The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-05-30
From The 81. Louis Times.
Com snoave alth Of m.ss4ohu.otl..
In Senate. february 0. n

serious consideration The resolutions OF the Stale OF Viz
GINA passed he 2sl day OF December last and commu-
by his excellency the governor relative 10 certain
nractions OF the constitution OF the United States oy
the government thereof and being convinced mat Inc
federal Constitution is calculated to promote 'he naip-
ness prosperity and safety OF the people OF these States
SO essential TO the welfare OF the whole and being
bound by solemn oath TO support and defend tal con-
stuton feel 1t unnecessary to make any PROFESSIONS Oh
their attachment II, OF their hrm determination 10
support against every aggression, foreign or domestic
But they deem il their duty soemnly TO declare hat
while they hold sacred the principle, that consent OF Inc
power they cannot admit the right OF the Stale legsa-
lures 10 denounce the administration oil thai government
to which the people themselves by solemn compact,
have exclusively committed their national concerns;
that although liberal and enlighiene vigilance among
the people is always 10 be cherished, yet an unreason-
able jealousy OF the OF their choice and recurrence
OF extremity upon groundless or trivial
pTeexls have strong tendency 10 destroy all national
liberty al home and 10 deprive The United States oil the
most essential advantages in their relations abroad that
this legislature persuaded that the decision OF all
in law and equity arising under the constitution
OF the United States, and the construction OF all laws
made in pursuance thereof exclusively vested by the
people in the Judicial courts of the United States
That the people, in their solemn compact, which is de-
cared be the supreme law OF the land, have not con-
suted the State legislatures the judges OF the acts or
measures OF the federal government but have confined 10
them the power OF proposing such amendments OF the
constitution shall appear TO them necessary to the IN
teress confonabe to the wishes Of the people whom
they represent.
cable and dspassonae remedy is pointed out Tor any
evil which experience may prove to exist and the peace
and prosperity Of the United States may be preserved
without interruption.
But should lie respectable State of Virginia persist in
the assumption Of the right TO declare the acts Of the
national government unconstitutional, and should she
oppose successfully her force and will TO those OF the
nation, the constitution would be reduced TO mere CT.
phero the form and pageantry OF authority without
the energy of power Every act OF the federal govern
ment which hwarled the views checked the ambitious
projects OF particular State, Of its leading and inu
entail members would be the object OF opposition and OF
remonsrance while the people, convulsed and confused
by the conflict between the two hostile Jurisdictions, en-
joying the protection Of neither would be weared into
submission bold leader who would establish him
self on the ruins OF both.
The legislature OF Massachusetts, although they do
not themselves claim the right, nor admit the authority
OF any OF the State governments TO decide upon the
consttuonaity of the acts Of the federal government
still lest their silence should be construed INTO dsappo
baton, at best into doubt Of the constutionalty
of the acts referred to by the State OF Virginia. and as
the general assembly OF Virginia has called for an ex
preston OF their sentiments, DO explicitly declare MAJ
they consider the acts OF Congress, commonly called
he alien and sedon acts, not only constitutional bul
expedent and necessary that the former act respects
description OF persons whose rights were not
contemplated by the constitution of the United States,
who entitled only TO temporary protection, while
they yield temporary allegiance protection which
ought 10 be withdrawn whenever they become "dan-
geTous TO the public safety" found guilty OF ea-
sonabe Vaccinations against the government that Con-
gress having been especially ntrusted by the people
with the general defence of the nation, had not only the
right but were bound to protect 1t against internal as
well external foes that the United States, al the
time OF passing the act concerning aliens, was threatened
with actual invasion, had been driven by the unjust and
ambitious conduct OF the French government into war.
like preparations, expensive and burdensome, and had
then within the bosom Of the country thousands OF aliens
who, we doubt not, were ready TO cooperate IN any
Ii cannot be seriously believed that the United States
should have waited until the ponard had in fact been
plunged The removal of aliens is the usual preliminary
.H.I nj
nations. Actual hostility had, unhappily long been ex-
perieDced, and formal declaration OF the government
had daily to expect The law therefore, was Just
and sauary, and officer could with so much propeiy
be atrused with the execution OF it the in whom
the constitution has reposed the executive power OF the
United States.
legislature. equally defensibe. The general assembly OF
Virginia, The resolve under consideration, observe thai
when that State by s convention ratified the federal
constitution, ii expressly declared, That among other
essential rights the liberty OF conscience and of the press
cannot be cancelled. abridged restrained, modified by
any authority OF the United States I; and from its ex-
IRENE anxiety TO guard these rights from every possible
attack OF sophisfy ambition. with other States
mended an amendment for that purposes which amend
ment was in due time annexed to the constitution; but
they did not surely expect that the proceedings OF their
State convention were 10 explain The amendment adopted
by the Union. The words oil that amendment on this
subject Congress shall make law abdging the
freedom OF speech or OF the press"
The act complained of is Arrangement OF the free.
dom OF either. The genuine liberty Of speech and the
press the liberty TO utter and publish the truth but the
constitutional right OF the citizen 10 utter and publish the
truth is not TO be COMPOUNDED with the RIGHTEOUSNESS
speaking and writing that which only employs in propa
gazing fasehood and Islander This freedom OF the press
has been explicitly secured by most, IL not ALL the State
consutu lions and OF this provision there has been gen
orally bu, one construction among enlightened menhat
is security for the rational use and the abuse OF
the press, Of which the courts of law. the jures and peo
pie will Judge This right is not nnged, but confirmed
and established, by the late act OF Congress-
BY the constitution, the legislative, executive, and ju
dcal departments ct government ordained and estab
shed; and general enumerated powers vested in them
respectively. including those which prohibited TO the
several States Certain powers are granted IN general
terms, by the people TO their general government tor the
purposes OF their safety and protection The government
is not only empowered, but II is their duty to repe nva-
Nons and suppress nsureCons TO guaranty to the
era States republican form of governments to protect
each State against INVASION, and when applied TO- against
domestic violence; to hear and decide all in law
and equity arising under the constitution, and under any
treaty or law made in pursuance thereof, and all
OF admiralty and maritime jurisdiction and relating to
the law OF nations Whenever, therefore, il becomes
necessary to effect any OF the objects dsagnsed il per-
ecy consonant to all Just rules OF construction to infer
that the usual means and powers necessary to the attain
ment OF that object also granted Bot the consttu-
lion has left occasion TO to implication for those
powers; II has made express grant OF them in the
eighth section oil the first article which ordains That
Congress shall have power to make all laws which shall
be necessary and proper for carrying into execution the
foregoing powers. and all other vested by the
suon in the government OF The United States or in any
department officer thereof" a. saiaass5.. a 1900
The constitution has established Supreme Court OF
the United States, but has made provision for its pro-
ection even against such improper conduct in its pres.
ence - might disturb s procetdings unless in
the section before rected But no statute has been
passed on this subject this projection and has been III
nine years Dna uniformv found in tha ~ ~.