Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1830-10-28

Ia favor OF fhe nulfFying rlaina Tor the
States, Individually, It appears, as Won 90
serve, that the proceedings oil The Legislature
Of V,rgsnia, II. 90 and 30, against the Anen
and Seditiea Acts, are much dwet upon.
Itmav often happen, as experience proves;
that erroneous construction not anticipated
may not be sufficiently suorded against, IN
the Ianruare ssed; and II is due to the dts
tinguished individuals. who have mlscoaceir-
ed the intention Of those proceedings. to sup
nose that the meaning OF the Legislature,
though well corsprehended at the time. may
not new ne obvious 10 those nnacqiarated
with the contemporary Indications and I'M
pressious.
But ii is believed, that. by keeping in view
the Distraction between the Governments oil
the States, and the States III the sense an
which they we're parties to the Constitution;
between tie rights Of the parties, IN their con-
c,rTenf and individgai capacities J between
the several modes and objects of interposi-
ton against the abuses of power, and espe-
ciaFly between interpretations within the pur-
view 81 the Constitution, and interpretations
anpeahns from the CONSTITUTIONS to the rights
OF nature 20 all Constitutions,
with an attention always of explanatory use,
to the views and arguments which. were
combatted, the Resolutions Of Virginia. as
indicated in the Report on them, WIZ be
found entitled TO an exposition, showing a
consistency in their parts, and an Incoasis-
tcncy ofthe whole with the doctrine ender
consideration
That the Legislature could not have IN
tended to sanction such a doctrine IS TO be IN
ferred from the debates in the House st De
lesates, and from the address 0 fthetwo Hou
ses to their constituents, on the subject OF
the resolutions 1he.tenor of the debates,
which were ably conducted, and are under
stoed TO have been revised for the press by
most, if not all, Of the speakers, disciose5 no
reference whatever TO "A constitutional right
in ali individual State, TO arrest by fierce the
operation Of the law of the u States. Concert
among the States for redress against TIC
AEen and Scditien Laws, as acts OF usnrPed
power, was a leading sentiment; and the al
tainment Of a>concert, the Immediate object
of the course adopted Blythe Legislature,
which was that of inviting the other States
Ito coacur in declaring the acts to be uneon
stitutisnal, and to cooperate IN the necessary
and proper raeasuresin maintaining anlslnafr-
ed the authorities, rights, and liberties re-
served to the States respectively, aud 20 The
pcople.%' That, by the necessary and pro-
per measures TO be eO.3etnreatig and co opera-
firelV taken, were meant measures known TO
the Constitution, particularly to the ordiaafy
%contro, OF the people and Legislatures OF tae
States over the Government OF the United
States, caunot be doubted; and the interposi-
tien ef this control, as the event shswcd was
equal 10 the occasion.
1t is worthy of remark and explanatory Of
the intentions of the Legislature, that the
~ xe-4 -. - .HN.,1v rHIn nDl y-n.1
and Of no force or effect" which had iollS@-
ed, in one of the resolutions, the words "un-
constitutionai,' y was struck out by common
consent. Though the words were, In fact,
synonymous with "uncen sfitB}iona',i yet tc
guard against a misunderstanding of this
phrase as more declaratOly OF opinion, the
werd unconstitutional" alone was retained,
as nst liable to that danger,
The published Address. Of the Legislature
ef the People, their constituents, affords arc
Their conclusive evidence Of its views. The
Address warns them against the encroaching
spirit of the General GayeraH1ent, argues the
uncenstitutioRality Of TIE Alien and Sedltion
Acts, points to other instances in which tbs
constitutional limits had l,cen oyerleaped,
dweiis upon the dangerous mode OF deriving
power by implication; and in general presses
the necessity Of watching oyer the consoli
dating tendency of the Federal policy. but
nothing is said that can be understood to look
to means in maintaining the rigats OF the
States, beyond the regular ones, within the
forms Of the Constitution.
IL any further lights or the subject could
be needed, a very strong cne is reflected IN
the answers to the Resolutions, by the States
| which protested against them. The main
ebjection Of these, beyond a few general ON
plants Of the intiamnlatory tendency OF the
Resolutions, was directed against the assuni-
ed authority OF a State legislature to de
Glars u law ofthe United States a~nconstitu-
t%ioaal, which they pronounced an unwar-
rantablc interference with the exclusive ju-
risdiction of tive Supreme Court Of the Uni
Etcd States. Had the Resolutions been re-
garied as avowing and maintaining a right
in an individual State TO arrest, by force, the
execution of a law of the United States, il
must be presumed that ii would have been o
conspicuous object Of their denunciatioR.
With cordial saiuta,ions,
JAAiES MADISON.
*see the concluding resolution OF 1875.
A public dinner was given at Nashville on