Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1843-02-09

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Froa ~ Nassau i,>.i,...>,,sS. .,,
NULLlFlcA11oN or THE CONsT1rur,on
The theory Of Nulli6cstio.. y :;:sssi,.., l.,
State Legislatures 10 laws u the Us;;e.s S,...2
10 sufficiently offensive to common 49,. -,
not more 90 than the pssrice, ~ she ss ~,
bodies, OF attempting TO nullify the Coase;ss.
ton itself, by ordering Senators Of me Un;ss.,
States to resign their seats before he exn;rs-
ton Of the terms for which they wsre chose..
The theory in the latter case i 60 m,eh
moro miscellaneous than in the former, from -
attacking the sensibiiities Of individuals, hers-
totore too apt to assist the purpose OF he Null.
lifen by yielding 10 assertions Of pow.x
which, without such yielding, would be inns.
tent and ridiculous merely &biist'in ne IN.
mer case tie theory Gun hover be reduced ID
Pracnce 30 long rs an Independent judiciary
continues to constitute the safeguard Of Lber.
~ and the Laws. For this .constitu,ion,l
TACT" may we never forget our Obligation a.
NOSE great and wise men who called this
Government into being -
The pretended right Of the Ler;slatufr oe
any State TO order the Senators sent Il, The Con.
gress OF the United States from such STAT. =,
resign, Is equally Inconsistent with The let,e,
and the spirit Of the Constitution. and u
wherever asserted, 2 Hagrsnt invasion of onS
OF us most sacred principles.
"Ihe Senate Of the United States,n eavs the
Constitution, "sha!i be composed Of two
Senators chosen by the Legislature thereof: .,
and, when the Legislature has xchoscn'' these
Senators, 1t has hoikifg more to do with them.
hese Senators, says the Consultation, shah
Pee De chosen by the Legs!sscre Eoa slf rEAss"
wee, is an essential element of tlru Son.to;fasl
Office. To abbreviate il, to obs,ruct its exccu-
ton, to cut il down from six years to two
years, or to any other term shorter than six
years, ny any political invention or evasion, ia
a direct violation of the letter or tke Consii,u.
uon. Nor less obvious is it departure from
The Constitution of the United Saies Was
the offspring of experience, bv which IN, In.
efficiency and inaptitude of the Old Confedcr-
alton had been conclusively tleino6siis,es,.
Greater durability was perceived 10 be : ~.
cessary element in the Government. >tn s;v.
stability to its policy. Il was for that resson
:hat me Senate was established, and chat an
independent er,stence for six years was piveh
10 me Senatorial Office, as it was also, but for
rter term, 10 the Representative Office.
Inc delegates to Congress under the Confed-
eraf'on were appointed annually, S,cith a po,t-
,er 'eSerped TO each State to recall its Dele
,gaes' or amy OF them, at any time ,rith;n The
gear, and send others in their stead for tha
remainder of the year.'' The famer. <,f m.
Constitution for. the government Of this IJn;,m
took care to enervate it by no such absurd and
provisions to get rid of which.
indeed, was the main object Of the People IN
changing their form Of government. Nothins
can more clearly negative the pretended right
III the states TO instruct Senators out of their
seats than the absence from the Constitution
OF the provision by which such power in re-
gard to their Delegates was mot implied. in.
herent, or constructive. but expressly l.uysL
serUed 10 the States" by the old articles OF
Considerations
Our attention has been attracted anew TO the
heresy of this doctrine by the proceedings in
the Legislature of Virginia within this week.
oy winch series of resolutions was passed
~ithout debate, "instructing'' the Senator'S
IRON that State to do divers things which re-
solutions are prefaced by asolemn affirma
tion" OF the obligation of the said Senators 10
obey or to resign their seats. If there can be
any action OF a State Legislature more entire.
~ out OF the line Of its political duty, or more
repugnant to every notion of moral right than
tnis, we cannot imagine il, unless the same La
gislature were to order both Houses TO recop-
Mise forthwith its paramount authority over
their proceedings, or forthwith to break un
and 60 home. This would indeed be no
greater usurPation of power than that which
the Legislature, in passing these resolutions.
has actually attempted.
An incident that occurred in the course of
the proceedings on the resolutions in the
House OF Delegates shows the power Of riii-
cuie, when aptly used, as test or truth. Al.
ter passing all the resolutions but the last.
ordering the Senator's 10 use all proper meals
to repeal the Bankrupt Law,) one of the mem
oers moved an amendment thereto, TO the *.
fect that "a committee of the House be aunu-
ally appointed to go to Washington 10 supeer-
Intend our Senator's" Though this amend
merit Is In no respect more open to objection
than the main propositions affirmed by the re-
solutions, (of the right to instruct Senator's.
and their duty to obey,) yet the other, placing
the pretended power Of the Legislature in :
new and startling light, produced "great con-
fusion" in the House, which "prevaiied Tor
near an hour" and at last was only ended. aD-
Parenlly, oy the movers conserving 70 with
draw the amendment.
HoaRoks or waR-ACoI. yefnzisr was one 81
the most efficient military officers in the French
service, under Napoleon, and from his military
Memoirs correspondent OF the New York Eve
ming Post translates the following. from Chapter
w., Battle Of Ausrriitz: