Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1866-02-10

g0,ernmenl, does not operate upon IiAe
States as such. bul directly upon The peo-
pie individually, and it goes alike upon
one or all of lhe people Of any STATE.
The gentleman fEnm Albemarls Mr..
GIn,eI) CLAIMS tbe right OF a single State
10 nudge of the inGractiens of the C0nstlta-
lion of the United States by Congress,snd
TO act upon tina, judgement. This Is the
very principle OF NullificaIion--Ihis is in
effect, STATE ueto upon the acts OF Cen
giess. deem such action unconstllu-
uonal and revolutionary as far as II goes.
Ths people OF every Slate--ihe LegisIa-
lures of every State, have right 10 ex-
press their opinions upon the Legislation
of Congress. They have an unquesnon'
able right TO influence public opinion, by
oil The Arguments and Pursuasions they
can user, TO induce a change Of policy, 10
effect The repeal OF any law OF Congress
to which they are opposed, but they can
moi constilnlionaly ACT IN opposition 10
the lave of The United States.
The poeple Of Virginia in adopting The
State GonSti,urion, reserved some OF
their sovereign rights; the freedom 'oi
speech and Of religion; Ihe right OF Prr
vaIe property, &c. Suppose the coBsif'
,ulion of lhe Stale is violated, and these
reserved righls Of lhe people are laIrng-
ed by this Legislature, what's the remedy!
First. appeal TO the Judiciary department
-if that gives no r, Lief, appeal 10 public
opiAion-I 30 Iellel is oolaHIed in thai
way, what is the remedy lhen?-Can a
single iudAyidual throw blmssIf QpOn his
reserved rights?-hls .overeignty!-Pro,
claim that the Constitution OF the State
has been violaled-the compact broken
tha, he wllI no loager be bound BY it,
and thai he secsdes and sets up for him
sell! Gan county do so !--rsn len
c, unles do so? The absurdily Of such
mpa,ures is manifest. Whs, is the rem
edy lheu. IN such case?-Revolulion, a
rrsurI to the uiiiInu ratio.
! he Stale III adopting The Federal Con
SlNUuon, reserved sOme OF their original,
sovereign rIghls. Suppose some one
Stale should be ot opn,on that a parllcu
IsG aci Of COugress had iranscended the
Constitution, what is the remedy! 1hc
sane in regard 10 he General Govern
menl, as in the case of clnzen OF State
in regard 10 his State GoveInmenl The
individuals IN each Stale, IN lheT eOIlec-
tive capacity, ale The constituents oil lhe
Frdt ral Com itulion.
have shewn the rbsurdity Of a single
cnns,il of Sla,e Constitution, judg
ing Of lhe constitution ard laws o! SIAe
and acting upon that Judgment; and
deem il equally absurd lhsI a SiAgte con-
stl,uent oi ,he Federal Constitution,
should iudge of the constitution and laws
Of Congress, and act upon ihaI Judgment.
The one government Is more hmHed III
its power Than the other, but the pTinRi.
pie involved, is The same III both. BoIh
xnnsi siiluli0as are the creatures ui sover-
eien powers; some sovereign rights are re-
lained in both eases, by the creators: the
miner part OF the source m power, IL
aeihcr, caa conuol The major, conslIiu-
tionslly or legally, and il ought not.
The same gentleman from AIbemare,
deeIaIes ,hat the cons liiulien would be
useless, unless each State could Judge OF
The inl:actien thereof, by Congress. aud
act upon tina judgment; that this was fhe
only conservative principle. idIHer IN
tirtl7 with that gen lman: the concession
Of such principle, would. in my judg-
menl, be destructive Of all gouernmeni -,
of the Union. Each Stale in The Upion,
has full and fair representation IN the
legislative department OF the Federal Gov
ernment: ho law can pass the Senate,
wi,hcutlhe vote Of majority OF the
States, and YET the gentleman contends
thai each Stale alter having been fully
heard, on ,he passage OF an act OF Con
gress, after having voted on the question
car revise lha, act, and If IN her
opinion. the sciis unconstitutional. she
can pass ju 'gmenI upon H. and Sc! 1t
aside.
Constitutions are Of the erestest i'm
porIsnce snG utility in all our govern
menls, without lhe princiPle, for which
the gentleman .con'cnds. ConsIls'Ions
are formed lor The purpose of protecting
Il rights Of The minority, from Tie pow
tr OF the majority, under the operation "i
the cov,I, men,. The FIRST PrsnciPle IA
all our governments il, that the consiIlu-
liun, being enacted by tie people, InI
their sovereign character. is tie supreme
law the Legislators who are the agents oi
people, acI under tie al h"rl'y Vi The
constitution, and ere al sclennly sworn
not 10 yiuiale it. This is one check upon
the msj trity. The iram'rs "f The FEEDER
al Cnn,Inniinn nl .e.d snu.e reliance ni.un