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

fees BY (sres. The former NAV Nd -
change In the lsgislssivs exprcs.ioo of ,h.,
general win; possibly 70 . change in the opI-
mon Of Tho judiciary. The latter ssEovces the
general will, whilst that will, aud that opin-
Ion, continue unchanged. AID il thess BE mo-
IMPROPERLY IN dseisrsaF the uscosssssu ,joo,Ii-
~ d Proccsdings IN the federal sovsrsaent,
wnerc can Do The impropriety OF communica-
tng the declaration TO other states and in
wing their concurrence in q like deelarationf
what Is allowable for one, must be allowable
TOT AM and q free communications among tho
s.a'es, where the constitution imposes no re-
strant, 10 ~ allowable among the stale no.
vernments. an among other public bodies or
private citizens. This consideration derives.
lawesght that cannot b6 denied To H. from the
relation OF the state legislatures to the fsde-
raj legislature, n the immcdiate commitments
Of one Of its branches" Add the truth ia.
mat hero lies The great fsll.ey in the reason
ing OF all the nulllfers-tAsy riu assume the
osicc Of Judge. This IL their course OF arxu
mont: their first proposition is, that all acts of
congress, contrary 10 the constisution OF tssT
United States, arc void. This will not be de-
Mod They then affirm, that the tariff law ia
contrary TO the constitution therefore the
tarih law Is void But how have they sss-
efssasd their second proPositioni BY their oscr.
Judgment alone. The constitut,onality of n
protecting tariff has been affirmed and su.tain-
ed by majority Of the people Of the United
states oil both houses Of congress, and by all
our Presidents, from the foundation of the 20
rernmcnt to the present time.
But these nalli6ers, being majority
lot the citizens Of q single state, have re-
Gently passed jsdgm<mt upon thi. Question
aud their Judgment j, infallibie- no man must
Question tall the people in the union must
DOW 10 II, As an enanation from Supreme in
teiiigcnce- This is certainly the supremacy
OF arrogance; nothing less. And these gen
uemen claim 10 be exclusive republican,
rhey, being nero majority Of the citizens
OF a single state, claim the right to sxpouud,
and construe, The constitution eonclusiseIy:
They, being small part Of the people Of the
United States. claim the right TO revise, pass
Judgment upon, and apnul laws passed by n
majority Of the whole people Of the United
states. Once admit the principle that each
state IN the union has the right Of legislative
or judicial revisal Of, and judgment upon tho
acts OF congress, and we NJ once have the
monster which Mr.. Madison describes in the
44th number OF the Federalist, nearly In these
words; "The world will sec for the 6rst
time, system OF government founded on the
inversion OF the fundamental principle Of all
governments; II will see the authority Of the
whole society every where subordinate to tho
authority OF the parts; il will see . monster
w which The head will be under the direction
OF the members"
III this be not the principle Of srisfoersey. I
have yet to learn. and shall be glad TO know,
what principle IL Is. IL Is certainly the inyer-
sion OF The pure and fundamental principle of
ncPuoiic1nism which is, that the majority
shall rule For, according To the nulii6ers.
the minority must rrie-tho minority must
give The law. On the contrary, I contend that
after an act OF congress shall have received
the sanction of a majority Of both houses Of
congress, and Of the President. every GOOD
irepnhiiean citizen, (whate yer his own private
opinion may be y should receive il as the law
OF the land, rs being In pursuance Of, and
consistent with the constitution and yish
obedience to Il rs such, until Il Is pronounced
70 DC no law BY ue supreme judicial tribunal
OF The union, or until 4 majority Of the con-
stituent body Of the union shall, by their re-
representatives. IN congress, effect its repeal
Seventh interrogatory: els there any COM
mon umpire established by the Constitution.
TO whom may be referred questions touching
a breach thereof" . answer, that there n;
and that tribunal Is the Supreme Court Of ti.s
onssea States MF. Madison says. In the 39th
number ef the Federaitst, In this relation,
then, the proposed government cannot be
deemed national one since its Jurisdiction
Iextends to certain enumerated objects onIy
and leaves 20 the several states q residuarY
and inviolable sovereignty over all other OBJ
ltects. IL u true, that IN controversies relo-
ting TO the boundary between the two jnrisSse-
eide, Is TO be established under the general ro-
iverpment. But this does not change the priu-
eiPle OF the ease. The decision il 20 be AM,
partially made. according TO the rules OF the
constitution and all the usual and most eAec-
tual precautions are taken TO secure this i'm
parttaIity. Some such tribunal Is clearly e.
sential To prevent an appeal 10 the sword, spa
dissolution Of The compact; and that IL ought
TO DO established under the Tsn,rrl y,,ser
than under The local goyerntoentst or to
speak more properly, that II could be safsI,,
established under the first alone, IL a eo.itio1
not hkelJ 70 be toalbafied." Their are 49,.
othcr passages In the Feder1iisl. po,n~ ~.
show that the Supreme Court was inteneled ~
tne umpire, IN case Of q conflict between tbe
FEDERAL and state authorities. The eanstffa-
uoa "ssI' = conceive, clearly indicates tho
seme. u would, however. extend ibsss -.
marks too Tar, 10 attempt TO prove Il hv tbr
coDsutstion. The legislature Of yir9iain. ON
ono occasion u believe unanimously deelar-
60 The supreme Court % be the ere onder
the constitution. But have heard Mr. Aadi-
sons report Of 1893 cited =. nnfborisx On
prove thst 4 Is not the umpire, ss above az
armed. Mr. Madison, IN that reposs, nfirms
tnat ue supreme court = not The tribunsi IN
the last rssert 70 expOuBd ne constitution, aud
PEOSesds % saSW tl.ag here is car higher con
trolling power than The e0uTt itssif-but ooo
Ioaiy-and thst -, the power that made tka
constitution. The court, and every OtbsR de-
parimeni u the federal governmsat-sha
eoastituest body q ths union, Nhieh, IN ne
manner prescribed By the constitution, ean
amend that in'AFan'ent, OF modify any eSposi-
tion q q that may have been given by an,
eoart, % any other department e ths fsdsral
government lie further says Ia dat report.
= The aothofiiy 81 eoBstautioB. over govern
nebts, and Of The sovereignty of che peopls
over eonstitutioas, are truths .sbich ars Al IN
umes necessary 70 BE- kept Ia misa." To an
ths cordially ascent Bnt Mr. AlaAiaoo ne-
yer asserted The sbsurditJ Dat q part a no
cons, oent body, IN other words singJs state,
s ,, moohI ne oonsiitution, 81 oveFruIs ths
decisions Ofssbe supreme cent The efb.
Sth. ahd i0th inisrrosatories A.. n sos.ees,
20 viii TIE preceding na % Fsaairs no par
tieuiar snswer. Tsetfth i.ierrowstorv, egs