Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1830-06-17

hicilng rights. ", then. The states have righ,
10 prevent the execution Ola law. the General
Government is under an obligation 20 rrirain
from enforcing il yet instead OF declaring this
obligation TO respect this reserved right, nnt
the slightest allusion Is made 10 il. On The
contrary, when law is once passed, IL Is
made tina duty ofthe President TO execute II.
But by the argument, the law nav been passed rs
constitutional by both Houses Of Congress il
has been approved "a such by the President;
and judgment has been given by the Supreme
Court declaring II 20 be constitutional, and
directing thai. in the particular case before
them, IL shall be executed. The State against
whose eitizens the Judgment Is given, declares
II To he pairahly and dangerously contrary 10
the Constitution, add thai il is null and void,
and shall NOT be executed. What is TO he
dofeT The right OF the Stie says the gen
! tleman, must he respected hut, unfortunately
for the Argument, the Constitution does not
say so unfortunately. II says directly The
contrary. The President ~ bound by his
oah 10 Cause every constitutional lRw 10 be
executed. But he has approved this law.
therefore he believes II IN be constitutional
hut both Houses passed II, therefore they be-
lieve il 50 but the Judges have derTeed that
II shall he executed therefore. they, too. have
believed il 10 b0 constitutional Must the
President Yield his own conviction, fortified
AS II ~. hy these auth0rites, 10 the opinion OF
a ma ,rily perhaps mail mnjority-in the
Legislature OF II siuGle State II he must, "a
gam ask. how ue the written authority !
cannot fnd II. | cannot conceive II. mn
not asking for the expression Of the reserved
fright know that they not enumerated.
But ash for the obligation 10 obey thai right
| ask for the written construction 20 the III
ecui,ve to respect it'll ask for provision,
that. I.ut H., gtitt toni inn
the most consnmsie folly, could havo omitted,
II the doctrine conrended for ba nue.
! This might have been done by an article IN
these words " Whenever. IN the opinion OF
any one State. law passed by the Congress
| shall be deemed unconstitutional and danger
Gus, such state may prevent rs execution, and
he President aud the court shall forbear In
eulorce the same bat Congress shall III that
casa II they persevere IN thinking the Ia"
expedien', submit the question as an amend
msnt 10 Conventions of Ihe states, IN the man
ner prescribed by the Constitution No"'
Sir the inoairy cauuot be- too often repeated,
il such had been the Intention OF those win
| framed our form Of government or of thoss
who adopted il. and considered and 'mended
IT, would not some expression 81 this KIND have
been inserted and il inserted sould II have
been recommended or adopted and II adopted
! how long void II have continued ~ operation
how many rti0SwOud hnve been IntGposed
how many conventions would have bern AS
sembled MOI al embargu--uoi u resific-
| tion--not "A declaration oil unf--n0i measure
Of detence-npI tax or an impost, but would
produce n stoppage in the wheels OF the poh-
cal machine abe most pressing operations oil
Government must he suspended hhtII ihs n
meudments are proposed by Congress until
conventions are called in all the States, and
! a., ba IL IA uufbrIunaIeIp
no answer say thsi tins power would not bs
abused thai the argument snpTosss II 10 accrue
| only IN palnahle cases Lei the constitutional
! right be arknn wlrdgcd, lei It be known that II
! may be exprelgnd without risk, aud local inieis
! est villa ways be strong enough 20 suggest
J constitutional serupesi nor will common ~
! trcSt the incaicuab.e interest of our Union
! he a sufh cicnt argument When was the IN
| terest Of union more apparent than during the
latter wears Of the Revolutionary war, mud
| those which Immediately succeeded peace
/ Yet, when vas the apahy oil states more hp-
parent 10 the consideration of common good
| When were local interests more consulted
Whcnwas II moro difficult 70 procure the
! slender contributions wbleh each p,ale wiz
, bound TO furnish "a the common ftnd II Is
| n most important truth, that the existence OF
! the General Government aust depend on n
, feature which permits the exercise OF all hs
! legitimate powers drtctlg upon the people.
! without the intervention oil the states. Make
| that Intervention necessary for the execution
. Ut those legitimate powers, or permit II 10 NJ.
rest them IN cases winch the States may deem
/ illegal aud Yom Government i gone ; II chan-
yea its character It becomes, whatever other
feHtures yonEIve TO II, essenllallyHn lnei1cient
confederation, without union at home, without
consideration abrua al and must soun foil prey
Il Nil
will necessarily intervene 10 complete its rum.
No. SIR adopt lhls rs pan OF our consttu.
lion, and we need no prophet TO predict ils fall.
| Tie oldest nt IA NAV live long enough TO weep
over rs ruins, to drp0fe the failure Of the
! (airest experiment TINT ever was made, Of 81.
curing public prosperity and private happl-
! ness, based ~ equal rights and Tar fcpfeScn-
! lation to die "rh the expiring liberties Of
our country. and transmit 10 our children, in
stead u the fair inheritance "i freedom, received
from our fathers a legacy OF war, slavery, and
contention.
But isashcd. WIN Won deny to the States
every portion Of their former sovereignty
u III Won ca tbs wi II the oenalor from Mas
sa ch,iseits, suicDly popular Government
" III you eny thrm all right oil intervention
and reduce them To them 10 the condition Of
mer. corporations! DO Joa renounce the
UuctI mes LOT WHICH Nth Cum W 100 hA
consider the Supreme Court as the umpire
provided in all eases to determine on the
e1,en, of State righls' Godiorbid that should
hold such doctrines. ifmy friends had stopped
| AT the declaration that they adopted the reso-
htions Of the Virginia Legisa'nrr, should
| not, perhaps, have thought 'he difference be
tween us VI sufficient Consequence to baye trout
bled the Senate with my oplnipn'. For the
m ost part, coincide IN The sentiments, OF those
resolutions, bur my friends car'Ied them out
INTO their practical consequences further than.
| ! think, they warrant further, certainly, than
| nm wiling 10 follow them
| Ash understand them, they INSERT the right
of a State, in the case Of p law pnlFably un-
consi nui.onal and dangerous, 10 remnnslrale
| against IT,, to cal on the other States 20 Coop
crate 10 procuring its repeal, and. ia doing this.
they must, OF necessity, call ii unconsttution.
| al, and, il so. in their opinion null and void.
u l. Il