Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1833-03-25


fHeter, direct circumstances ofihe lcgislatttre@
The Sta'cs 10 Congress, instructions 10 their res4
/ Two senators 10 propose an explanatory nmsE
mont OF The constitution, and ap locations ntI !.
themselves to Congress for the call Of q cont&k
! ton. At The end Of tbs specification, the reIaIs
| adds these several means, though not cquA
eligible IN themselves. nor probably to the stan
were all oohritaiipRaiiR opened for eonsleratiex51I
As the occasion called for full exposition Of FL
measures of State inlcrposon deemed 10 III I
within the limits Of The constitution" the spcs5I |
caton here made must be considered accordine.Ft
well known rule of Interpretation, as exclude.
IN the minds of the writer and those who ndoIkfT |
The report all others not spec fed, fiom the clost H
ra"di nfohaf modes of state interpretation. lfilbX1z
he possa5es IN The report or expressions in the y
solutions Then, which seem To contemplate otl3I!
modos of redress, not receivable into these lii
must be considered referring 10 those erfre III
fasrs Of governmental abuse or nsirppion, whiff|3
would Justify resort original rights parnmou Ill
To all constitutions Wl
Sr, it has been sometimes tdhhhngfg sad, a. &
II the Virginia resolutions meant nothing mef {
tlnh TO asseit tlght &C nltrI osiiion on tsaAN
pat al The States 10y detidy mr. net IF Cd}8
grew Haeona8atf0ai, and fatndtfR A,rc,1#I
aPPe0t u tie otte St0tes ~ peH IS IL te gtner VIII
g0fc' afffai, the able - sonuns Of Mr. Mu5isen#s
fepot was very usccssty expended IN ,naintaiisgI
ing a rSht which no one waald contest Eii5, sl#t
ha right was formally and explicitly coufes iaf tHI
all the Sinea which returned answers 10 ha res,sNl
1i4nns of Vfglnin, with Tie exception Of ke9ieeb#l
oolY Let gentlemen look al the answer 81 lgl
en- by The Legllam of nc5ware Nov 3ofi III
Connecticut, Rhode lhlaaj AlaasaelNsttfs, Ne'iR
Hampshire and Vermont, and they will see that Ia
u&h' was boldly denied y them all--that they an
eonendcd that the right Of pfonouncing the col 81
etliutonnl'ty ofnots Of the General Governmef Il
was tftiRSe ely vested in the federal judiciary AM 81
that declaration by State legislature, such al
Virginia hal made, OF tho unconstaonnlity Of u Il
net q, Congress, WINS an unwara ninble interfering
with The constituted Authorities of the Union. ~
Attempts lnye nlaa been made sir, 10 cecry thin
right as utterly idle and worthless in prasllce. X
have already had oGcaslon to remark thai the exor B.
else ii this rsht IA % mad %, 10y rullying publi.f
opinion 10 The true principles OF tho Constitution 4.
ana cmhodyhB It's expression III imposing orgnna~sS
Cd forms, ~aa found adequate, no, only corrcc-
the Particular nsurpalions Of the alien and sedt,off
oeta but 10 produce an entire and fundamental rev s
ointlon IN the administration Of tho sovernmentif
The s'rtng and stlI progressive changes Of pub Ri
lie opinion m VHtous quarters of the Union the III
sul1aet OF the Tnrl, which also had occasion toll
notice boar continued testimony tho efficacy ofia
the same constitutional remedies. til, IN systomsi
like ours, founded on the moral foco Of public opln-
ION It IS remedies of this sort persuaded that +
viii lie found most effoetua while violon, and UNIV
constitutional modes of redress like that of South
Carolina, will ever be ATTENDED win danger of I
reaction excite prejudice, confirm the obstinaey of !
power, and raise up new obslacl.s in the way OF L
rcliof
Stri would appeal 10 gentlemen fom the South, !.
who profess attachment 10 The constitutional doc
tunes which arc cherished ia thai quarter Of tho ]
Union, aud ask when was there ever less occasion
to despair OF tho moral power and Ultimate nscen-
daney OF a sound public opinion When have
more fiumphs been won for the cause OF State
rights md Of limited constitutional copstruc-
ton, than during the last four years, by tho
patriotic Chief Magistrate IN whom the public /
opinion of THIS country has found firm and
nnllhehlns ofgon Has llc not sir. by tho s
courageous exercise Of n power which had i
hitherto almos, lain dormant IN the constitution,
annhlated the earliest cncroachmcnt Of federal
powcr--hns he not, IN like manner, arrested the
wasiciu torrent of public expenditure for unconsii-
iutlonnl objects, and has he oot nobly used he 10
stu using the IN influence with which the
hdcncc OF ms country has invested hun TO relieve
every portion Of that country from the burihens Of
thc unequal and oppressive system oftaxation Of
winch we complnn2 Sir refer to these topics
VIII 10 wish 10 awaken any unpleasant recollec-
TONS past contests here or elsewhere, but simply
to remind gentlemen who come from that portion cf
have alluded SO generally prevail, Of the rapid
progress which those principles have made under
the auspices OF the present Chief Magistrate, to-
wards settled uscendancy la the public councils;
and To ask them If there was less for the
friends Of those principles 10 dIsrnst the the peace
fuI influence ofopiaioH and by dying TO extrem-
ties, 10 hazard not only their TRIUMPH but the cxis-
tence of our institutions themselves.
will proceed now, Mr. President to state very
briefly my IDEAS of what we are called upon 10 do,
IN the present circumstances of the country. If we
were TO separate without doing something and
something oilectua too, to vindca,e the despised
authority the laws, the Government and the
tnton would be tbonceforward virtually dissolved.
Our onths to support the Constitution-our highest
duties TO our country (Which, having right to
eq"at laws, IS entitled also TO eqnat xecuion Of
thcm) demand, at our hands, proper and eifectual
provisions for the execution of the laws in question.
My plan. then, would be simply thls--I would
take up this new code of nulllfcalion | would ex-
| anime It IN all its Inventions and apply TO every
one Of its Devices encetual counteraction.
Whereas, nuAifeatt1n provides that goods held
for the payment of duties shall be taken gu of the
hands OF the collector marshal under color Of a
fraudulent process Of repln, designed for the sole
purpose of defeating the laws of the United States.
| would say, as the bill now under consideration
says,on well settled principles Of jurisprudence,
that goods thus the custody of the law are ire
pleviablo, and shall be given up only in obedience
| To the order decree of n Court of the United
States. NnHfcation, while 1t subjects oiiicers'of
the United States TO heavy penalties and damages
for discharglng their du les provides that all com
royersics, civil or criminal which may arise under
! its ordnance, snail be drawn exclusively to the
STATE courts the judges and Jurors of which are TO
be bound by solemn oath TO carry the Ordinance
into eSecuton--prohi bits, under high penalties,
appeals from their decis ons 10 the Courts of ths