Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1833-03-25


maintenance OF the just rIshts oil the States, II i
in that faith that was brought up, aud in TIM
faith shall continue 10 the last. II is IN the salu
tary influence and power OF the States under dis
tiRct AID organised forms of action, and the rise
partition of power established between them and
the authorities of the Union, that our system pos
sesses guarantees and advantages unknown 10 any
other which ever existed SIR, the gentlemen wht
h - lamed to he the special champions of SIT
sms hefe APPEAR to have much more Unite,
pica oithe,e nights than have. They speak o
2ac rights as II they consisted exclusively IN the
right OF opposing acts Of tho general government
But, Sir, according Ia my notion Of thtm, they
comprehend all rights ofpolitleU power Whatever
rot delegated 10 the United States, all such being
expressly rcser1 ed 10y the Constitution TO the res
pectitc States.
But, ii is asked, where 70 the security for those
rights In the first place, the Constitution cyl
IDENTIFY intended To provide in the organization q
the General Government itself important securities
against cncroachmcnts on the reserved 4, wers al
the States. THIS body tselfrerrescntng, as IT does
the States, in hclr coequal Il sovereign characters
was especially intended To guard the rights of the
States against inyaslon from the federal authority.
Elected as its memb rs nro by the Legislatures oi
the States, an responsible 10 them, it could not b.
doubted that they would be animated with watch
ful and jealous sensibdty TO the rights of th'a
constiutnt s-One half of the States as represeo
ted III his body, though embracing as m'sht VII
happen, but one fourth part IF III" people oil the l..
nlted States, have II IN their poWer 10 anrst any
leg slatYe measure, which shoald seem 10 th5n Ia
infringe upon their reserved powers. lirfr, ths1.
We have not only one security for the rSh's ct
the States, bat efficient check 10 the demnauon
OF that numerical minority winch has, 81 latf, henn
so frequently held up 10 the Jealousy and dlnanct
alton oi the States.
The Prcsdcnr, also, is elected by tn " SAT-,
IN their political capacities the votes allotted To
each State being III acompound ratio, winch ron.
sIders them partly as distinct and eo.cqunl soec.
ties, partly as unequal members 9th Same SO
ciety." Being thus chos N b,' the States, he can
not be suppos d To be indifferent TO their nights
aud the Constitution has armed hin wth a ucto
which the experience of our political history
and especially the last four years has shewn may
be ctirctoay welded for thsir defence.
But il all the branches Of the Federal I.eeisla-
ture, the President, Senate, aud House OF Repre-.
scntaves, should concur IN the passage of an I'm
constitutional measure, there is still another resort
within the pale of the General Government Itself
The judiciary, holding their Offices by ma indepcn-
dent tenure, and sworn 10 support the Constitution.
may declare such act of the Legislature authority
null and avoid and refuse to carry II INTO eNeeu
ton. Whatever leaning thc Courts of the Uuited
States may be supposed TO have III favor of federal
authority, examples are not wanting, nor very lew,
OF their having pronounced against the validity
OF acts of Congress on the ground OF theit une"n-
slintIonoty nor 10 II 10 ho doubted that they VIII
continue to Il" 50, whenever the independent eno
Conscientious exercise Of their Judgments shall K
quirc of them sucn an act of duty.
II all these securities, provided IN the organi2a-
ton oihe General Government ltseIt, should iaIl,
IT would cn be the right rs the duty OF tc States,
to nerpose their conserv 'tve influence Though
the federal judiciary should have d"eldcd ue acts
complained OF to he constitutional, sun Inc ola''s'
as so'er 1Sn parties 10 Inc compact WouIa nav
the right 70 Judge, IN the last rtsof, whether me
compact had Jcen pursued Of not 10 declare, III Tue
most solemn foim, their OPINION that the acts IN
question are unconstitutional, 10 invite Tue CO. o
peration, each of! he others, III such measures as
should be necessary AMI proper either 10 OBTAIN u
repeal ofthe offensive acts or procure mn amend
mcnt Of the Constitution llscti. lhes, arc modes
of State lnierpo5n'on cteat{BwattH me HmaS ~
he CoaStRhtidH There may he others also WIN
IN the limits of the Constitution. am not pfePat-
ed 10 say that the States night not conslitutonally
by the exercise OF their acknow edged legislative
powers on sub ects clearly reserved to lhem1 eP
pose very serious impcGlments OF one soi OF uao-
Their to the execution Of unwnrfan'abe mcasltes On
the part of the General Government In i,is respect
it j. not easy to mark the exact limit ofthc rights
of the States and as in the case tho privileges
of Parliament in England, high considerations "i
policy NAV require that they should be left undci
mol PAT ono ,lino ,s certain a State can never.
as South Carolina has donc. directly and formally
annu law of the United States without an oper