Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1830-09-09

! The doctrine OF some of the South Carolina
politicians u.s. that IL Is competent 10 that State
IL annai, wlihin lis limits, the authority oil an
act deherately passed 10y the Congress OF lhe
u. States. They do not appear 10 have look
ed muob beyond the simpe act ot publication.
into the consequences which would ensue, and
have not disuned, announced whether Que of
them night not necessarily be to light up n
civil war. The, SEEM, however, 10 suppose
that til State might after the net was per-
formed. remain a member the Union. Now.
II one Stale can, by an sct of its separate pow
~, absoye itself from the obligations oil law
ai Congress. aud coaiinue part oi the Union,
II could hardly he expected that my other
State would render obedience 10 the same
law. Either every other state would follow
the nnliiiying example, Congress would
feel Itself constrained by sense oil equal duty
Ia all parts OF The Union, To repeal altogether.
the nnllilied law. lhus The doctrine al South
Carolina. although II uomaaly assumes TO
act Tor one State only. in effect would be
ltBisIaiihg for the whole Union.
Congress emhodi.s The collective will OF the
whole Union, aud thai oi South Carolina
among rs other members. The legislation OF
Congress is. therefore. founded upon The hnsn
OF the representation OF all In the Legislature,
or u Convention of South Carolina, thu will oil
the people Of that state il alone collected
| hey alone are represented, aud, tue people oil
no other Slute have any voice ~ their proceed
mgs. 10 set up Tor that STATE claim, by
SEPARATE exercise Of It's powe,, 10 lesislnie III
effect Tor the whole Union, IS To asser preten
son Al war with the fundamental ptnspe. oil
all representative aud free governments II
abud practically subject the unreprcscpied
people Of all other por,, oil the Union 10 tho
bnrs'y aud desponc power of one State. Il
would substantially convert them toto Colonies
bound by the parental authority Of That
STATE.
Nor eau this enormous pIetcnsion derive any
sui port from the consideration that the power
10 alnnl Is Different ifom the power 10 or.
gIHate laws Both powers are IN their ma
iurt, legislative and the mischiela which
might accrue 10 the Republic from the snnul-
men oi ns . holesome laws. may bo Just as
RIrM ms To winch would How from the orlg,-
nation oi bal laws. Ibefe are three things 10
which, more lhnn all other, mankind. in all
ages. have shewn themselves 10 be attached
their religion, tbtu idws, aud their language.
| Bun II has been argued, IN the INST solemn
mBnnrr, " thai the acknowledgment OF the es-
| elusive ughi of the Federal Goyursment 10 de.
termlne The limits OF t,s own powers. amounts
10 recognition OF ITS absolute supremacy owl
the states and the people. and involves the sa-
criGce not Only of our dearest rights and inter.
-Sts. but the very rAislenGe oil the Southern
States "
Ia casas where there are two systems Of GOV.
ernnrnt operating al hc same TING aud place
Over the same people, tho one general and the
other local or particular, one system or the
oiner mus, possess the right Ia de.,de upon ihr
extent of The powers In oases of collision which
are claimed by the Genern Government. NJ
third party OF snffc,ent 'lpparlialiiy, weight
aud responsibility, other ihan such tribunal
nsa @uprems Court, has yet been devised, o.,
perhaps can he created.
h. doctrine Of onr AIDE ~, that The General
Government, though limited IN rs mature. nnst
necessarily possess the power 10 ascertain what
authority IT has aud Ivy consequence the ex-
tent OF TINT authority And that, If its legisla-
i've or executive missionaries 10y hct transcend
that authority, the QUESTION may he brought BIZ.
! fore the Supreme Court aud being affirnatlvely
dec ded by thai tribunal iheract mns, be obey
ed unill repealed altered by competen, pow
CT
Agains, the tendency Of this doctrine 10 NIB.
sorb Rll power. those who mainisin il, think
there are reasonable and, they hope, suilicien,
securities. In the first place, all nrs represen-
ted IN every legislative or executive act, an Il
Of course, each Stat" can exert its proper InAu-
ence 10 prevent the adoption Ul any thar may
| he deemed prejudIClal OF unconstliutioual.--
| Then. there ARE sacred oaihs, elections, publ c
virtue and intelligence, the power oi Impeach-
| mcnt. n common subjecnon 10 both systems OF
those fInctI0naries who net under either thr
right OF the states 10 inerpose aud amend ih e
! Constitution, 10 dissolve the Union and final.
/ ly, the rlghr, Ia eatre'ne cases, when all other
remedies tail, 10 resist insupportable oppres.
son.
The necessity being fell by the trainers of
Ip IA NvhI
shoufi be supreme. aud believing thai the seGu
| rites now enumerated. or some Of them, were
adequate, they have accordingly provided that
the Consll,ul Of the UnIled States aud The
! laws made ~ pursuance of II. aud aH treaties,
! made nader the authority of The Unlied States
shalt re the supreme idi0 oi the land mn d ihai
the Judicial power shall extend to all cases n
rising under the Constitution, laws, or treaties
OF the United States.
The South Carolina doctinr on the other
: sidr,is that that state has the right 10 determine
] the limits Of The puwefs granted Ia the general
/ gnvrrnment aHd thhi Whenever any Of is aoi,
transcend those limits. in the opinion of the
/ Stal' OF Souih Carolina she Is competent iu
ananl them. II the power with winch the fe-
dcral Government ia invested, by The COostifn.
| ton 10 determine the limits of ia authority lac
/ Liable to the possible danger Of ultimate conso
/ lidaiIon aud all the safeguards which have been
mentioned night prove inadrquaie,'s not this
/ power claim4d for >. Carolina, lisught ni,li
infinitely more certain, immediate aud fatal
danger II would reverse the Tule of suprema.
! cy prescribed in the Constitution. II would
render the authority ot siugle State paramount
10 that Of the whole Union. For undoubtedly
/ that Government, 60 some extent, must he su.
preme which can unnui aud sci aside the acts OF
j another.
The securities which the people Of other parts
! Of the Uuted States pOssrss agains; the abuse
, a. this tremendous power claimed FOR South
/ Cor. lima, will be found, on comparison, to be
greatly inferior TO those which she has against
the possible abuses Of the General Government
They I'VE no yolcc in her councils. they could
~. ,Iac,,,,o ,.a...l.--