Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1849-02-22

4 - -t-A $50
this letter throughout The county, suppose Tor mo-
ment that their delegates are cl0thed with he power
efdissotring this Union D0they think themselves
bound BY ihe resolutions Of l647 and have they sent
US here 10 carry out such resolution as the 81 one
hsof The john cpmmiilee Why, the resolution 81
1877 bound The people 10 no action whatever They
rteil sill born at the moment Of their BIRTH They
were merely enapty words--blank cartridges whose
ear, II il ever reachedit. Hundreds and thousands,
nay, tens Of thousands Of the speople Of Virginia
| never read or heard Of those resolutions And II
| they did. they have forgotten them.
The people, then, are without notice. and are un-
warned and unprepared for the repetition Of such
resolutions with the addition OF another for prompt
action, and calculated 10 involve them, their tamil
les and The very institutions they profess 10 sustain
IN the hazard Of revolution. These resolutions OF
the Joint Committee contemplate immediate action,
and rife with notification secession and rrvol-
ton. They have borrowed Mr.. Calhoun thunder
and the members from Wheeling and Logan both
'think il was omnpotent in past times. don't agree
with Them in its effects, and for one, will not resort
to it, do not believe, as they do that il frightened
orforcedt the general government nlothe compromise
act. That compromise was brought about by agen-
/ eies far more powerful than Mr. Calhouns vaunied
thunder, or such resolutions as We are about pass
ing The voice of Cancellation and the love of union
the imperishabe love Of Union In the hearts of the
American people, led TO that compromise Similar
feelings will again lead to the adjustment Of all vex
ed questions about the territories and without any
resort TO the quackercs to be found in the Quacshop
OF notification.
II the general government SHOULD pass and attempt
to carry out unconstitutional laws twill be full time
TO hunt up the remedies; and doubt if any better
or wiser can be found than the constitution itself a
fords. The men who framed that government were
not 10 ioresee thar unconslitu-
tonal laws might be passed. Nor were they 50 stu
pid and devoid vi prudence not to provide reme-
DIV Tor them. look TO the constitution, and TO the
81 section and Sd article and there read "The ju-
dicial authority shall extend to all cases in law and
equity arising under this constitution and under the
laws Of the Oniled States" Here is the remedy for
all and any unconstitutional laws Congress can
pass Surely this should be tried before revolution.
Ii the prohibition OF slavery in the territories is un
constitutional case may be taken TO the Supreme
Court Of the United States, which will in peacea-
Bile manner settle the question Take your slaves
New Mexico and California, if you are sure the law
is unconsttutionalL don't advise il unless you
and my word for il, you can get from the Supreme
Court more sensible exposition of the law than
you will ever find in multiplying resolutions and in
revolutionary pronunciamentoes Ali the prohabil-
tiles are that unconstitutional laws will be so de-
elared. That tribunal was established for the Elk
press purpose OF settling disputes, which il was
clearly toreseen would arise among so many differ
entS,ates, andiarring interests, The very design Of
its Institution was 70 avoid the appeal TO ali the
"dirks pistols bowie knives and butcher knives e.
\ enumerated by the member from Elizabeth City,
Hear what Mr. Madison says IN the 39th number
OF the Fedefalist and in which he is especially dis
linguishiDg the characters and Jurisdictions al the
general and state governments. He says most une-
quiyocally, that, in all disputes between the two
governments about their powers and respective ju-
risdicton, the tribunal to decide is to be establish
ed under the general government. But will quote
literally: sit is true, that In controversies relating
to the boundary between the two Jurisdictions, the
tribunal which is ultimately TO decide is to be es-
tablished under the general government. But this
does no, change the principle Of the case. The de-
cison Of il is 10 be inparially made, according TO
rules or The cnnsiitiiinn and all the usual and
mosi efectual precautions are taken 70 secure this
impartialily. Some such tribunal is clearly essen
a TO prevent an aEpcGt 10 the s1rord and dssolu-
lion Of the compact; and that il ought 10 be estab
shtd under the general rather than under the local
governments; OF to speak more property that IL
could be safely established under the hrst alone, IS
question not likely 10 be combaed. Here, then, IS
the constitution and Mr. Madison on one hand, and
hatconstifution adopted by the people with full no
tice given by Mr.. Madison that ii established tri
bunal TO avoid an appeal 10 the sword-and on The
other hand the wild theories Of these latter days.
and the metaphysical and mystical deusions and ex-
travagancies OF Mr.. Calhoun. On the one hand
tribunal morally sublime-the tribunal Of reason,
and with aall the usual and most ehectual precau-
lions 10 secure s acknowledgement on the other,
the tribunal of brute force which these resolutions
lead TO- to wit: I"diiks, pistols, bowie knives and
butcher knives" The people will weigh well which
of these arbitramenis they CHOOSE As representa-
tive oil potion OF them shall not undertake. to
pledge them 10 the latter Mr. Calhoun himself as
scented 70 Mr.. Claytons compromise bill, and voted
for ii; thus acknowledging the jurisdiction Of the
Supreme Court 70 decide questions arising under the
| Proviso, Shouldn't pass. For, If the constitution
gave jurisdiction TO the Court in such cases, no
| compromise bill could give L.
| | shall proceed, now, 10 another authority relied
upon as precedent for the resolutions OF the joint
! committee Tie resolution and report Of 1913 have
been referred TO over and over in this debate for that
purpose. They furnish no such precedent The
resolutions oil the joint committee find no shelter
no support no 'said and comfort under The resolu-