Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1851-08-14

The Savannah Georgian publishes the
following letter from Judge Mclean, as
sound opinions Of man living in non.
slave-holding State, on one Of the questions
of the day:
Knoxville, 23d October, 1884.
My Dear Sir: As l am about leaving
this place for Ohio, have but few mo-
ments to reply TO your favor Of the 2lst
inst.
In my view, no powers can be excrcis-
ed by the federal government, except those
which are expressly delegated to il; and
should think that the experience we have
had ought to convince every one that any
extension of the Federal powers must en-
danger the permanency Of the Union.
All judicial questions, which arise under
the Constitution and laws ofthc Union. are
referable to the Supreme Court ofthc Unit
ed States, and its decision is final in such
cases. This tribunal is expressly vested
with the power to decide such questions by
the Constitution, which was adopted by
the respective States The Supreme Court,
then, has been made the arbitcr in such ca
ses by the State, and its decisions are bind
ing on all Engant parties.
But, if political power be asserted by
the Federal Government which is contro-
verted by State, and it cannot be made n
Judicial question under the Constitution or
laws of the Union, there is no tribunal
common to parties, and, in such case, ef-
feet cannot be given to the power. The
decision ola sovereign State in such case,
is as good as the decision Of the Federal
Government, and Of necessity, there must
be mutual forbearance.
An unconstitutional act of Congress i'm
poses no obligation on State, or people of
State, and may be resisted by an indivi-
dual or community. No one, believe,
viii controvcrt this. Butts a State bound
to submit to u systematic course ofopprcs-
sion from the General Government | an
swer no. Ii should remonstate again and
again, until all remonstrance is vain and
useless An appeal should be made to
the other States, in all the forms sanctioned
by the Constitution; and ampletime should
be given for reflection. But if all these
efforts shall produce no effect, and the
oppression withers the hopes Of the
State, and dries up the sources Of its pros
perity-and the people Of the Stateare fore
ed TO the alternative Of choosing, under
such circumstances liberty orslavery, they
may, and should reject the latter, and as
sert the former by open resistance. This
is an inherent and inalicnable right, which
may be asserted and maintained by every
organized community.
Instead Of enlarging its powers by rule
Of construction, which may be contracted
or extended at pleasure, the Federal Gov.
eminent should act within the sphere allot.
ted to it, and consider that the true glory
of our Federal system consists in attaining
the great object of its formation, with the
least possible action upon the diversified
and conflicting interests Of the people. IL
this way, and in this way alone, can sys-
TEN, so eventful in its origin, and which has
excited the astonishment and admiration
Of the world, be made perpetual And
need not say, what every enlightened indi
vidual must admit, that upon lis perpeiuiiy
the cause of rational liberty depends.
Iftime permitted, would give more
detailed reply oyour inquiries; but ] trust
this very hasty scrawl, under the circum-
stances, will be received
Very truly and sincerely yours.
JOHN MCLEAN.