Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1832-10-08
VOL. NE.-~sep. l5.


construction against that ., iae -fate. It IS uD-
der tbs aspect ef tie question:. that Nv aFepe5e
10 consider tic practical elect u III, exercise Il
the RIGHT with he yicW 20 ds,@nine, which Of
lte two the State or tie General Government,
must prevail IL, the conflict; which compclsinc TO
reFot 70 some Of ile grounds already establlshed.
! nave already slicwa tint the declaration ofnGl-
LITIGATION would bo ooli spory on The citizens ofie
State as much 81, III fact It's declaration ra:ify.
ing HE Coustiiullon resngas II dees on tic same
basis. Il would IL ITEM be The highest possible
Idcnec. that the power contested vas not granted,
anJ Of course, that the act Of tic General Govern
meui was unconstitutional. They wonldb bound,
in NJ the relations ofliie private and political TO
respect aud obey 1t and when called upon, rs Ju.
| rymon 10 render their verdict accordingly, or, as
judge, to pronounce judgment, Ia conformity to it,
The tight ofJury tl.r is secured blythe Constiiu-
ton Obanhs to the jealous spirit Of liberty doubly
secured aud lori6ed) anj, with this ncstnlable,
rghl--inosmpblo, not only as an essential portion
Of the IuJienl tribunals OF the country, but infinite
! ~ more 81 considered as popular, and still more
| a locpl representation, IN that department Of tie
lGoyefnmoi, which, witbou, it, ~quld be the far
thcsl removed from The control Of the people and,
iii instrument TO sap tic foundation o; the system;
with, rep 'at tbs inestinabie right, itwosld be
! impossible fr the General Government, within tho
! limits otthu State to execute fccoHH the act nul-
! iiied OF any other, posscd with view TO cniorce
It whiie, on the otter hand, tho State would be a.
! bic to enforce iegeig dad yeaeeobiy its declaration
| ot Notification. Sustained by IFS court and luiles,
il would calmly And quietly but successfully, meet
every cf1ort Of the General Government 10 enforce
! III clanof power Tie result would he incyita-
bic Beforc the Judicial rlbanel Of the country,
the State must prevail, unless indeed Jury trul
could be eludcd, by the rcfuenienis OF Tie court
! by some other device, which, however, guarded ~
it a. by the rnn,rurig Of tho Constitution, would,
! hold h. impossible. The attempt to Guide, should
I Il be made would Itself be unconslu Ionnl aud,
n turn, would be annullcd by the sovereign
voice Of ,llu State. Nor would the right of appeal
/ 10 tho supreme Court, under tho Judiciary aei, n
val The ticicrnl Governments II taken, II wonld
but end 10 trial, and that IN another verdict
against the Government; but whether II may be
taken, would be optional wlti tha State. The
Court ,sclfha decided tina, copy Of ihe record
is requisite 10 review judgment OF a Stale Coarr,
and # necessary, the Suite would take the precau-
lion 10 prevent by proper tnhctments any means
ofobt,nng copy. But II ohtuined, what would
IT avail, against the execution of,ho penal enact
ments Of The State intended 10 en,orec the dccnra-
ton Of Notification The Judgment Of the State
Court would be PRONOUNCED and executed, before
the possibility OF n reversal and executed too,
without responsibility lncnrcd by any one,
| Beaten before tho courts, the General Govern
men, would be compelled to abanGon lts unconsii-
iu'onal pfctcnsions, resort To forced resort the
dfieutyU was ohou, 10 say, the impossbny) Of
which, would very soon fully manifest ITSELF should
folly madness make the neIapt.
In considering this aspect OF the controversy
pass over the fact that the General Government
has right TO resort to force against u Statc-io
eocsco sovereign member Of the Union which,
trust, have ssiabs hed bcyond all possible doubt.
Lett it, however, he determined 10 use force ard
tho difficulty would be insurnouptablc, unless, In
deed il he also determined TO set aside the con-
siltuiion, aud subyer the system to It's founda-
tons.
Against whom would il lc applicd2 Congr 5
has Is tnc ,ho right to call ionh the Militia 10
execute the laws, md suppress instructions !" bot
there would be 10 law resisted unless, indeed it be
caod resistance for the urles to refuse 10 find, and
the courts to render Judgment, ~ conformity 10 tho
wishes of the General Government no Instruction
TO suppress no aimed force to reduce not n sword
unshcatbed not bnyouct raised none, absolutely
none, on whom force could be used ;execp. /, be on
lheunarmed citizens, engaged peaccaby and quls.4
~, N lhes daily occupations fS
Noone would lie gully Of treason {" ievying war
against tire Uei,ed ssatls adbcring TO their enc
mics, alRfD lIfif t'l anu VI
eginc made penai by the Constitution tie laws
! oi the United States.
To suppose, that force could be called H. imples'f
indeed grea, mistake both the nature # our
Government and that fine couliosersy. II woulz
| be legal and constitutional contest, ceDliIci
moral aud moi uliysGnl iorce--a trial Of consttp4
.0an not military power, To bc decided before the
judicial tribunals OF the country, ard not on tiki
! field OF balc. IN b1c contest there would bc -
| object for iorce, but those peaceful llbnuls,--n5
thing on which it could be employed, but IN punjH
down courts and jpies, and preventing ,l,oN,xccif4
ton of ulicin process. Leave those u4leL&12
and all the militia that could he called forth Lac. 3e4
! by regular force OF ten times tho nunbef ot a.
small bnt gallant and patriotic army, could iHN
not the slightest effect the result oflic CONT
scrsy bur, subyert these by an armed body, q
you s,lbycfi the very foundation of h,, our freoX
constitutional, and legal system of government, a.
rear, IN It's place, military dcspotlsn. 3E
Feeling the force OF these ,iiculties, 1t is I,so<
sed, with the view, ! suppose, Of discmbarrassI
the operation as much Us possible, of the ront!5
some Interference OF courts and juries, ~ cianal
! the scene OF coercion from hand ID water as II H.
/ Government could have one particle more risl@
coelcc State Icy water, than by land; but unlel
am greatly deceived, the difficulty that elef6fl
! Wal not be much less, than on the other. Th63
~ trial, at least the loca jury, (the trial by the
cinagc) may indeed, lie evaded there but
lldpco ou1cr, aud not much less !usmidalle obst
nllst be encountered
! There can he but t@nnodos Of coercion rosof
TO by water blockade, and abolition Of the pOf(
entry Of The STATE, accompanied by penal "a
Ilncnts authorizing scilres fer entering the ~
Of tho State. lfto fa,ner be attempted thcssl
be o;her parties besbcs The Gtnel4 C;oycr1i
S,,tty t,furl.1ttt Is it,i rfy