Virginia advocate. [volume] (Charlottesville, Va.) 1827-1860, 1830-05-07

guidance in tho discharge of,heir respective do
ties. But when the members elected appear in
either house Of Congress, to take their seo,s.
the respective houses have the unques,icnablo
right To revise the proceedings which may. have
been had in making the elections, aud not only
TO annul the electoral proceedings of a state To-
gislatue, but to declare and render the laws of
the state, IN regard to these elections, null and
void, ifn their opinions these laws be contrary to
the constitution, Or Tho laws OF Congress upon
the same subjects. And this power may be OK
crcsej by either house of Congress singly each
house being by the constitution, the judge of
the elections. returns and qualifications, of its
| own members
When bill originates in ci:hcr house of Con-
grcss, that house mus, necessarily decide upon
its constitutionalty, IT least us far as il is con-
ccrncd in passing il and when it is sent to the
other house tor concurrence, that house also
must have right to decide the same question !;
and the President likewise, in the exercise of
| his qualified veto. How far these constructions
are obligatory on subsequent legislatures, d.
; parlmcnts and objects, it is not necessary. at
present, to inquire. They arc perhaps subject
TO the same principles and rules of authority as
are applicable to decisions and pIoceedcnts in
courts of judicature p.
The division Of the legislative power into two
branches, or houses, was dictated by the solicit
tudc ofpeoplc, not only to sccuro the careful
consideration of the important subjects that
might come before the legislature, but also TO
guard against and check, the impulse to en-
| croachment and usurpation to which numerous
bodies, as well individuals, are liable.--But
the check imposed thro' the two houses upon
each other, and the qualified veto of the Presi-
dent, arc not the only official checks provided
fer the security Of individual and public rights
1t is a principle ingrafted into the constitution
of the United States and from its being found
rs we believe, in all the governments of the diff.
ferent states, must be highly estimated by the
| American people, that the judicial power may
be called upon 10 check and control the other
! departments of the government, should they
| incautiousy or ambitously assume powers not
| entrusted to them by the constitution. We be-
lievc it is not questioned that the judiciary of
the United States, and of the several states
| of pronouncing tho acts of their respective le-
GlSatureS, unconstitutional ana VOID.
| But it is contended by the respectable and in
telligent advocates of state rights, that the ju-
| dicaries, and the governments of the United
States and the saveral states, are separate and
independent of each other aud that, whom ac-
ting in their proper spheres, neither is Justly
| subject to the interference OF control of the q.
ther But were this position to be granted, 1t
would not decide the question for the question
in controversy would recur who shall decide
whether the acting government be within its
proper sphere or not /? But this position cannot
| he granted, with regard to the state govern
ments, without many most important exceptions,
so important, that we will venture to say, they
are not separate and independent, but united by,
and dependent on, the general government, and
in some cases, even when acting within their
proper spheres. Let not the reader be startled,
but proceed with us to the proof
1t seems TO be essential to the sovereignty
and Independence of.a state that it should
possess the exclusive and uncomfortable right
and power of establishing and regulating the
principles and form of its own local aud internal
government. But we presume, no one will
contend that, since the adoption Of the constitu-
tion the states of this Union possess an absolute
power end discretion this important subject.
Suppose the people Of any state in this union
were to abolish their present republican govern
ment, and to establish in lieu Oft an hereditary
monarchy and house OF Lords. In such case,
has not the constitution of the United States
unfuestionably given the power to the general
government; and made it their duty, To interfere,
and TO use whatever means should be found TO
be necessary and proper TO abolish such a go-
vernment, and prevent its existence among us ?
'The United States shall guarantee to every
state in this Union a republican form of govern
ment.' This power is not the arrogant assump-
ton of hoiy alliance, formed for the purpose of
holding nations in slavery the more easily, by
keeping as ia, rs possible from their view, exam
pies of freedom in other nations. 1t was delega.
ted by free and enlightened people who had re-
Gently cxlricated themselves from the iron grasp
of ldespotsm and possessing an extensive ter
ritory divided, and likely to be still further di-
vided, into numerous separate states and GO
vernmeuts, and being well aware of the viciss;-
tudes and dangers to which liberty as well as
dcspotism is liable, they endeavoured to secure
the blessings of the former to themselves and
their pos!erity, by uniting and establishing one
general government, among whose powers and
duties it should be to guard and defend the
whole, and al! its parts, against the re-establish-
mont, amongst them, of those principles and
forms of government against which they had
lately and successfully fought and bled,
The right of the states TO CHOOSE and establish
the forms oftheir own particular governments is
certainly within tie sphere of power reserved to
them by the constitution but the guarantee as
signed to Congress affords decisive instance
to prove that even when acting within this
sphere, they are not in all cases, sovereign and
independent Of the United States Similar in