Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1833-08-29

80 .ePseecncs WnScn auach 70 Jour manifest
.slxNsssstson aud Inconsistency, than BY
throwing yoorself upon your reputation - .
February, 1888.
To ne Eliior Of Ae Free P,sY.
In tho Essays Of LoezE," which have
recently been re-publishcd in your paper, the
author, adopting The Socratic mode Of arxu-
mcnt. has Propqunded sundry intsrrogatories,
which he seems TO have conserved To be I'M
answerabie, bat by the concession of the
principle Of nulli6cation.
Being utterly opposed to notification, and
believing u 10 be the most dangerous politics al
hcresy Of the present day in our country. I
shall endeavor 10 answer some Of these prer
nant interrogatories, and at tho same time to
oder some refatation Of The principle Of nul-
LITIGATION itself.
The hrst interrogatory il this: ais there,
OF II there not, any principle In the constitu-
ton OF the United States, by which the States
may resist the usurpations Of the Federal Go
serumen,-or arc such usurpstions to be re-
sisted only by revolution" I answer, that
there Is principle in the constitution OF the
United States, BE- which the usur pations OF
the Federal Government may be resisted, ef.
hcicntly and pcaecably.
The government Of tho United States n n
representative government, and the constitu-
tfoa u The charter, which preseribes The Ii
mits for the action Of the representative of
the people aud the states in that government
The people, and the states, select their repre-
sentatives in consideration Of their talents
and integrity; and these representative, are
sworn 10 be governed in all their acts By the
con>titution. IL is possible, though not pro-
babie, that majority Of these representatives
may pass an act violating the cons tuition
But an efficient remedy FOR this evil resides
with the people and the States The people
have the right, and the power, 10 instruct
their representatives In the lower house of
congress, TO repeal any such act; and il they
disooey such instruction, TO turn them out
and send others who ,eM obey such instruc-
ton. The state legislatures have the right,
and the power. to instruct their senator's in
congress to repeal such act; and il they DISC
hey, 10 turn them out, and send others who
viii obey. This is the great Republican, con-
sentative principle the control Of the con-
stituent over the representative body-of the
principal over the agent. This principle " as
happily illustrated aud enforced by the repeal
oil the alien and sedition laws. This IL one
great principle In the constitution Of the u.
states, by which the states may resist the
usarpali9ns OF the federal government, with
out revolution or rebellion. But there ID an
other, to which | shall advert presently.
The second interrogatory is: eff there be
no such principle, Is not the federal govern
tnent ~ unlimited Ia It's powers rs any other
government, whatever be its form, whose en-
croachments upon the rights of the citize
can be rePelled Only by rebellion, or other APP
piieation Of physical forcew answer, that
It Is not rs unlimited as any other govern
ment because Of the representatives. principle,
and the contrpl of the constituent body over
a
third interrogatory " u not the passing law
BY congress, which tho constitution does mot
authorize, an usurpation on The part Of that
oody-and 10 not every such unconstitutional
law absolutely void, rs passed by delegated
authority, beyond the limits Of that authori-
~" Answer: ] admit both propositiops.-
Fourth intcrrogatory; Are the states bound
to submit 10 laws which arc uneoostitutionai.
and therefore void ?" answer, that no stats
no citizen, is bound 10 submit % such law -.
Fifth in,errogSsory; "If the states are not
50 bound 20 submit, IL not the particular state
which refuses 70 submit. right in 20 doing ~
Answer certainly. SIKH Ia tsrrozsiorv q n
the recreant state be right in her refusal 20
submit, are not the other stafes wronx In
compelling her 20 submlt--is u not oppres-
saoa of the worst sort 20 eoerce obedience 20
isurped power" Answer undoubtedly
But these concessions TO the ID, 4th, 5th, and
6th interrogatories, are all made upon the
suPpsstfisn that congress shall have sefuaiiy
passed an act violating the constitu,ion.--
WheIover this suYPosifioR Is established as
feet, the concessions Just made necessarily fol-
low as TO such act; but until the supOssiiioa
is thus established, they do not follow. con-
tend that the superstition, that an act Of con-
gress violates the constitution Of the United
states, can DO legitimatsiy and conclasively
estaohshed by only enc TRIBUNAL under The
constitution, and that II the Supreme Court
Of the United States. That court has the
power and the right--in fact, II IL it, solemn
duty, TO declare void, ard sot aside any act
Of congress which, IN the opinion Of the
court, y contrary 10 the constitution. But
there u no other tribunal under the eonss,ta-
Ton, that hes such power. have sfiirmed,
that majority of the constituent bOdy--in
other words, \ majority Of the peopls and OF
the states of the Union, havs tbe right and
the power 70 repeal any act Of congress that
they may deem eOstFsFy " ths eosstitutioa.
but utterly deny that aey ono state has any
such right. No single state can pass an aet
OIL congress, neither can any sisgle state re.
peal or annui an act Of congress denv that
sny iegisiEture Of any single state, or eonveo-
hon Of The people Of any single state, has any
Judicial power over an act Of eOBgrens.-
W. Madison, IN bis celebrated rcport 81 I7y9
FsPeot@tes tho idea OF any state assuming the
once Of Judge II The sets q congress. He
says " u has been said, ihat h belongs 20
he Judiciary of the United States. md ,sof =,
tho State legislatures, 20 declare he rueanin~
Of The federal eonstiiatioa. But q desl-~afiss
That proceedings u the federal government
are net Warranted ~ the constitution. 10 q
novelty iheF among tse siizess. nor aasong
ne legislatures q the ststfa Tor are TIE
.hisens, o. The Iegsisture Of Virginia, aings-
iar IN ne example q u. Nor can he 6selsy-
eftens Of sifhsy, whether Affirming o. denying
NE eOnstifutiobalily ~ The MEASURES 81 tie
federal gOvsrBmeBt, ~ shsthsg nsdo before
or after judicial decisions thereon be deemed
~ any pofat II vtsw 81 assumptiun ~ the o.
Zee q The jsAgs. The dseisratioas n such
cases, are skpressious Of opiaios, uEaec0aapa.
nisd With spy other effect than whsi tSsy