Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1837-10-17


from their own doors, for still rushing on,
in the career of usurpation, regardless o,
the warning of the State. II Virginia aiu
not mean notification, the tact Is, sue
meant nothing at all. TO put this matter
beyond the possibility of debate, Will cue
an act passed by the Virginia Assembly
ot the same session in which the Resolu,
lion Of '98 was passed, MULTIPLYING
the Sedition Act as to the Members oil her
Legislature. 1t is in these words:
"Wbereas. the freedom of speech and
proceedinrs appertaineth Of right to the
General Assembly, and the preservation
thereof is necessary to secure the Liberty
of the people. :.
Be ii acted,-That if any person shall
arrest or prosecute, or be aiding or abet-
ting in arresting or prosecuting member
or members of the Senate or House OF
Delegates for, or on account OF, any words
spoken or written, any propositions made,
or proceeding had, in the said Senate or
House of Delegates, every person SO
offending shall be deemed guilty of mis-
demeanor, and shall be apprehended, com
mitted and tried therefor, as in cases of
other misdemeanors, before the General
Court, or Superior Court Of Law of this
Commonwealth, and being thereof con-
victed by the verdict Of Jury, shall be
adudged to suffer IMPRISONMENT for term
not exceeding one year, and shall pay
fine not exceeding TWO THOUSAND DOLLARS;
which Imprisonment and fine shall be as
sessed by Jury,
sand if any member or members Of the
said Senate or House Of Delegates, shall
be arrested or imprisoned, for or on ac-
count Of any words spoken or written, or
for any proposition made, or proceedings
had. in the said Senate or House of Dele
gates, such member or members may APP
ply to the General Court, or to a superior
court of law, or any Judge thereof in va
cation, for writ Of Habeas Corpus, who
are hereby empowered and required to
issue the same, returnable before the said I
Court, or said Judge, and upon the return
thereof, to iberate and discharge such
member or members.
''The provisions Of this act shall be ex-
tended to the arresting and prosecuting
any person or persons for words spoken
in the said Senate or House Of Delegates,
or for any proposition made, or proceed
lngs had, in the said Senate or House Of
Delegates, and to the discharging or libe-
rating any person or persons by 1abeas
Corpus as aforesaid, although such per-
sons shall, by Disqualification, or from
any other cause, have ceased to be a mem
Dor Of the said Senate, or House OF Dele
gates, at the time Of such arrest or prose-
lltion. or Of the trial, Judgment, or inn
orisonment, in consequence thereoF-pro-
,ided that nothing herein contained, shall,
n any respect extend to the power which
ither House Of the General Assembly
low hath, or may exercise over their re-
pectiye members" See revised Code,
ol. |, p. 1874.
Now what rejecting man can deny but
What Virginia was an advocate OF nullIt-
alton? Who can doubt, after she is
ound practically carrying OF the doc
rnes of notification, that those cele'
rated resolutions passed al the same ses-
ion with the act of notification, d9 not
ct forth the great principle of State IN
exposition contended for by the present
State Rights Party?
Mr. President. before conclude, | will
lake one remark-that we do not contend
hat each State is the ultimate arblter IN
uestions of disputed power between a
tate and the General Government. JEFF
erson never claimed this. We have al
rays admitted. with Jefferson, that the
can be settled by conventions
f three fourths of the States, acting in
bedence to the 9th article Of the Consti-
ltion; that is, they can amend the Con-
titution, and confer the disputed power on
he General Government, or refuse to do
/. The question can be settled in this
manner, if the General Government is
lot resolved to push the matter to ex-
remity. But a convention of the States
AVE no power to act upon the question
n any other way than that specified in
he 9Th article, for the Constitution gives
hem no such power.