Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1830-03-15
EaA T. sfRGINTAN.
LfNChBURG. MARCHl5. lso

The Comma" Sense aud Constitutional H..
trine Al the conclusion OF a few tom.
which ~e made a few DAYS .in..
me subject of the common arLIer
signattd by the federal consi.lu,ion
The appellate tribunal in all cases of d.,
arIsng under that instrument AMI un5..
laws of the United States, we appended an o.,
tract from the Journals of the Sens,. -,
blouse OF Delegates of Virginia. for the -.
lSO9-lO, showing, conclusively, that a, H..
Tune, lie Supreme Coult was mlninogsy NJ.
knowledged in this State To be thai Gamma,
nrdaer. II, at that time, any doubts were .,
'ertained, why was the Legislature Of Virgin.
permitted by the guardian of the cousliru,io,
IS no sits perched within a stones throw of,4a
Hall, to put forth the heresy Ii (as the r..
qurer conends) the doctrine laid down bv N,
Webster, has assumed the fearful character .,
heresy and heterodoxy, how, pray, was il ,bs,
II was all right aud orthodox when the sam.
doctrine was sanctioned by an unanmoos vo,s
of both Houses of the Virginia Legislature
We presume the wonderful faculty of political
! Rgerdemain, which the Editor Of the Enouire,
possesses in SO eminent degree, and whirn
enabled him 10 support for high office, with
Out the distortion OF single muscle of II,
countenance, "a man whose election TO tina, NJ
flee he had, at a former day, Deprecated az
l. curse upon The country has been again cal
ed 10 his aid How, else, did he, in 1910, MAKE
that appear maite, which he now says is black
| Or, on the other hand, how does he now make
that appear black, which, in 1910, he vowed
was as mhite as virgin snow viii the gentleman
explain-not in what manner he accomplish
such wonderful meIamdrphoses, for We have
no desire to be initiated into he art and p,..
tery-but, now he manages to throw sand in
tue eyes OF his readers, and successiuilg
blind them to such open and rulnou3 depa.
lures from all principle
But il Is the common sense as well as he con-
stuutloHdi doctrine that the Supreme Cnut is
the only aibiter to which either of the par
TO the federal compact can appeal, when the,
may imagine that one or mors of the Prov
sions OF that compact have been nfringed Or
violated. This is clearly demonstrated by M.
Ha.ne himself, in MS very etgerne,s 10 over.
throw mis- assumption and to establish the sd-
verse proposition. Mr.. Webster in his third
speech. in reply to Mr.. Haynes Wratsn (bnt
not spOken) rejoindrr To his powerful exposition
OF the true principles Of the compact, demon
strates it in a very few words, so c1nclusivel,,
that no Candid man can dispute the soundne8s
of his position, and no ingen uiiy, however
great, can perveri it. Speaking OF Mr.. Haynes
argument, Mr.. Webster says
Ills argument consists of two proposnioa,
and an inference. H.. propositions are,
That the Constitution IS a COMPACT by
tween The States
2 That a compact between Two, v iih author
ity reserved 10 one TO interpret It's terms, w9u.0
be surrender 10 that one Of all power wba,
ever
3 Therefore (such is his inference) the Gl1
eral oyernment does not o sess the al th0riy
10 cOnstrue its own powers.
NV, air, no does moi see, without the aid
OfexposiIion or detection, the Ut er confusion
Of ideas involved in tn S, so elaborate and sTS-
temaiic argument
The Constitution, il i5 said, is compact
betUeen States the States then, and the States
only. are parties 10 The compact. How comes
the General Government itself a perry? Upon
the honorable gentemans hypothesis the Gen
eral Government is the result OF the compact,
the creature of the compact. rot one OF the par
ties TO it. YET the argum ent as the gentleman
has now stated il. makes the Government itself
one of its own creators. II makes il h party
10 that compact, 10 which il owes us own ekis-
tence
For the purpose of erecting the Constitution
on the basis OF compact the gentleman con
siders the State as parties 10 that compact ; but
as soon as his compact is made then lie chooses
TO consider the General Government whlchs
The offspring of that compact not its ofsprlnS'
but one OF its parties; and SO, being parry.
has not the COVER OF judging of the terms OIL
the compact. Pray, sir, in what school Is such
reasoning as this taught2'
Who can resist smile ut the absurdlty N
which Mr. Hayne' sposltions necessarily IoVoYS
him Even the Enquirer must abandon its main
argument, as its whole foundation is removed
from under it. 1t declares that the Supreme
Court is not the proper appellate nIoon'
in cases arising under the constitution and ia"S
Of the United States aud when called on to'
its reasons, answers, with admirable simplicity
. because the general government is parry '"
the compact 4 because the Supreme Court Is
tribunal of the general government-sTS' "
the Supreme Court be allowed TO decide o"
Such cases, the whole power is given into 'nt
hands Of one ofthe parties, TO the manl'e'.
injury Of all the rest But, Mr. Wehs'"
shows clearly in the proceeding extract, fa''
which had not struck every person before WIN
It's proper force. and hich, it would SEEM ha'
even escaped the penetration of that Creates
constitutional commentator of the age, WIZ
diScoursrs so learnp'lly on the triie theme "
the columns of the Enquirer-tO mt, that '''