Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1833-08-22

From fAs Richmond Wig.
To THOMAS RrTCHlE. ESQ Nh


You will be pleased to bear In mind. air
that have esdeavored, in my preceding let,
4 ters, SIMPLY TO prove, that the doctrine of
| Nulilhcatoa ~ fully warranted by the yir
ginia resolutions Of l79s. II have NOT .uc-
cceded IN this, have Mt least shown th,t !, !.
not so manifest departure from those resoI,-
hons, as 10 warrant the denunciation which
u has received, from the profcssed friends OF
State Rights. Stiii less warrant is there. for
oranuing a whole State with treason, for n
doping II. And, now, sir, permit. me 10 re-
mark, that Nall fesfio,. 1, not a .ii,f;nef s.d
Substantive principle at all, bui merely mode b,
rh,eh ,reH settled principles are carried Out iufo
Preeftes IL - absolutely necessary To hear
TINS distinction In mind The only principIc
| involved IN Notification is the right OF n
State To decide whether an act Of Congress
| Is breach Of the compact or not and n il
snail decide that II IS breach, to intcrpo>c
without waiting Tor the cooperation OF other
States Tor "arresting the progress Of the ey IL ~
| in sueh mode as not 10 break The Lr,ioa- mr. 10
ferTnpf The regular progress Of the Government
ruh'H the Constitutions. No one, I think, can
deny the correctness OF this principle. Null.
| lihcation processes to conform to IT, whilst
Secession obviously disclaims IL; because Sc
cession necessarily breaks the Union. You
wiz At once perceive, then, that there arc a
eouhuess number OF modes in which the prin-
by no means follows that tho doctrine tseIf
- taise, because 1t may be abused in practice.
Let us, then, forget, for the present, y. Caro-
Ina and all her proceedings, and test the cor
RICHNESS OF Notification by hypothetical
case. Suppose that the present Congress
should declare, by law, that the slave-holding
States shall no longer be entitled TO repre-
seutation in that body, for three-fftbs Of their
| slaves. The case Is at least possible. be rs
sured nd h<.s
gerous" m assumption OF power, as TO call
loudly for the most effective mode Of State
interpretation" warranted by the Virginia re-
! solutions. How would you have US proceed;
Would you appeal 10 the Federal Judiciary 10
say whether such law was constitutional ar
not cannot perceive how il is possible To
bring the case before them and even if il
could be brought there, il would be at least a
! year before il could be decided. In the mean
time, Virginia would be deprired Of about one
s'rfh part cfhsr proper repre- senfaficn aud ,rouid
continue TO be so deprired uRiii the Supreme
Court 'aigh choose TO fake up the case. She
would thus DC thrown on the mercy Of that
tribunal, for one Of her clearest and most I'M
Portant rights. Besides, this would assured
iy be directly IN the teeth of Madison's Re-
port, which reprobatcs the idea that the Su
preme Court has any rightful power over
such question. Would you appeal to Con-
gress to repeal the law' This Congress ce ases
| to exist on the 9TH of March, and our cleo
| tons take place in April. There might moi.
then, be n Congress in session TO whom the
appeal could be made and even IL there
| we're, what hope could you have that the
same men who showed themselves capable of
such PalPable usurpation, would immedi-
atciy disaVow II! Besides, this would be re-
cognizing the right Of Congress to decide on
| the extent OF ITS own powers, which il clear
| ly against Madisun's Resolutions. But sun
pose that the appeal should be actually made
and that Congress should refuse to repeal
tbe iaw---wouid you submit? The Presidents
doctrines would force you 70 do so. Yet
eanhot think that you would agree 20 such
doctrines in case involving the rights Of
your own State, although you advocate them
in the case Of South Carolina. No, sir, you
would not submit Then what would you do
4 Would you agree TO suspend the exercise Of
the essential right of representation until you
had tried the slow process of an appeal to the
other States, In their separate eharacteEs -
You would be ashamed TO counteuance such
q poor spirited surrender Of the right OF self
protection. Would you resort to armss Up
on whom would you make WARP Upon Con-
gress alone, or upon all the other States. No:
upon Congress, the actual wrong doors, Cor
that would be ridiculous--not upon the other
States, because they might not sanction the
usurpation Of their Federal agent, aud there.
fore. might not be guilty Of any Intentional
wrong. Would you seeedsy And IL you did,
hOso srOHId hsat redress the trreag, and restore
you 10 yosv rights Besides, sir, there would
be In secession, pOsifirs injustice 20 he other
States. Each State Is entitled to all the bcne-
ft which Il can derive from the Union Of all,
and Of course the withdrawal Of any one
State deprives the other states OF all the
benefit which they would derive from tho
presence Of such State in the Union There
IS no doubt Of the right Of a State TO with
! draw, and We shall presently see when aud
| how this right may DO exerted. bat for a
State 10 resort 10 secession, as a primary
/ means of Refreshing a wrong, done 10y tho
\ usurpations Of the other States, not only de-
feats lis own object, but does injustice ~ the
other states. Moreover, u iPso Iseto breaks he
UHiOR and, therefore, IL clearly as have before
shown, mot within the letter or spirit Of the Yir-
| GINA Resolutions. You would not sdopt any Of
these modes, and will now show how you
l would proceed. You would begin by declaring
Il the laW onal aud ,thoref fore mot OBJ
liSatory. Ia other words, sur, you WOnld null
i lily the law. OF course, you would stand
\ precisely ~ you dad before the law was pass
ed, and therefore. yOu would not consider
yourself ~ oct ef fhs URion, merely by tins
act of usurpati0n on the part Of the Federal
Government. You would proceed Co elect
your ttcPfeschabfcs ~ NVh6fe9a - htteto-
foro, and direct them ~ take thar seats IN
that body. " th0y were allowed "a do -,
tho law would BE- thus virtually repealed, and
all tlle wrong rcdrussed. n they we're not al
lowed 70 do 80, you would still feel under TO
obligation 90 surrender your share Va the
Union but you would sPPssi 10 Ne ether States
70 say ishffhsr hey ieoud saaciion his ufurPa-
fioR on tts part II lheig eosssaos agsnt OF ret.
! " the other states should refuse 60 sanction
the usurpsliop, YOU would thus be restored 10
your rights. OtberWiss, yOu would determine
, for yourself, whether a would be best fOr you
% remain IN the Union, with The loss % part
II your rights, OF g. out Of tha Untop alto
ysiher Now, so, All these primary steps are !,
ss you must m candor admh, pyscfssiy aHd
, sfriefy lSi,iii6esiioas but they ere Nalii6ea-
, tioa on proper occasion, and asserted " =
= proper nude. There j. not a State Rights
-. % anrlh L. - 49, 10 a "a lhlla an.