Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1851-10-20

the Executive authority oil each OF the |
other Southern Siaics. with request that
the same may he communicated to the
Legislature thereof; and that a copy he
furnished to each of the Senators in the
Congress ofthc United States.
Attest: JOHN STEWART.
1898, December 2I,h.-Agreed to by
the Senate. III. BROOKE.
A true copy from the original deposited
in the Office of the General Assembly.
JOHN STEWART.
Keeper Of tie Rolls.
Without comment ofour own, we now
give the Interpretation of the author, Mr.
Madison, as set forth in letter 10 Mr..
Everett in 1888. After speaking of that
provision of the Constitution which con-
fers upon the Supreme Court of the Uni
ted States the power to decide all cases in
law and equity, arising under the Consti-
tuition and laws THE United States, Mr..
Madison says:
"Should the provisions Of the Constitution a,
herr reviewed, be found TO the govern
mcnts and rights the States a-ains, usiIrpstion
and abuses GA the part of the United States. the Fl
nal resort, within the pHrview Of the Constitution,
lies in amendment of the Constitution, according
to process applicable by the States.
and III tic event Of failure Of every Constitu.
tiona resort, aad accumulation Of usurpation
and abuses, rendering passive obedience and
resistance greater evil than resistance rcv1tr-
tias there remain but fihc last OF all
appeal from the cancelled obligations of the
Constitutional campnet original rights and the
L. III
under all governments, whether consolidated, com
federated. compound ofboth and it canno; be
doubted thaf q single member Of the Union, ia the
extremity supposed. but in that only. would have
right, extra and ultra constitutional right, 10
make the appeal. This brings US to the exPedieni
lately advanced, which clnims fora single State
right appeal against exercise of power by the
& ,vornrnent of the United States decided by the
State to be unconstitutional 10 the parties 10 the
constitutional compact; the decision of the State
have the effect Of multiplying the act Of tho Govern
ment Of the United States, Unless the decision of
the State be reversed by three fougths of the pnr
ties
ITO distinguished names aud high auth riiies
which appear 10 have asserted. and given pract-
cal scope To this doctrine, entitle il TO respect
which ii might be difficult otherwise 10 feel for it
rhc favor of the nnllifyine Claims for the States
individually. it appears. sou observe, that the
proceedings of the Legislature Of Virginia, in '9S
and 80, against the Alien and Scdition uets, are
much dwelt upon.
at may often happen, IA experience proves, that
erroneous constructions not anticipated niny
sufficiently guarded against. in the language used;
and it is due to the distinguished individuals who
have eSconreived the intention of those proceed
itgs. to suppose TINT the meaning of the Legisla-
tire, though well comprehcnded the time. may
not be obvious to those unacquainted with the
temporary indications and impressions
''That the Legislature could not nave intended to
sanction such doctrine is TO be inferred from the
debates IN the uuse ct Delegates, md from the adj
dress Of the houses their constituents, the
subject nfthe resolutions. The ofthe debates
which ably. conducted, and are understood TO
have been revised fur the press by most il not all of
the speakers, Diseases reference Whatever a
constitutional right in individual State to arrest
by force the operation Of law of the United States
Concert among the States for redress against the A
lien and Sedion laws, acts oiusurped power. was
leading sentiment; and the attainment OF n con-
cert the immediate object ofthe adopted by
the Legislature, which that OF inviii ng the 9th
States 'to ia declaring the to be I'M
constitutional, and pcate by the necessary and
proper in maintaining iuviolate the author
tiles. rights and liberties reserved to the States
spectivcy and the intcrpositon ofthis control the
event showed, equal to the occasion.
1T is worthy Of remark, and explanatory Of the
nte1sions of the Legislature that the words not law
but utterly null void and Of no force effect which
had followed, in of the resolutions, the word
unconstitutional were struck out by common con-
sent. Though the words in fact but synony-
nous with unconstitutional; yet, guard against
a misunderstanding of this phrase than de-
clara:ory OF opinion. the word unconstitutional a. |
lone retained. not liable to that danger. The
published address of the Legislature the people,
ii,
of its views The address them against the |
encroaching spirit of the General Governments; ar
CUES the unconstitulionality of tie Alien and Scdi
ton acts; points to other instances in which the
stiiuennl limits had been ovcrlcaped; dwolls upon
the dangerous mode Of deriving power by implca- |
tom and in general presses the necessity of watch
ing the consolidating tendency of the federal
policy. But nothing is said that can be understood
to look to means of maintaining the igl t. of the
SiatNs, beyond the regular Ones within the forms Of
the Constitution"
VIII the Republican copy this letter ?
To place the matter still farther be-
yond the reach of doubt. by showing The
understanding with which the constitu-
ton was adopted, we re-publish the let
ter of Mr. Madison to Mr.. Hamilton, v rit-
ten in l7SS, after the adoption Of the Con-
stitution by the Virginia Convention, and
while the New York Convention, of which
Mr.. Hamilton was a member, were still
considering it.
MADISON TO HAMLToy.
New York, Sunday Evening.
My Dear Sir-Y ours of Yesterday is this
instant come to hand, and have but few
minutes TO answer it. | am sorry that your
situation obhges you 10 listen 10 PROPOSE
tons of the nature you describe. My opin
ion Is, that reservation of right to with |
draw, if amendments be not decided on
under the form the Constitution within a
certain time. is IL conditional ralifica ion;
that IL does not make Ne1c York q member |
otthe Nefo Union, and consequently Mat size
coNid nat be rccts ed on that plan. Com
pacts must lie reciprocal; this principle
would not in such a case be preserved