Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1835-02-19
JUDGE M'LEAN,


The Raleigh Star publishes the subjoined
letter, written by Judge NJ Lean. 10 gentleman in
North Carolina, giving his opinions on important
| constitutional questions
KNoxv1LLs, 23d Oct 1884
NV Dear Sr--As I am about leaving this place
| for Ohio have but a few moments to reply 10
| yout favor Of the 2lst ult.
In my view, no powers can be exercised by tho
federal government, except those which oro ex
pressly delegated to it; and | should think thai,
tho experience wo have had. ought 10 con-
vince every ono that any extension of the federal
powers must endangcr the pcrmouency Of the u
MON.
All judicial questions which arise under the con-
tho Supreme Cou,t Of the United States, and is de-
csion is final in such cases. That tribunal - ex
pressy vested with the power to decide such ques-
lions by the Constitution which was adopted by
the people OF the respective 8 a,es. The Shpremr
Court, then, has been made the nrb,ler IN such
cases by the States, and its decisions are bind
ing on htigant parties.
But, If political pow or be asserted by tho fedo
raj government, which is controvcuedby State,
and it cannot be made judicial question under tho
Constitution or laws Of The Union, there IS no rl-
bInal common 10 tho parties; and, IN such
case effect cannot be gwen to the power. Tho
decision Of sovereign State IN such case g ~
good as the decision Of tho federal government,
and of necessity here mus, be mutual forbearance
An Unconstitutional at Of Congress imPo'
,es no Obligation on a 3tete, the people of q
State. and may be resisted by an individual or a
community No ono behave, will con'rovcu this
But is s uto bound to submit to a systematic
course of oppression from tho Federal Govern
ment1 Ianswsrno. /, should demonstrate again
| and again, until all remembrance Is IN VAIN and
useless, An appeal should DO made 10 tho o'her
States, in all tho forms sanctioned by the Constltu-
lion and ample time should DO given for reflection.
But # all these eT,r,s shall produce no effect and
the oppre ssion be contlnued--an oppression which
wi,hcrs tho hopes Of the State, and dries up the
sources Of its prosperity tho people OF the
Sac are forced 10 the nlerna,ivo of choosing, un-
dor such c,rcuna ance,, liberty or slavery. they
NAV and should reject tho latter md assor,
the former by open resistance. This Is an IN
hcrent and an innlienabls right. which may be as.
serted and maintained by evcry organized commu-
nifty.
lnsts ID Of 'argins ito powers Ivy fule Of con-
s,ruc,ien, which may DO contracted or EXTENDED
al ole ,sure, the Federal Government should act
within tho sphere allotted TO Il, and consider that
The true glory Of our federal system consists IN at
tanning the great objects Off formation, with the
least possible action upon the diversified and con-
aictns interests OF the people. In this way only,
can this system evcnIfu in is origin. md which
has excited tho aston shmont and admiration OF the
world. he made perpetual. And need mol say.
VIII every enlishte red individual must admit. that
upon ~ perps,uty tho cause Of rational ,bor'y
depends
If,me permitted, would havsg,ven moro do
tailed reply 10 your inquiries. but 'ruat this so'
nv hasty scroll, undor the circumstances, viii DO
received.
Very truly and sincerely yours.
JOHN M'LEAN.
I, would seem. from tho eno, of this ep's''e.
that judge MLean has adopted the tene's OF the
Modification school 1t seems strange, therefore.
that tho Nullifyers do not take him az thar cand'-
date, rather than Judge White In point Of talents,
Judge NJ Lean is not nuch inferior to Judge White
in point Of moral character, he has no superior
IN lbs political principles he must 10 preferabc-&
he can certainly bring as much strength INTO the
6.,d Why, then, do the MULES not take hun up
II thev are determined rather to coalesce with tho
Jackson party than with tho National Republic
cansl We pause TOR arepiy.
~ Tho New York Courier has aos'ed tho
Webster aag.
frh,s said that Mr.. Kivanagh. now repre-
..n,ot;v. in Congress from Maine, 10 to Be appoint
| Cd Minister 70 Poeusai