Virginia free press & farmers' repository. [volume] (Charlestown, Va. [W. Va.]) 1827-1832, 1830-11-03

Cn1y8CtcTs and
whether Il hal lie 6nsl effect, Through the Il.
g's'as'se. executive. or Judiciary organ of the
state, would be equally fatal TO the coo.,;,,,.
tea relation between the two governments.
should the provisions of tie coux,;,u,;oc
- reviewed. be found not To secure IN. w.
vernment and rights of the ssates. sr,;,,.,
"sutPsiions and abuses on the part Of the u
States, the final resort, within the purviev a,
the constitution. lies in an ame ndmen nj of the
constitutions. according to . process spplics.
bic by the states.
And in the event off failure o. every coo.
s'"nt'onai resort. and an accumulation of us,,r.
ps''ons and abuses. rendering passive obetii.
e"ee snn non,resis'snce . greater evil than
resistance and revolution, there can remain
OUT one resort. the last Of all; an appeal from
the cancelled obligations Of the constitution.
81 compact. to original rights and the Law OF
self preservation. This il the ui,;aa ratio
under ell governments, whether consolidated ID,
c""feder.sed, or . compound Of both; and j,
cannot be doSb'ed that single member oI
she Union, IN the extremity supposed. but il
Inst only, would have . right. ~ m extra and
ultra constitutional right, To make the appeal
Thi, brings us to the expedient lately ad
'Aoced. which claims for single state \ r;rb,
To appeal against IN exercise Ut power by the
government Of the United States, de cided by
Tue state TO be Unconstitutional, Co the mar.
ties TO the constitutional compact; the decis.
ion OF the state 10 have t:se effect of nuIlify.
ing the act VI the government Of the Unit ID
States, unless the decision Of the state be re.
versed by threefour,hs Of the parties.
The distinguished names and high au,hori.
ties which appear TO have asserted and given
q partial scope to this doctrine, entale IL To ,
respect which IL might be difficult otherwise
To feel for il.
1.-THE doctrine were TO be understood a,
requiring the three fourth, OF the states 10
sustain, instead Of that proportion to reverse
the dee's'on Of the Appealing state, the decis.
ION to be without effect dur,ng the appeal. i,
would be sufficient to remark, that this extra.
constitutional course might well give way Ia
'hat marked out by the constitution, which
authorizes two-tbirds 1T the sta,cs TO insti,u, e
and 'hree-fourths 80 eHcc,uA,e an amenslmcn,
ct the construction, establishing n paramount,
rule OF the highes, authority. IN place Of Ar
irregular precede "a, Of cons,ruciion only.
Hut 10 understood that the MULTI, in y
doctrine imports that the decision Of the state
10 To be presumed valid, and that IL override,
the law OF the United States
Csn mofe be necessary 10 dc monstrate the
inadmissibilfty Of such doctrine. than that i,
puts IN the power of the smrlIesS FRICTION
over one fourth OF the United States. that is.
OF seven states out oftwenty four, TO give the
law and even the constitution to seventeen
states, each Of the seventeen having, A. par
Ties 10 the constitution, IN equal right with
the seven, to expound il, and TO insist on the
exposition! That the seven might. in partic
ular instances, be right, and the seventeen
wrong, - more than possible. But TO esta.
bi'sh positive and permanent rule giving
such power, to such minority, over suci,
= majority, would overture the first principIe
81 tree government, and in practice necessa.
riy osersurn the government itself
u 10 to be recoiiected that the constitution
was proposed to the people of the states as .
'shofe. sod unanimously adopted by the state.
as .steie, Il being part Of the Constitution
that no lees than three -fourths Of the state.
should DE competent TO make any alteration
IN what had been unanimously agreed. So
great - the caution on this point, that in two
cases where peculiar interests were at stake,
proportion Of even three .fourthsi 10 dist rust.
ed and unanimiiy required TO make an alter.
alton
When the constitution was adopted a. n
whole, u - certain there were many parts
which, ,f separately proposed, would have
been prompt, rejected. ~ IL fsr from Saa
possible, that every part OF . constitution
might 6e rtJeetedby majority. aud yet 90
ken together IS Whole, he unanimously ac-
cepiod. Free constitutions will rarely. IL
ever, be formed, without reciprocal conce,.
sons = without articles CONDITIONED on and
balancing each other. l. there a consit,u-
ton OF single state out Of the twsnfy-four.
mat would bear the experiment OF having
its component parts submitted To the people.
as separately dseidcd ons
" ha. the fate Of the constitution Of the
tafe Ia Al
lion Of the states could eXpung- parts ~ i,
particularly valued by lyIeo majority, can
have bat oue answer.
Tho dIfbculIy is not removed by limiting
The doctrine e e3ses Of construction. ttssE
mspy eases Of MAT sort. involving cardinal
provisions Of the constitution have occur
rsdf How many COW sVists How wsny
NAY hereafter spring up How msny might
be ihgeDiously created, if entitled 70 tie
privilege of decision in tho mods FRO.
posed.
u Is certain that ihe primo ipls ~ that
mode would not reach further iisn Is con-
ismPiated. " n sipgis state cen Of right
require thrse-f01Tibs Of 80 eo-sisies 10 over
rule Iis expedition of the constitution, be-
cai'e that proportion - authorised 10 sniend
~. wonlj tie plea be less piavsibIs tbs, 40
she constitution vas unanimously esiahiish.
ed. q ought TO be unanimously exrounded2
The TeFiS 10 hll such suggestions seems
70 he un-soidnble end irrcsisiibis- that she
eobstiiuiion - q compact. that ifs feat - 10
be szpDuDded according 10 The provisions
for sbpoUndiag it--msking pert of The
eOmpRst--sn that nons % the parties esn
righfniis feossDes the e<poaudisg provis-
ions more then ans other part. WbsB such
= right aeefues, or msy seefue, itmnsi gree
oui % sbu>ss ~ the eomPset releasing the
sufferers from their Testify toh
u favor 81 the BuilifJ,pg eisims for ths
s'aiss, Individually. ~ sppssrs, - ynu OBJ
serve, mat Ihs proceeding &c the Isgisls-
tore % yHgiais 10 'ss sad %. sssissi ihs
slisD aud sediiion acts, srs mvtk dwsii
gPnn.
81 may often happen. - srpsri4nes proves,
that erroneous consiruciieas MOI snftf,patsd
msy %, he sufficiently guarded assisst 10