare. II appeared TO me-.
had no, been delegated To Congress by the prI-
ME Of the Uniou aud could not have been lc-
iegatrd by them, witaoht the consent Of tic
propc lol Louisiana themselves | thought
they required an pmendmeot Of the constlu
ton .nnd a'yo,e Of the people of Louisiin.; and
I nf,rci tuthr scunto resolutions for carving
both those measures INTO effect. which were re-
'ceted
II mas been recently Ascertaindd, by let
Ter from Nj Jchets N 10 N. Dunbar, written
in July 1903 amer he had received the trea-
ties AID convened Cost fcss - consider thcm,
that IN his opinion, the 'rrates could uot he
carried into effect Wit'oni an nnend,ucp' TO
the constitution and that the prnpusdl ipi sp'h
IN amendment would BE- the FIRST measure =
donted 10y them. at their meeting. We Mr.
jefferson, president o. the United States, a'd
improve the acis Of Congress, assuming the
,.o,yeT which he So recently thought not drlecn
led TO them. aud. as the Executive OF the m.
ton carried them INTO execution.
Thu, NJ, JriI. rspn. lf'sdanf Of the United
States the federal manhrrs 81 Congress, ,hn
ripno,ed and voted against re I.f,i,at,oos n
the treaties aud myself nj cencurtc1 ~ the
oniAon IN the Louisiana crssion trra eS
transcribed the con stilnlional powers ct he
government Of the INIT atr>. But il uns
alter all a question Of constructive power
The power OF ,nnklng the treaiv was oxnrcssly
ciypu without limitation. Tie sw, epIng clause,
by viii IA All powers, Necessary AMI proper, tor
rarryine into eject hose ex iIrsSly drlegntct
,nuu be- undPrs GOOD n unlimited / Is 20 be
presune 3D. that men Mr. Jefferson approv ed
and ex cut'd the acts Of { angrrsS. assuming
che Doubtful powrr. he had Brought his mind TO
AGO 1iesce IN this somewhat atiludinaran con.
Iru-t,oo. lopposrd i e, Ing and as Gar nv
opposition uld avail ecquiesc, 10 IL, az
trr I mad rec we'd the sanction Of all the o.
gauiyrd authority o the Uhion, and the tacit
arquiescencc Of the people OF the U1lrcd
States and OF Lou siana. Since which time. so
far " tNis precedent goe., aud no farther, |
have considered the question as irrevocably
settled.
But, IN revcrtng to the fundamental pvinci.
ple OF all our cor, iltnfions. t0lt obedience is
s.ot due 60 an unconst ituiiona law. and ,ha, its
execution may b. lawfully resisted, you must
admit, hat had the laws n Congress for an
uexing Louisiana 60 the Union heen resisted.
by the authority Of one or more STATES Of the
then existing confcdcracy, as unconstitutional
that resistance mi hi have been carried TO the
exten: OF iissnlvine the Union, and of forming
a new confederacyi and that If he cops,onen.
ces Of The session had been SO oppressive upon
New England and the North. as was apprehen.
ded by the federal leaders, 10 whose conduct
AZ that time all these observations refer, the
project which they did then form Of severing
the Unie', and establishing a Northern Con.