The southern press., 1851-10-01

Constitution in the last resort; and it may b,
e asked for what reason the declaration by Tho
$ general assembly, supposng it to be theoretic
ally true, could be required at the present day
: and in so solemn manner.
0 On this objection, il might be observed, first
I that there may be instances of usurped power
|; which the forms of the Constitution would
never draw within the control of the judicial de-
D partment; secondly, that if the decision Of the
, judiciary be raised above the authority Of the
several parties to the Constitution, The decisions
Of the other departments, moi carried by me forms
Of The Constitution before the Judiciary, must be
equally authoritative and final with The decisions
Of that department But the proper answer 10
the objection is, that the resolution of the gr-
neral assembly relates to those great and ex ra-
ordinary cases, in ,1hich an The forms y The
Constitution may prope ,inefsctuai against in
fractions, dangerous to the essential rights OF
the parties to IT, The resolution supposes that
dangerous powers not delegated, may not only
be usurped and executed by the other depart
ments, bit that the Judicial department also may
exercise or sanction dangerous poaoers beyond the
grant If the Constitution; and, consequently,
that the ultimate righ Of the parties to the Con
stitntion, to Judge whether the compact has
been dangerously violated, must extend to vo-
lations By one delegatsd authority, as toeH as an
oher-by as ,oell as by The erecaipe,
or The leg stature"
Extracts from Mr.. .Madison's Letter to Mr.. EUers,
1880. "a.
Should the provisions Of the Constitution, rs
here reviewed. be found not to secure the gov
eminent and rights of the STATES against usur-
pations and abuses on the part of the United
States, the final resort, within the purview of
the Constitution, lies in an amendment Of the
Constitution, according to a p ocessapplicable by
the States.
And in the event of failure of every consti-
tutional resort, and an accumulation OF usnrpa-
tons and abuses, rendering passive obedience
and non resistance a greater ev than resistance
and revolution, there can remain but one resort
the last of allan appeal from the cancelled OBJ
| legations of the constitutional compact to origi-
| nal rights and the law of self-preservation-
This is the ultima ratio under all governments,
whether consolidated, confederated, or CON-
round of both and it cannot be doubted that
single member Of the Union in the extremity
supposed, but in that only, would have right,
as an extra and ultra constitutional right, to
make The appeal
What the fate of the Constitution Of the
| United States would be, if a small proportion
of the States could expunge parts OF it particu,
larly valued by large majority, can have but
one answer.
The difficulty is not removed by limiting the
doctrine to cases of construction. How many
cases Of that sort, involving cardinal provisions
of the Constitution, have occurred How many
now EXIST How many may hereafter spring up
| How many might be ingeniously created, if en-
| titled to the privilege Of decision in the mode
| proposed!
| Is it certain that the principle Of that mode
would not reach further than Is contemplated
| IF a single State can Of right require three
fourth of its co States to override its exposition
| of the Constitution. because that proportion Is
authorized to amend It, would the plea be less
plausble that. az the Constitution was unani-
mously established, 1t ought TO be unanimously
expounded?
The reply to NIL such suggestions seems to be
unavoidable and irresistihle--tha. the Consttu-
ton is a compact; that its text is to be ex-
bounded according to the provisions for expound.
| ing it-making part of the compact; and that
none of the parties can rightfully renounce the
expouuding provision more than any other part.
When such a right accrues. rs may accrue, IL
must grow out Of abuses OF the compact, releas
! inr the sufferers from their featy to II.
In favor Of the multiplying claim for the States,
/ individually, it appears. as you observe, that the
| proceedings Of the legislature Of Virginia in 9S
and 80 against the allen ana sedition acts, are
much dwelt upon. .
| II may often happen, as experience proves,
! that erroneous constructions not anticipated
may not be sufficiently guarded against in the
language used and tits due to the distinguished
individuals who have raiseonceived the inten
ton Of those proceedings, TO suppose that the
meaning Of the legislature, though well com.
pretended at the time, may not now be obvi-
Gus to those uracqnsnted with the contem.
porary indications and impressions.
| But il il believed that by keeping in view the
distinction between the governments OF the
| States and the States in the sense in which they
were paylies to the Observation-Disclosures the
rights of the parties In their concurrent and in
| their individual capacities -betveen the several
| modes and objects of interposition against the
abuses Of power--yand especially between inter
positions within the pur-iew fthe Constitution
and interpretations appealing from the Consttu
! ton TO the rights Of nature, paramount to all
| cons,i,; -dons--wlth an intention always OF ex-
planntory use TO t !, views and argument which
were combated-the resolutions =. '"aHiiH, "
vindioatsd in the report on them, will be fonnU
entitled To an exposition showing n consistency
in their parts, and an inconsistency Of the whole
with the doc rine under consideration.
That the Legislature could not have intended
10 sanction such doctrine IL 10 be inferred from
the debates w tina house Of delegates. and from
the address Of the two houses TO their constitu'
ents on the subj ct ~ the resolutions. The
tenor Of the debates, which were ably conducted
and are understood TO have been revised for the
press by most, if not all, Of the speakers, dis
closes no reference whatever 10 n constitutional
right in an indivi iual State To arrest by force
the operation Of a law Of the United States
Concert among the States for redress against the
alien and sedition laws, ~ acts Of usurped power
was n leading sentiment; and the attainment Of
concert the in mediete object Of the course
adopted by the legislature, which was that ofin.
viiinq the other States 10 concur in declaring
the acts 20 be unconstitutional, and 10 ca operate
by The necessary and proper measures, IN main.
tanning unimpaired the authorities, rights, and
liberties reserved to the States respectively and
TO the people, That by the necessary and
proper measures, TO be concurrently and co oper
a,ircly taken, were meant measures known To
the Constitution, particularly the ordinary con.