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THE UBEUTV OF THE HIESS-THE SIltKI.D or FREEDOM TIIE THE SCOURGE OF TYRANT 5" BY CHABLES R. gijc eonsfttttttfoiKiUot . .. , i Ti'mr morning, at Three ; ' per annum, one payable m advance, or jAr S4 rfifa 0t a UntiI tk teniMna.tlo 'of tUc yCaf. - U )JU cttcd al 50 cents per squarfc, for tde first insertion, and 2 j cents iw-edtothe EDiTon on busmers fcon- llv. V, - . ..4 (ha t-l - .o .i..,--,n not be tafecnoai U1C v cr X)3I 31 IT 1 CAT I QNg- FEDERAL & STATE GOVERNMENT. COSCLUDED. ho then shall decide? In the discussion of ihi sri. v v more populous than herself? Let it be remembered too that th13 portion may have afforded the strength neces sary to pass the law ,-deemed to be unconstitutional; and m doing so. they may have acted faithful! v. nn thoir I to support the constitution. "What thee?1 Shall thev he toting question. I hope that one all important truth. !?lsIranchlsed of one of their citizenships,, because they which 1 think Ins been too dearly demonstrated to ad-1 av,e ,crcised a sacred priviledge, and performed a niiK.i uoum, win oe Kept, constantly, m mu people of North Carolina iu their connexion. :mit of doul.it, will be kept, constantly, in mind, that the I s!? , solemn duty in a conscientious way ion with the fe-! .V .VUMUUTlonai PTineipie'l! But sm and character. pIy & CeDAH StKF.TS. 1. iCIlllliS tLv.vA ivrnuvt iwucilicms U2 III Ih 7M!"- . i.i II- .1 1-1 x i. to JiiS mends aniline puouc lor me uoerat sup port afforded him since his establishment in this city Il.ivir.rr found, however, that the name of his Hotel, winch he originally adopted, "Congress Half," subjects liim to many inconveniences in consequent- of the proprietor of a public establishment in his immediate neighborhood, having assumed the same title; and being1 unwilling' by a continuance of the present name of his hc-itse to embarrass his neighbor as well as himself, he has resolved on changing' the same to that of Niblo's Hotel. Its central location being near the pr3 ncipnl places of amusement, end its vicinity to the public om ccsand business part of the Town, renders it a most de sirable resort lor any gentle rcen engaged in commer cial and other pursuits. The experience, which the subscriber has acquired as proprietor for many years of that extensive establishment the "Exchange Hotel." Petersburg, Virginia, and subsequent as an associate with Mr. Hekki'llof the "City Hotel" Philadelphia, will he trusts prove a sufficient guarantee to all vim may honor him with their patronage, that nothing shall be wanting on his part, or Dy tiiose in nis employ, to con tribute in every respect to their acommodati'.n s comfort. JOHN NTRLO New YorkDecember 4, 1832. 3 tf. uerai befi peor one Slates. tWv- ly its deTipciT.-i.ion, though all their representatives dis sent. AVe must discard the idea, so familiar to the speeches of rash and impetuous men, that people are not represented when they can't have their o-n-n way. 4.11' euch were the fact, the western rteoDle of this st.nt have not been represented for many years. were the fact, New England was not represented when she opposed the tariff; nor the southern people 'when they have opposed it. This remits from the maxim, that, in a republic, the majority is the ruling power. Let us examine the policy and justice of that maxim. Men are fallible beings, and therefore will differ, and differ honestly. Of necessity, there must be some peace able arbiter, where they have laid aside the decision of die sword. That arbiter must be either the many or the few. "Why are the many chosen? Because, our object being truth, "two heads are bet- all willin; renounce thevr CI U f'l J1 1 nil T O I- - . T lltn r-. . . . T Tt f-rr tt---i Vv- 1 " . . - - i 1 . ! hWrhPV finnt dn. - 1 i - r i re that connexion.ibeing'now but a part of the whole .V . u'uwuu, unics tor auegeu oreac ic: As tar as they are not thus connected, .thev are!1 v mat compact, i.kc tier own constu Ieople, and not a part. In the Con-ress of the Uni- , - De c.xpottaea by those tor vu om it was