Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1831-07-07

Y L.
scripuOp, and precedent aud usurpation hal
lowed by time, the British government claims
to DC omnlpoteni? for such is the pretension
and the words OF British jurists and British
statesmen, 10 reference to the British govern
ment And what then is to become Of the
state governments? Did indeed gentlemen,
see or know OF any limits or land marks TO
regulate and restrain The action of Congress,
under the general government, other than
those prescribed in and by the constitution
itself, sacred as bold that glorious charter
Of our liberties, and which | can but revere
the more, as the work Of the Fathers of the
Revolution, confess should feel lass scru-
pulous about the assumption and exercise of
powers by Congress, which 1t in no wise
grants or sanctions But really cannot
And if these be removed and BY denying
their inviolabiiity that is already virtually
done can really see no barrier at all be-
tween the general and state governments
What else, ia the name of all we hold dear,
but an honest and faithful adherence TO these
prescribed boundaries, these limits, can stay
the action of each within its proper sphere,
| ask to be informed? And If not so restrain
ed, will they not come in coDtaCt--and com
ing in contact, will not collision stop the pre-
sent free, harmonious, and rlghtful reyold-
tons of these dependent, yet independent go
vernments? And then what is to be the con-
sequence? Does any doubt discord and dis
union-than which, what greater calamity
could belal our happy country, when all the
worst of evils are involved in such catastro-
phee Bot will not pursue these thoughts:
My train of ideas would lead me to toe sloo-
my period My doctrine tAen, is to re-
strain the action Of the general government
within its constitutional powers, as expressly
granted, or as necessarily incident to them,
for their due execution, and refrain from as
sumptions by implication Within these right
ful boundaries, as marked out ana limited
by the patriots and sages Of rs, IT must do
well and be preserved. Refractory States
must dread its greater power--ooey ITS man
datory laws. For keeping within ITS rlghtlul
sphere, any rebelng member OF this Union
must be everawed as in such event the gen
eral government wiIihave all the othey STATES
on its side, backing and sustainingits auths-
rity, whilst such recreant daughter Will be
without hope Of any aid but her own, Will
see no alternative but submission - SO must
return to duty, to allegiance to the union, as
the ark Of safety On the ether hand, II the
general government usurp ungranted powers,
from its being the greater power, from ITS
having so many more OF the means with
which te maintain its usurpatons-its over
strding pretensous Il fear if It DO not grow
omnpotent that its attempts to MAINTAIN
these extended grounds of jurisdiction and
power over the States, will prove OF them
selge, the means-the fatal means, Of dlsu-
MON Grant that it may he more probable,
which am not disposed TO admit, that States
will re- BEL than that the general government
viii usurp, ior the purpose OF oppression; yet
il there be greater robability OF the one case,
there is certainly more danger IN the ether.
should it happen. | think the construction
contend for. will be the surest, perhaps the
only one, to save the country tsm either OF
these catastrophes. Hence adopt it.
6th--Do YOU deny the policy and necessl-
ty Of the Tariff System? SC.
ANSWER have already answered this,
ander the head of question ih.
7th-Do You deny the rShtsf the Supreme
Court OF the Union TO declare void, lawsand
acts of State, which conflict with the Fed
eral Constitution or laws Of Congress, IN
consistent with tha; Constitution?
Answer i DENY neither branch Of this
proposition. admit both But some may
ask as perhaps the author intended, how II
the Supreme Court declare laws and acts OF
a State which do not conflict with the iede
raj constitution, and laws Of Congress osvl-
ously compatible with it, null and void
What then? Is this decision obligatory upon
such State, and will it also bo obligatory up
on every subsequent Congress? Is there no
course but submission? No alternative but
acquiescence forever This is the asitating
question which brought into such warm en-
counter the mighty Giants Of the Senate of
the United States, last winter
II Is one Of awful import; too momentous
to sleep, though perhaps best permitted TO
slumher. until that enlightened and august
body 81 all decide it. Till then, too, it Is per-
haps more becoming humble individuals, hike
the author of the communications, "many
voters" and myself. to be modest in the ex-
preston Of any opinions upon the subject.
Not that our opinions can affect that deci-
sion, or be o. any weight This we dare net
presume; at least, will not But distrust,
ditfidence, and prudence; perhaps should ra-
Their restrain. The angry character of that
memorable debate. the most able as well as
the most angry part Of which heard, and
never shall forget; and the heated and bois
ferrous manner in which that discussion was
conducted, is ever to be regretted Yet as it
poured a flood of light upon this and many
other interesting subjects, il had Its use
And only let these great constitutional law
vers and eminent statesmen, renew the con
test IN better temper, and we need not yet
dpspair Of the keDuhhc In the meantime