Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1832-12-31

sovereign and independent have the unqucs,iona-
bic right 70 Judge oftnc insiaotion, anil THAT A
BY THOSE SOVEk-
EIGNTiES, OF ALL UNAUTHORIZED
ACTS DONE UNDER COLOR OF THAT
INSTRUMENT, Is THE RIGHTFUL RE
NEEDY"
I, is the grca, Apostle Of American liberty
hinseif wiio has consecruied these principles, and
lef, them as legacy to the American people, re-
corded by his own hand Il is by him that we
nre ins,ructe i'--ihn, TO the Constitutional compact
a each State acceaei State, and is an integral
pnry lis co states forming as 10 itself the other
PARTY" that =" they alone being parties to the com
patti arr solely authorized II Judge IN Tie ms. re-
zort Of the powers exercised under IL Congress
beng not party but merely the creature at the
'ronipsct !" that II becomes a sovereign State 10
subm to undelegatcI aud consequently unlimited
power, III 10 man OF body nf men, upon earth !
thu, where powers are assumed which have moi,
been delegated the very case now before U.s. anu-
fcalion Of the ae; IS the rieliiful remedy thatc
cry Stsle has natural right IN cases not within
the compac, (easus non f1deri to nuil'fy Of their
own authority all assumption Off power by others
l,i.in then limits, and that without this right they
would be under the dominion absolute aud uamt-
cd Of whomsoeyer nj s!h exercise the right Of Jads
mcut 70, tem end thG! III case Of acts being pass
, ~ Cof-slcao az pSdhist iN N''Pi'-
tniiem 10 amount to an undisg0ised declaration
that the conpact is not meant 10 nc the mcnsife OF
the powers ofihe GeDeeal Government, but that Ii
will proceed TO exercise OVER the States all powers
whatsoever 1t would be the duty Of the Stats to
declare the acts roid and OF 80 j0fec and thai eaca
A40nd td.e measures Of as ogn for providing that
Dethrr such arts, nor any other OF The tGheral to-
sernmcni not plainly and Intentionally authorized
by the Constitutions sha! he exercised within their
respective territories"
| IL is on these great and essential truths, that
South Carolina has now acted Judging for her
self as a sovereign State, she has pronounced the
| Protecting Systcm, IN all its branches, To be a
g gross ia bnrate, aud paipublc violation Of tie
constitutional compact = and having exhausted ev-
cry other means OF rclrcss she has, III the exer-
clso of he's sovereign lights as one oil Tho parties
To that compact, aud N the performance of Ia Oh
and sacred duty, lntorposed ior arestlns the evil
of usurpalioi within her own lInits--by dcelaf.ns
these acis to be null, vo!d, and 80 law, ANA Il
/ king measures Of hCr own. that they shall not be
,niurceJ within h, lnnis
South Carolina has i,9i " essrneds what co'id
be considered as at all doubtfuI when she asserts
- that The acts IL question, we're IA reality nendcd
FOO the ptotlction Of manulacurcs - that tnelr o
! pp,atpu IL unequal y tina. the amount received
by them is greater than Is required by the wants
| Of tho government" and finally, "thal the pro
ccodS arc 10 DC applied TO oh!ccts unarthorlsed by
the coial tuition" J hase facts hoorlous--
these obiee,s openly uvowed. The President with
out In,,tuting any inqueiton into motives, ha.
himself discovered, add publicly denounced then,
and his officer of finance is even now, heyisin,
measures intended as Nc arc told to correct thos.
nrtnow iebgcd abuses.
1t IS a vain and idle dispute about words, TO ask
Whrther this right Of State ln,crppsltio1 may b.
most pfopctly styled, a constitutional sovereign
or reserved right In calling this right constitu
tiDna it could never have been intended to claim
as right granted by, or derived from tho Consti
tIiiUn, hui 10 claimed cons stcnt with IS genius
rs letter aud its spirit II being not only distinctly
understood at the Tine Of ratfylns The Constltu
ton, bat expressly provided iur, in the instruuen
Itself that all sovereign rights, not agreed be es
erdscd conformity, should be exerted separately by
the States. Virginia declared in reference 10 IT,,
,ieht asserted in the Resolutions of'98, above quo
ted even after having fully & accurately rc-exanin
ed and re- considered these Resolutions, " that sh
found il to b. her Indispensable duty " a1terc t,
the same, founded in truth, us conSonant wit
the Constitution, and as conducive 10 lis welfare,
and Mr.. Madisnp himself, asserted them TO be per
fecily constitutional and conclusive"
| Il is wholly inlnatcrial, however, by what nam
his RICH, may be called, Tor if the Constitution b
| . u compact 10 hich the States are parties y +
acts OF The Fcie,al Government ate further vail,
than they are authorized 10y the grants enuuieratc,
| in that compact" then have the authority a.
Nj Ma1ison himself nr The inevitable concl Isinl
thai i is " a ,,sin principle, illustrated by com
mon practice and essential To the atutc OF con-
parts, that when resort car be had 10 no ,tbrna
SUI Gro TO the authority o. the part. s. the parties
themselves must be- the r,shtfa d. III Tic las
whether the haruatn ;anis il h. 4, npt
OF Violated" TIE Constitution, continues Nj
Madisnn " rdS forme3 by the sanction Of the
states 9,rcN bg 1dcA Ia lis sovereign capacity III,
STAGES ihep bcn, parties TO the Constitutional com
pact, aud III their sovereign capacity, ii tollowsa
Necessity, that there can be no TRIBUNAL obpvc thr
authoriiy to decide IN the last resort, whether til,
compact made by them be violated and consc
qucntv tina, as the parties to il, they nrst thcui
selves decide in tho last rtsott sGeh questions Il
may oe of sufficient magnitude TO require lhet in
terpdsiton.
If this RE ht does not exist in the several States
then it is clear that the discretion of Congress- anc
not the Constitution, would be the measure oftle
powers, and ths, says Mr.. Jefferson, would a
mount to the Selling the rights of the States anc
consolidating them in the hands of the Genera
Government, with a power assumed to bind the
States not only in cases madc federal but in all ca
sCs whatsoever; which would he to surrender
the form of Government We have chosen, 10 liv,
under one deriving its power from its own viii"
We hold it to be impossible to resist the arsu
mon,, that the several States sovereign parties
TO the compact must possess the power in cases o
gross, deliberate andpalpale violations ofthc col,
stiunn, to judge eoet for itSe1G well Of II. in
fraction, us the mode aud measure of redress OF
ours is CONSOLIDATED GOVERNMENT " without
limitation Of powers, "a submission to which Mr.
Jefferson las soelnnlv pronounced to he greater
evil than disuuon itself If, to borrow the Ian.
guage of Madsons report, " the deliberate exer