Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1833-02-21

4
governments. This would produce general
INSTRUMENTATION. anarchy, and confusion m
our whole system.
The President mus: look TO the ConStitu-
ton and Laws Of iLe United State, alone. for
his rule of action-the Laws of the several
states cannot controul him lcgitimatoiy. The
gentleman from Dinw iddie ia effect. MAIN
tanned that the union of the states was only
during The pleasure OF the pafiicS for lie con.
tended thsicaeh state could secedc whenever
she thought she Lad good cause to do So lie
wished the Union was a rope of sand-he
preferred H. Mat produced the present
Constitution of the United Suites: Was i,
not the weakness of the old ConiederaCy, the
ihefliciency of that machinery, Even under
that system, MIR. Jefferson contenled shat CO.
ercion, actual force, might be used D, the
Government against tie states, in order TO
compel ohedicucc To the acquisitions of the
'oniederacy. But now, under the present
system, which must bc Acknowledged by all /.
To DC much stronger n an the old Confedera-
ton, It is graVoiy maintained that force can
not he used against a state.
The present machinery Of the General Go. |
vernment does not operate upon the states a.
such, but directly upon tie people indy dual-
~, aud II acts alike upon one or all of tho
people of any state.
The gentleman from Albcmarie. (NIr. Gil
mer) claims the right for n single state To
Jndge OF the infractions of the Constitution OF
The United States by Congress, and to act up
ton that Judgment. This is the very principle
Of Nullifcation-this is, in effect, a state re,o
upon the acts of Congress. l deem such ac-
ton unconstitutional aud revolutionary so far
rs II goes. The people of every state-ihe
Legislatures oil every state, have "A right 10
| express their opinions upon the legislation OF
Congress. They have an unqucstionablc right
10 influence public opinion, by all the arcu-
mcnts and persuasions they can offer, to in
duce change of policy 10 effect the repeal
Of any law OF Congress 10 which they are op-
posed, but they cannot constituiionaliy ACT
IN opposition To the laws Of the United States
The people of Virginia, in adopting the
state Constitution, reserved some of their So
vercIgn rights; the freedom OF speech aud re-
iigion; the right of private property, &C.
Suppose the Constitution OF the state is yio-
lated, and these Ecscryed rights of the people
are iniriDged by this legislature, what is the
remedy First, appeal 10 the judiciary de-
partmcnt-n that gives no relief, appeal 10
public oPinion-if no relief is obtained in that
way, what Is the remedy then Can a single
individual throw himself upon his reserved
rIShts'-his sovereignty !-Iroclaiu that the
Constitution Of the state has been violated
the compact brokc8--that lie viii no longer
be bound 10y II, and that lac socedcs and set.
up Tor himself? Can a county do so can
ten counties 90 so; The absurdity of sucl.
measures is manifest What Is the remedy
tien IN such case Re volution, resort To
+ the ultima raiio
! The states in adopting the Federal Consti-
tuition, reserved some of their original, soyc-
reign rights. suppose some Que state should
be of opinion that particular act of Con-
gross had transcribed the Constitution. what
Is the remedy The same ia regard To the
General Government, - in the case of a citi-
Zen OF a state IN regard 10 hrs state govern
mcnt. The individuals in each state are the
constituents Of the Constitutions OF tho states.
The people of each state, ia their collective
capacity, are the constituents &. the Federal
Constitution.
have shown the absurdiiy Of single con-
isiItucnt of a state Constitution, Judging of the
constitution and laws Of n state, 4 actin: upon
that judgment and deem il equally absurd
that single constituent of the Federal Con
stitution, should judge Of the constitution and
laws Of Congress, and act upon that judgment.
The one government Is more limited ia it,
power than the other, but the principle in.
yolved. IS the same ia both. Both coustitu-
tons are the creatures Of sovereign powers
some sovereign ;his are retained ia both
cases by the creators: the minor part Of the
source Of power, an neither, can control tie
not.
The same gentleman from Albemarle, de.
clared that the constitution would be useless,
unless each state could igdge Of tie infractlon
thereof, 10y Congress, and act upon that iuds-
mcnt; that this was llte only conservative
principle. differ entirely with dat gentle
man; the concession Of such a principle,
would, ~ my judgment, be destructive of all
goreTnmsWt of the Union. Zach state in the
l.. r.. a.
the legislative department Of the Federal CO.
vcrnment no law can pass the Senate with
out tic vote Of mai 'rity Of the states and
yet The gentleman cottcfds that each state
after lia,in been fully heard ou tle pas,ase
OF az act % Congress, after haVifg voted on
the question, can rctisc that act and " ~ h.
opirioY, tlIe act - unconstitutional She can.
pa, jnd{mcn upon II ard sct At aside
/ Constitutions are of the greatest irtyor-
lance and utility IN III orr Governments ". in.
out the prigSiple for which tie gentleman
irouiend', Constitutions arr formed for %,
I purpose q protecting tic rights % thc min0-
riiy from The power u the uia ioriiy under
The operation 4 tie COVE rnment. Tho first
principle ia all our governments b., that Tie
Constitution being enacted ~ the people in
Their sovereign cbafac;tr, - the supreme
law tie Legislators. Who arc tie scent. 81
Tie people act under ibC authority 81 tlc
ConstituiiDn, and sf, 90 s1.cmbiy sworn rot
o. iuiaie 10. The, isotC ctrck Upon thc fs..
IJority The framers 81 tic Icder al Cgu.ttl.
lion PLACED 'ofas reliance upon ias ,irfue aDd
iniciliyence q their follow men, aud conf lsI
somewhat IN che solemn sanction 81 au oafh
flien thcrc h its Judiciary De paugcf.. cnts-
posed g men selected ior their talrn. ar1
INTEGRITY, and $40 arc 10 placed as 20 have
uo motive ioviol3te ti.e Colsiitution. who ar'
also s-ora ~ support b., ard ore bound lJ
their Oaii.- ~ pronounce void. and g. asaic.
any law of the Lcgiaatiys Department Thai
violates Sic Constitution 1hr BEL another
cheek upon fl,e power n ihc majority. Bot
p these aFe rot alf fIe chicks upon ho power
of the majority Of thc gropie % thr I n'tcd
States iu ths Federal Uotsmmert The Con-