Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1833-01-10


which have been delegated TO itby the constitution
| because, ~ government can be sovereign. without
the power 10 enact laws ami carry them into effect
In the ease before rs, the general government IS
clothed with The power 10 enact laws, but csnuni
carry them into cgegluon, except Mt the discretion
ol the States because the notification otnne nj
these laws arrests IL operation and makes Il VIVID
AS To all suppose the ease ot'a law nnnuisd by
one state aui not hy another oes 1t mol present Il
most Singular spNtacie, Ola law void aih MOI ,uia
at the saline time, and yet cmanaling from the san.e
authority, and on It's taen binding upon the same
people Is nntthla an anomaly IN the history 81 CIV
eminent Then, TOO, the power BY one state To alis
nal makes yDl the whole law nulliied and tus
Il single state by nm arbitrary act Of state sovef-
elsntv, may ,rrestthe operation ofthe laws Of tho
general government At discretion, and must, IN the
nature OF things, BIZ sovereign over the genctd gov
e'nlnehtso Tar AS negative power can be sovereign.
THIS. how sept cannot be the true theory Of our in
sI,tuons, OF, n It br, the unlen il rope Of
sahd, existing the discretion Of any one of TWEEN
ty.iour independent soseregnios, and liable 10 be
dssolved hv the whim ~ caprice nfeithcr at plea
snre, by Della wafs with her 80 oiD nhabitant, as
we'll by New York with her three millions. Woald
Sach Union DC worth the SACRIFICES which were
made 10 create IT, and which daily made To pre-
serve II II would noThc true principle niis
I've, that the government of the Union Is sovereign
over all tie powers granted by the constitution, and
the states over oil powers not delegated, iu, re
served to them that the states fein9ushed all
claims 10 sovereignty over the powers delegated,
aud conferred them upon the general government
For the purpose o. illustrating tins branch Of tic
subject, by The views entertained by the runners Of
the constitution, an extract Of letter from Gcneta
ngtnn ~ b,, be ,dt
| The convention, of which he WA President IL herr
subjolned lie says, al is obviously mpracticntlc
IN the federal government of these saies to s.i,c
| oHtte rights II independent soreyeieBv 10 .catb
and yet provide for tie interest and safety II all
individuals entering INTO shtcty must give mp II
share Of liberty, To preserve the rest The ray nj
| ,udc Tho sacrifice must depend us well on ern,tiu,
| aud circumstance, as on the object to no obtained
| Il IS AT all times difficult 70 draw viii, precision .hc
line heiween those rights which mast b. sHtfeNdfr
| ed and those which nay be ycseyrei" And agsin~-
In all our nebe rIiions on this subject WE kept
eadily IN view that which appears to rs the great
| ,stintefes, OF evety true American, The coasoijdd
len Of oHt nnion. in which IS involved our pros.
perty, felicity, s't,ty, perhaps our national txis
tonce Surely, IL could NOT have catered into the
mind oi he author of these sentiments thar there
was reserved To- OF conferred upon, the respective
, states this extraordinary power over the laws OF
the government, which they had Just io,mea, with
| 81 much elaboration o,re labatlf and solititude
Herr judge Dahiri, who WA an able advocate CT
the Virginia resolutions of 9s %, ia his speech, IN
| their support, in the Virginia Legislature. lie
sand, L" Tie constitution ofthc l. 5 was dcpn
ta,Ion OF power from the several STATES for III" pm
poses of Federal government whefeln The scr
crai states were sdrepotsW and fHdcpf1dcat as 10
powers not granted, & the EfdcrdtE m@nme6 soy
| cresn Il tndtPcadeat as TO these potcerS Wdfch re,e
cyanitd' Thus distinction was not eonrovcricd
by any of the advocates OF state rights, and at
repudiacs the idea Of state sovereignty ~ relation
| To any OF the powers conferred upon the federal
government while IT declares each sovereign 10
its reserved powers.-l,decd, tho idea tia, the
states IN surrondering power reserved the right to
control the powers Surrendered, IS paradoxicdl AT
absurd. Yet, tins is the practical result Of IulI-
! fcaron
II has been said thu, in the cxccse of this power
by state there remedy Tor is erroneous ndis-
! cree, or njudlcious exercise. Not so, however IN
| relation To- the Federal Government II II shall
transcend il powers, there is remedy. In many
cGscs prescribed IN the constitution resort may be
had to the Judiciary Of the United States which is
clothed with tie power to arrest an Unconstitutional
and there also lies snte appeal 10 the people
| IN the periodical elections and they have never
| failed IN nG,to arrest all errors or usGrpotons by
| changing their public servants. These appeals
! give great security against the usufpatIdus OF lhc
| genera govcrnmeni-h security not TO he found
against the usurfaiions Of the States clothed with
the power of notification, has been above
| shewn.
| II this doctrne Of notification br true, there
won'd resul, irom 1t principle winch has been
rcpuaiaod ia all free aytrnments-~I mean the cx-
ercise Of The powers Of the government by the nj
! neritv-for as Las been shcwn, rulliiicatnn may
render ln'iIccual the laws nuliihcd, aud Thus neg
aGvcly ut least the po~ors Of the majority Will be
| controlled by the acts Of the minority and although
! the minority cannot enact laws, II eau prevent their
opera ion and thus maze the nets Of the majority
powerless aud ii this point of view this power
| in single state would be dangerous IN the extreme
and as odious as dangerous.
Ii is not to be understood that the power Of each
stale TO nudge of palpabie voatons OF The consltu-
! ton, whereby It's own reserved powers are usurped
by The federal government, s denied. 1t Is not Oh
,na contrary, Il Is here Asserted. For example II
the federal government were 10 egociss the powers
within the state Of Virginia, which Patpdb'Y belong
ed " lcf own Judicial, executive ar legislative do
partmen,, would II be reasonable 10 suppose ih,'
she r.as. appeal 10 any department Of the ieGera'
government 10 determine The question OF uneonslin-
tonali,y, before she resisted and defended herself
against the aggression ?-Ccnany not She is
entitled TO her own leg stature, Judiciary and exec
utive and she has the right 10 organize them IN her
| own way that she docs not e,,Iravene the con
siitu,ion Of the United States. Shc may regulate
| the laws of descenis, Of contracts &c within her
own borders and among her own citIzens. aud If
the federal government should undertake 10 disor-
ranIze either department Of govcrnmentor regulate
by law those subjects belonging peculiarly to the
state urisdlcilon-'or instance, her law OF descens
or contracts,hls would be ono oithose phfpae~ Vi
Citations Of the constitution, of which the slate mus,
L L.. L. u L