Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1833-01-14

rciistel oy ths authorities > ,ay S,at, The u.
clslons OF the federal counts upon all questions at
slug, OF which they have jurisdiction by Law, afe
Of superior eulhoriiv To those Of the state court,
upon the sans questions but the ordinance, In u
VOID this constitutional difficulty, surpassed,
l.d not provide for any opposition Ia Tao jurs,i'o-
oa oi tue fsJetal courts or 10 the rendition ottfslr
ld...Dcuts, bu, have only directed tlst thcW jals
aiei,ls s1aH not DC executed. The oeIluance, no
wins ',alHs tbs ingenious cantriVaaee IS stu ID,
yS3aa, 10 Ias eAiugc 81 uneoasilta'.anstiiy. In
.i4s HH.AutIty whlLh CIV, Ia the court Its Jntis
dieann, gives % Il the power Of executing lis llts
t=nts .,n resistance - The one Is resistance 10
lhe o.. aia are alike uneonsa t4fonal Surely
10 da.s.oA oi tue courts would b, 81. l.5Ge ov1 II
,aaI 81 ,u,,nts were iaeaicaeious \ late Wft#
~ the unitoi states Telegraph, venting his iml,o
tent lase aud nl,liee AGAINST the e,esdcnt ann ms
Proclamation, deal"i the intention of South aato-
Ina IL ltte,lere with the judgments OF the federal
courts but when we examine the remedies winch
ars put INTO the hands of defendants wnnse good,
may DC seized II virtue " An execution issunS III
thtae lgments lrcpteui8 and caPias adj i0taisf-
Il4at.) IL IS manifest that, although she d'ei not
intend To interfere w.th the jud ymen,s oI the federal
courts she intends to pfohibt their eution IN Cd
ses arlsiny ua,er the revenue iaAs wtlhn the
State rAe ordinance Therefore controls the
sdtutioa and laws Of the Unitei States IN relation
10 the venue laws, wh.eh Is Clearly uueo0stte
tioua
Iaifi--The ordinance IA unconstituuond b.
Cause II denies the ris nt Of appeal nom tile JUDI
mdniA OF the Statc courts, go",ns out Oh these
laNs--fh1 lcderd counts have jurisdiction OF thts
sahect and lAatth have south Clrona nas not
j., ooo, Lyl enooSh to deny thela~S Of c'ngrs,s
expressly provide ul theight OF appeal, & yetthe
:, IL. Al,
( IL nIanne, II which It las Been Il ED XII D.
the racaicss purposes and unLahoVed duca.Iaa-
ton Of the convention, efee'nlIiy 10 wo'h ON tier
4 saf.anizine scheme Of nulllsi si1n. 1noy dano
deftre ths.t tie leofnl couis shall entertain 10 u
tisaicllon OF tAese questions, hut they d clare tbe
= copy Of the rero,u Of tic Judgment which my br
pronounced stall not be furnished from atB statt
! totut under Il hlavy penalty; and amy cit2 II
10 .Indl present any ree0d for the purpose Of al
appeal IS declared anIity OF nigh roHiemih 81 tonit
! iefe " & are presented with bold .ttemlt on tiit
part OF single state, clieeaaily to oppose and Oh
street within lis Ulfi itoria limits the laws OF ttie
| UnHei St1tes of ganztng and establishing tllc iad
! efal cou.tg and d-Iin.ns their iU,sdic1 " and
laws, too, Acknowledged TO he constltduoot-le'
/ cells, tarough them, Other laws, Which thy are
| nlsased 1apncIoa5ly - tefm unconsutaHoati MY
/ o enforced
! r atii Tie otlioance T., unconstitutional,
: hsetasc IuascribvS - the lujrl1ry the manner
n witch It shal dcci 70 all questions OF coustlia
tonal,iy arising ulicr tire revenue iaws--hat Is.
i eoppels the courts - tce ti1t ihev are uneo,i-
/ stfl.,.5,la and pold Tins pat OF the ordinance
! ngai inc pfefeeau>c Of tn Judiciary, which has
! III Constitutional right 10 decide tor itself at CON
( sttlatpaat q9ea0ons. Tic Independence of the lu
/ aci4tg IS "a tIlemo witch us animated the ptt-
tali,sl .u nsplF. tie bo, Is Of liz friends OF Tree
/ government, III all a-cs, ana more particularly III
o1i country. | pom ii depends the security Of
! he, property, liberty and reputation and every
! approach to It's invasion Should be viewed With
jealousy and resisted With ptomptness and cner =
/ Ia tie case before ms South Carolina has required
all In ll.ss anl urles To take an oali that taey
Witi f1lhflt,V execute this ordinance that is, that
! they vii decide that the revenue laws are naeon-
stitudonal aud render their verdict and judgment
accordingly aud thus Judge VIM may eonscl-
cnttously believe these laws In be eons'tnuonBl IS
nevertheless conpellcd 10 swear that he vii de
eide dat they are uucoAsi'tutonal or be dlsns3eJ
! from Office : Tn alternative with an honest man,
is no d,ubful Every case therefore Is decided
in udvanrr by the ordinance. and the courts have
re othct duty 10 perform bur to submit 10 the dc
,a!oa, and register Their Judgment, III obedience TO
this notable edict Was there ever h1ore da,iag
and drspotio attem 10 snavst the nlfpcnde ice OF
the Judiciary, aud make IL an engine of tyranny
! end onnr sslon South Carolina wlil have III
/ sfef'.tie ct6s8 r~eaea of attempting the first
3.n.eb ~ the Mi of security wh'eh our ancestors
created for Tn Il fnca ii our lives, liberties and
prop r'y,Ly The means u an irdcpcn1 nj judiciary
! lae orllnanee Is, in his pafIcuiaf, at war with
,he principles ii he tut constitution, which recos
uz's aud asserts tor the judiciary independence Of
thsetinr dtpar,m nus ofihe co"crnm nj Again