Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-02-21

unconstitutional, and, therefore, "nul and void."
The result, as is well shown in the remarks of the
high legal authority quoted by the lnelligencer,
would doubtless be the same.
Our opinion that Mr.. Madison's authority, in
the letter of 1880, might more properly have been
adduced in favor of the proposed consultation
amongst the Southern States at Nashville, than
against it. was founded upon the following passage
| of that letter:
"Ihe tenor of the debates fin the Virginia Legsa-
! ture of l79S-9 which were ably conducted, and
understood have been revised tor the press by most if
not ALL of the speakers dscoses no reference whatever
to constitutional right OF individual State to arrest
| by force law of the United States. Concert among
the States for redress against the alien and sediton
laos, acts Of uswped po0er, ,oaS leading sent-
ment; and The attainment of such a concert the i'm
mediate object OF the course adopted by the LegisLa-
ture which that OF inviting the other States to con-
cur in declaring the acts to be unconstitutional and to
cooperate by the necessary and proper measures in
maintaining unimpared the authorities, rights and ber-
ties reserved to the States respectively and to the
People,"
Mr.. Madison, indeed, in the next sentence, goes
on to say, "That by the necessary and proper
measures, to be concurrently and comparatively
taken, were meant measures ka,oDn to the consti-
tuition, particularly the ordinary control of the Peo
eminent of the United States cannot be doubted"
What he meant by this control of the People and
Legislatures of the States over the General Gov
eminent, he clearly explains in another part of the
letter. where, after showing that the judicial po,cer
extends 'to all cases in law and equity arising I'M
der the constitution, the laws of the United States,
and treaties made under their authority, &c." he
adds
"Should the provisions Of the constitution be found
not to secure the government and rights of the States
against usurpations and abuses the part of the Uni
ted States, the tnaI resort, pithin the purUew Of the
constitution, tles1n an anend.en OF the constitution,
according TO a process applicable By the States"
This process of amendment, can only be ap-
piled by the States, when amendments are pro-
posed by teo-thndS Of both Houses of Congress, or
by Convention called upon the application of the
Legislatures OF hpo-thirds Of the States, and, in
either case, are ratified by Conventions or bu Le-
gisIatares Of three-fourths Of the States, as one or
the other mode may be prescribed by Congress.
Now all must admit that it is utterly idle to expect
| either two-thirds of both Houses of Congress, or
| two-thirds Of the State Legislatures, to demand
amendments of the constitution for the purpose of
giving farther protection to the institution of sla-
very, and still more idle to expect treeourths Of
| the States to sanction such amendments. This
'fina resort within the constitution is therefore
utterly hopeless. What remains then for the
Southern States, according to Mr.. Madson's theory
of our Government, if they shall think themselves
intoleraby aggrieved? On this point, he does moi
fail to speak, in the same letter:
And in the event (says he) of the failure of every
constitutional resort, and accumulation of usurpa-
IONS and abuses, rendering passive obedience and nom
resistance greater evil than resistance and revolution
there can remain but one resorthe last of allan ap-
pealfrom the Cancelled obligations of the COMPACT TO
original rights and the law Of selpreservaon This is
| the ultima ratio under all Governments" &C.
10 sum up the leading points of Mr. Madison's
| advice to his countrymen of States which NAV
consider themselves sorely aggrieved by unconsti-
tutional acts of Congress, they are these:
lst Such States should with much concert amongst
themselves as is attanabe, in declaring the un-
consntutlonay OF the acts complained Of
indy They should cooperate together in the neces-
sary and proper measures to maintain their rights ant
liberties unmpaired
3rdly. These measures" should consist, first, in ar
appeal to the federal judiciary and then in an attempt
to amend the constitution
4thly and finally, if the judiciary fail to redress the
wrong, and it amendment of the constitution is denied
then the States aggreved remanded to ther orgi
nal rights and the law OF self-preservation.'
This counsel, it must be observed, was predi-
Gated upon the assumption, that acts in violation OF
the constitution have been actually passed by Con-
gress, as the alien and sedition laws had been
when Mr.. Madison's celebrated report and resolu-
tons were adopted in Virginia. If regard be had
to the difference between the circumstances of
that epoch, and those of the present day, we think
i no oil
dlson's views ought to be regarded as sustaining
the proposed Southern consultation at Nashville
If concert amongst the States for redress against
the alien and sedition laws was Justly "a leading
sentiment in the memorable Legislature of 1888
g. is not concert among the Southern States for
the peaceable prevention of laws far more often
sive in their character, likewise justfable and
pralseWorthy? The one is designed to give a
friendly though solemn earning, the other was
confessedly to obtain redress, through consttu-
tlona forms if possible and, if these should fail.
through the last resort to original rights.
The South now intends to be even more con-
sentative than Virginia was twelve years after the
adoption of the Constitution. 1t desires to fell
the Northern States, frankly and calmly, at what
peril 10 the Union they continue 10 press their DO
Icy of assailing the right in slave property. The
Convention at Nashville is no more in contraven-
ton OF the Constitution than was the great In
provement Convention which assembled, summer
before the last, at Chicago, and which, we re-
collect, the National Intelligencer warmly COM
mended. If the people of the Southern States
have not the constitutional right to consult togeth-
er concerning their common interests, then is the
Government ofthe United States as much mocke-
ry of Republican institutions as the Republic of
France.
We fear that the objections of the National In
teigencer to what is known as the "Southern
movement is based upon grievous delusion as
to the state of public opinion in the South. We
tear, the Editors cannot bring themselves to ap-
oft tho f1ot hot