Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1833-01-10

eu ~ ue SohsuUtfon hcse tacts 10 mo-
torious-thcsc objects openly a,owed. The
President, without instituting any incuisitio,
into motives, has himself discovered. and pub
licly denounced them; and h, officer of Il.
nance IS even now, dcvising measures intend
eel rs We are told, To correct these acknow-
edged abuses.
IL Is vain and idle dispute about words
10 ask whether this right of state intcrpo,i-
lion may he most properly styled. n Constiiu-
tionai sovereign, or n reserved right. I'm
calling this right constitutional. il coulJ mr.,
yer have been intended To claim il as a right
granted by, or derived from the constitution.
b,it - claimed a. consistent with its genius.
ITS letter aud its spirit il being not oniy dis
tihctiy undcrstood,a AT the time of raify ins the
constitution, but expressly provided for, in
uhe ihsrume nj itself, that all sovereign rights,
moi agreed to be exercised CONFORMITY. should
be cxerted separately by the states. virginia
declared, in reference 10 the right asserted in
The Resolutions Of '9S, above quoted. even
after having fully and accurately re-examin-
cd aud re-considered those Resolutions "tha,
she found It To be her Indispensable duty 10
adhere to the same, founded in truth. rs
con 5onaRt uiih the constitution. and a. copd,,-
ci'sto itS welfare" and MIR. Madison himself
asserted them To be perfectly constitutional
and conclusive,
IL wholly immatcrial, however, by What
name this right may be called for il the con-
shtdt'on be n compact To which the state,
arc parties, IL acts of the Federal Goyern
ment are no further valid than they are an.
thori<cd by the grants enumerated i'm tina,
compact, then We have the authority of MIR.
Madison himself for the inevitable conclusion
mat IL Is plain principle illustrated by COM
mon practice, and essential TO the nature OF
compacts, that when resort can be had 90 mo
tribunal superior TO the authority Of the mar.
ties, the parties themselves must be the right
iui Judge IN the last resort, whether th, bar.
gam made, has been pursued or violated. -
The constitution, continues Mr.. Madison, was
formed by the sanction of the states given by
each IN ITS sovereign capaciiy-the states
thch being parties TO tho constitutional COM
pact, and in their sovereign capacity. il fol.
lows of necessity, that there can be no trib,,-
nal above their authority, 20 decide i'm the
last resort whether the compact made by
them be violated; and, consequently, that as
the parties 10 1t, they must themselves decide
IN The last resort, such questions AZ ma, be of
sufficient magnit' > to require their interpo-
u THIS right does not exist in the several
states, then II is clear that the discretion Of
congress, and not the constitution, would be
the measure of their powers, and this, saws
The rights OF the states, and consolidating them
IN the hands of the General Government viii
power assumed To bind the states not only
IN cases made federal but in all cases whatso-
ever; which would be TO surrender the form OF
government we have chose n, to live under ono
deriving Its power from its own will
Nesold II TO be impossible To resist the
argument, that the several states as SOVEREIGN
parties 10 the compact, must possess the pow
er In eases of gross, deliberate and paIpable
violation Of the constitution, TO Judge each for
| itaD, as well OF the infraction as the mode
and measure of redress : or ours is a Conso.
'lda'ed Government without limitation Of
powers, "a submission TO which Mr.. JciIer-
son hes soiemnly pronounced to be a greater
evil than disunion itself 10, to borrow the
Language of Madisou's report, tie deliberate
exer,iSe of dangerous powers palpabiy with.
held b. the constitution, could not Justify the
parties TO II, IN interpreting even so far as Ia
arrest the progress Of the evil, aud thereby Ia
preserve the constitution itself, as well "a 10
provide for the safety Of the parties 10 il.
there would be an end to all relief from,
usurPed power, aud n direct subyersion OF
the rights specified or recognised under all
the state constitutions, as we'll n plain de.
mai Of the fundamental principle on which
our Independence itself was declared
/ The only plausible objection that can be
urged against this right, so Indispensable tc
the safety Of the states, is that il may b,
abused. But tins danger is believed to b,
altogether imaginary. So long AS our Unior
Is lelt as biesSing-aBd this will be lust SC
long as The federal government shall confnc
! ats operation within the acknow lodged limit,
Of the Charter there will be no temptation
for any state 90 interfere with the harmoni.
Gus operation of the system. There will cN.
ist the strongest motives to induce forbe Al.
ance, and none to prompt 60 aggression on
either side, so soon as II shall come TO b,
universally felt ard acknow lodged that ia.
states do not stand Co the Union IN the reia
ton Of degraded and dependent colonies. b,I
that our bond of union Is formed by mutu,
sympalhies and common interests. The tru,
answer 10 this objection las been gwen b,
MIR Madison when hc says
! VI does not follow, however, that because
: The states, as sovereign parties 90 the cousti
tutiJbal compact, must ultimately decide " he.
ther It has been violated, that such decision
ought To be- interposed, either IN a hasty man.
ner, or on doubtful and Inferior occasions .-
Even IN tie case Of ordinary conventions be.
tween different nations, II u always lad dow
that the breach must he both Wilful aud ina.
ierial to justify an application Of Tie rule
/ But no the case Of an intimate and coustitli
d N'F'Ht "ha'Hf tiht tNhA hi uit lutltu NAAlGs
I Il . evident that The interposition Of the par.
ties, ~ their sovereign capacity, can be cali
cd for by OCCASION only deeply AID essential
e y affecting tie vital principles u their poll.
teal systcm'
I Experience demonstrates tlist iho d.nzei
- not iiiat q state viii resort 20 her sovereign
rights too frequently or on light and trivia
occasions, but that she may shrink from a..
sorting them az often a. may bee necessary.
10 o. maIut1iHed by south Carolina that &C.
cordiug 90 the true spirit Of the constitution
II becomes Congress ~ all emergencies like
The present citlier 10 remove the evil by le
Ei-lation &C To- solicit of tic states the cali oil
a Convection; and that on a failure a. Obtain
by the consent II three fourths Of all the
state. an amendment giving che Disputed pow.
&C., u must be regarded rs never having been
intended o. b. given. These prime iplrs have
teen distinctly recognized by the Pres rien
I himself in BIS message ~ COngrcss al he
I fgur.aur off liz s.rra-.s