Virginia advocate. [volume] (Charlottesville, Va.) 1827-1860, 1830-04-30


sti,utcd, whether it be judge, or jury, or a gen
eral assembly of all the citizens, lift be accor-
ding TO the forms of the government, it must be |
considered, in theory, and col ten alton crlaw |
the community, or all the parties to the socia;
compact, except one, setting IN judgement and |
deciding upon tho rights OF that one. And as
such individual party may, in his turn, he placed |
in the same situation, self-intcrest, as well as
justice, requires that the decision should be |
made according to the true intent aad meaning
of the compact.
In free governments, whore every citizen is |
supposed to DO party To the constitutional
compact il any individual believe that the com. |
pact has been msconstrued and violated, it is his
right, and his duty TO proclaim it 10 his fellow.
citizens TO warn them of the mischief and the
danger, and to remons,rnte against the proceed
ing. In extreme cases, he may have the moral
right to disob.y law which ho believes TO he
unconstitutional and void and it may DO even
praise worthy aud glorious Tor him to suffer, and
to die, rather than obey. The blood which he
pours outou tic altar of Liberty may purify il
from the pollution with which usurpation Ina
detiled it and the generous and holy sacrifice to
, freedom and to patriotism may bring down a
! lasting blessing upon his country, and upon
, pos,crity. But, at the time, it must not
be forgotten, that his fellow citiz ems and copar-
ccners in the compact have also the right to
judge and must decide. Should i, be said, that
this is u case in which he never consented to
obey, and i'll which he never stipulated TO sub
mt to the control ofany authority but that of
his own judgement and conscience, i; would be
only begging the question, and assuming trat to be
true which is the point in controversy. tits Il
question of jurisdiction; and while he decides
that if is one which has been reserved to each
! individual, To be exercised according to private
discretion, the other parties to the compact
have right to decide that it is one which has
been placed, by the compact within the iuris-
diction ofthe community and having so dcc-
dCd,thcy must necessarily have tie moral & 20.
itcal right to compel his obedience or TO punish his
dsobediencc for there can be no government
at all, where obedience depends upon the Judge
ment and discretion of each individual, Should
| the decision of the community be erroneous, it
would be doplorable, but not an uncommon in
stance, Of the fa!blty of human judgement.
1t is an ncon;rovertible principle essential to
free government, that in all communities what
ever, a majority of the people have the right di-
rccty or indirectly, 10 control, cons.ruc, alter
or abolish their cwn go vernmcnts and the re-
cognion or deniel Of this ri sht by the principles
form, or practice, of the constitution, is the
characteristic al distinction between FREQ and
dlspotc governments. Where the f. rms of the
constitution contain provision for the exercise
ct this right, the people must have recourse to
! II, and use it, on such occasions and in such
4 It'll
! dence But when the constitution contains *.
press provisions for these purposes, they cannot
he righttully effected in any other way than in
those prescribed by the constitution /; except in
| decd III such extreme cases as render the prin-
ciples OF the tyrant necessity paramou,r. to ali
| other principles. Aud when these disastrous
occasions occur teiuna duraIn ncCesSiias is the
only, the sufficient, and the terrible reply to all
appeals TO the principles and forms of constitu-
ton aud law. i
| We Will proceed to inquire, whether the par
! ties to The constitution have deserved to them
! selves thc light or power of making practical
decisions on the construction of that instrument
IN their primary sovereign capacity, or have sti-
lated to make and pronounce those decisions
through their official agents and if through
!
Tor this purpose. And in this inquiry we shall
consider both the people, ard the states, as par
ties to the compact.
! We will examine the subject, first, IN elation
! to the people as parties to the compact. The
| eXtention of the representative principle to all
! the depart ments and administrative Offices OF
| government, is justly considered among the most
Important improvements, in the science of poll
! tics and It's predominant influence i'm all the
governments oil the u. States is supposed to give
them most important advantages, in the practice
and preservation of liberty, over the best con-
stituted republics of antiquity. BY the opera
ton OF this powerful principle in our govern
nents, the will, and the nsclcst, of the people
are felt and consulted, in all the complex one
rations of society. In government purely re-
preventative, Gas the governments of Virginia,
and OF the United States, for examples we
Know OF no instance In which the people can be
said TO perform political functions, in their prim-
| airy sovereign capacity, except in the act of
choosing the re personalities. If on other occa-
| sions, they perform political functions, and dc.
eide constitutional or legal questions in their
sovereign capacity, they depart, on these occa-
| sIons, from the representative principle, and a.
dept the principle of a pure democracy. We
| may cite perhaps as instances OF this departure
provision III the constitutions of some of our
| sister states requiring amendments TO their con-
| stitutions be proposed and submitted 10 The de-
cision of the people, for and against which thew
| vote at the polls, in the same manner as in
| choosing their representatives. But the con-
! stitution of the United States recognizes no
such practice. 1t was not adopted in that man
ner, nor can it be altered explained in that
manner. IF a majority of the people of the L.
|