Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-02-26


ton from those who, laying aside all momentary
pressions and recoectng the genuine source and ,
object OF the federal constitution shall canddly and
accurately interpret the meaning of the General As
sembly IF the deliberate exercise of dangerous pow
palpably withheld by the constitutions could
justify the parties to it, interposing far
arrest the progress of the evil and thereby to pre-
serve the constitution ITSELF us well as tn provide for
the safety OF the parties to it, there would be end
to all relief from usurped power and direct spbver-
sion OF the rights specified recognized under all the
state constitutions as well plain denial of the
fundamental principles which our independence it
self was declared "
But. sir, authorities do Mt stop here. The
State OF kcntucky responded to Virginia. and on the
10th OF November, 1898, adopted those celebrated
solutions ell known been penned by the author
OF the Declaration of American Independence. In
those resolutions the Legislature of Kentucky declare,
"That the government created by this compact,
not made the exclusive final Judge of the extent of
the powers delegated to ITSELF that would have
made its discretion and not the constitution the
sure OF Its powers but that, in all other of
compact among parties having common judge,
each party has an equal right to judge for itself as
well OF intractions as OF the mode and measure of
redress.
Al tie ensuing session of the Legislature the sub
ljcct was re-eXamineJ, and the 18th Nov. 1899,
the resolutions OF the preceding year delber-
ateiy re-aiirmed and it was among other things
lemnly declared:
! THAT if those who administer the General Go
vernment be permitted to transgrcss the limits fixed
delegations OF power therein continued IN unii1Ilu
ton OF the State Governments and the erection upon
.heir ruins OF general consolidated government will
De the inevitable sequence. That the princple
ana construction commended by sundry of the State
legislatures, that the general government is the ex-
elusive Judge OF the extent of the powers federated
TO IT. stop nothing short of despoi; since the dscre
| ton or those WHO administer the government and
not the constitution, would be the measure of their
powers. That the several States who formed that
instrument Oelilg sovereign and independent, have
the unGucsonabe right TO Judge offs nfraction and
that nuiiincation by those sovereigntles OF ali u-
authorized done under color of That N
is the rightful remedy
+! Time and experience confirmed Mr. Jefferson
opinion on this alimportant point. In the year 1891
he eHp essea himself IN this emphatic manner s.I E
fatal heresy to suppose that either orr SIote go
vernnen's are superior to the Federal or the Federal
TO the State neiier is authorised literally to decide
Which belongs 10 itself or Its copartner Ill govern
"eH'' III differences OF opinion, between their differ
epl sets OF public the appeal is to neither hut
TO their employers peaceabiy assembled by their re
! representatives. III convention. The opinion of ~
Jefferson on this SUBJECT, has been SO repeaed,v and
SO socny expressed, that they may be said to have
been among the most fixed and settled convictions 81
his mind. "
In the protest pre- pared b. hiy., for the 7
OF virginia, IN December 1926 in respect to tbe now
ers exercised by the Federal Government in rcla,
W 'e iar't anu Internal Improve cns, whic, he de
aiares 10 be "usurfa,ons of the powers retained b,
the States mere interpretations into the compact an
direct intractions of he soicmnly reass.r, u.
principles of the Virginia resolutions ne % So.
against 'thesc acts of the federal branch IS H., -
ernnent, as null and void, and declares ,hat al,bongt
virginia would consider dissolution of the IJnon .,
ois me greatest calamities that COULD befai then,
se. 10 no' the greatest There IS one yet greater
'suonisson To 4 government OF unlimited poyers T.
is only when the hope CT this shall become ,bsout all
desperate that further forbearance could not be nui
n his letter to MIR. Giles written a,jou, the
says: w ' ''n'e' nc
I ii you do, AMI wish the dcenas, oei;c,;o
! IN #
advancing towards the usupaou al the rgSs rcsar.
States, " he consolidation itself OF all powers fre,
domestic, that, by constructions vc leave no I,
s' power &c Under tie power regulate Commerce ,he
s,le indefinitely also over accn,,,rg AM ~ q:
&c Under the authority establish post roads thew Cal;
uat OF Cutting down for construction OF
aud digging canals, what our resource to ,s
erVaiIon OF the constitution Reason and argument, W.
ight as well reason and argue The marble columns
cirel;us hem &c Are to stand to sur arms WI;
Ie hot'headed 6eorgan' NoTand say no. and Sonb ca
DINA has SAID no that last resource W. mn,
nave patience and long endurance with brethren S M
separate from our companions only when sole a,enara
ei are ulssoii!on OF our Union with them, submission
government without limitation of powers Peween ties
ia,io NUS 'A"' '''''' 'isfe ca" be 70 he
Such, s the hgh ard imposing AUTHORITIES N s,ono
Of "he Carolina which is in fac, the M
Virginia resolutions of 1898. % :"
i ir at thai day the whole country divided on b;s
question /, formed The line OF denarcation between s c
raj and republican parties and the great poiicaI rsvo;n
WINCH the ook pace turned upon the very esio invo a.
III these resolutions Ina, question was decided bv ,hc
and 'y that decision the constitution was IN the
Language OF MIR jefferson, saved last gasp shi
suppose siE u would require more self than anv CO MI,
man mere would be wiling assueie, treat lirhv dos,r
derived II ON such high Resting on auborJv III 49,;
VIII ask gentlemen Whether South Carolina has moi
ca hi5h regard tJr te Unon when under tyranny ter s
more gieVouS IMAM the alien and sedon laws she has bter
10 gone M iorthet than TO petition demonstrate, and soen
10 protest against of ici she slye. ~ H.
J anu utterly destructive her
az o'th Cafoina has not sote step further than Mr.
icfe son himself sPcsed go in relation +, the
cbeot 81 o present complaints; further ha -
statesmen ifon Ne'g England disposed to 60 under sa
crcur,siance no further ran the Senator ffo,n Maa ga
hiHIse once ousdetcd as within limits of ;.
i opposition The doctrine that !, is the riyh, az s,.c
Judge OF the violations of the constitution on the ,art nf 49,,
federal government! and 70 project her citizens from the ]
tons OF unconstitutional laws, held by the en;,l -
cii!ZsIs OF Boston, who assembled IN FaneuiI ejI 7 =:
zui January ia09 They state, in that celebrated
hey looked Only IN the State Legislature who ere
, To- devise relief against the acts of ,
government That your power Say they) is ADEQUATE n @
cs evident Ioni the organization of he confsderacv
~ distinguished Senator from the New ,,,,,
ilhouse) ~ speech delivered here on bii for EMO,
eng c embargo, deciared'i feel myself bound
10 dccldte el the Blood Of those who shah All ~ ~
oh o. ms measure snail be my hea that consider Ib
'Oe an eci wicb directs mortal blow the ,er,as "
country aract containing Gncons ufional