made, ter than one" -'In a multitude of counsel there is safety." Because, our object being happiness, it will be secured to a larger number. Because our object being interest, the most numerous ponton oi the citizens wm oe secommouateci. Because, ov.r object being justice, that tribunal, sub ject to ihe lewest chances ot corrnpttou, lecteu. ppose thev rai ciiizensnin. r h of ntion their proper agencies established for that purpose A distinguished politician of Virginia, in announcing to us, on request, his political creed oa'fhi? suhiprt pv- i.plicitly denies the right of Nullify ,'oa and admits ihat cases in lam and t'juiiy, inrolving the constitutionality of an act of Congress, are properly .'by the form of our If such?overnm?nt.subinU,edtthe supreme court: but when i ut question is one oi poimeai power, mat between the federal government and the State, whether the former has invaded the reserved rights of the latter, he holds, that questions of this kind do not belong to judicial cog nizance: Because "the constitution has v. t con ferrc-d on the judicial department any political power whatever." With much deti'ereiice for the opinion of that'gentleman, I must affirm it to be past my com prehension, how a court can decide a question involving the constitutionality of an act of Congress, whether in law or tquity, without passing on the question ot political power, directly. For! in order to ascertain whether the act ii constitutional. pursuance thereof had been omitted, the powers of Con gress would not have been laTger than thev now are: ioi w ouia tftat omission have given the slightest strength to an unconstitutional law, or affected the mode of re dress against it. The same caution is observed and in as marked lansruase. in affixing the validiivof 11-1 must then, be indefinite!', and forever, expunged Still the dodge is very adroit; for she thus evades by two unconstitutional laws, and leave them to be judged and 1 if' three fourths of them shall dL-.i.,uiice the article, it dicnncn 1 j'. t f . - I ... ....... ' v. j oi, w auiTine las imnnt nil rrrirmT "s. orsran- 1 tzed on the principles of balances and checks:. Tere are several expressions in the constitution which are obvi ously inserted out of abundance of caution. Tie 9th & luth articles of amendments are unequivocallv -pf thi T.l. ........ , . ... ' . m me arucie now oeiore us, it the words' Jn easy steps, both the majorities of Concrress and the opinion of the Supreme Court, and carries her noi;t by vi., I'o'u.in. aim a crv fciiKiu lumoruy j xre states .'be herself, composing a part of that minoritv . I stated the case of a new state, but it is cleartht she is not more culpable than an old one, who may by this aoctrme, insert the same article into her constitution, in tJefiance both of the opinions of Congress and the Feder.'-l Ccvrt. But why is the nul.lifjring- state boufir! by the instruction of three-fourths of all the states? because they are a majority? The principle of a ma- Jnritv 1 r rn ?icitlv rerndintel . Ttrr-inc fiv- mitra . ; t - - - I ' r i . .... rw Biithrtntr I . , . : 1 a -m . . - . . whirh ?c nnt r i- , ,"'. 1 menu against Iki vvui. men sue is not a sovereignty t es asare ?ot o? But slss she will sub- ont! -..... 1 -. . -, . ' . 7 . uuuuril2tu uy u. .1 fi . . . : mitb are not necessarily the supreme law of the land but only such as are "made under the authority of the irutea Mates." The United States haw nn If thf nnwpp of iStl'UiliP". for thprns!rct iKn f.i- A contrary doctrine would dire.-tlv nf- . . t . . . . firm t!nt i,; j o . u J ,erai consuiuuon. ueionv l" ll,tr p'-wpie 01 an' one state, w k'h he Sw Senate could usurp a power ,convencd ln lhejr eiy, how perf, ctly futile il ves couH nof v'.- . f fi IIous .of Jeprescnta- the declaration, that a state constitution sliall be void, n fa could not. Jjiany of the powers ot the Federal Go-1 c -t u - -i .v - vernment maybe exercised, whether by legisSn, or !? far "5 !' !?y ber S TrV ? S n?tllU treaty- and it would be the climax of nUonhfv i!lIaws a"a tr?.at,es of the Unitt-cl States .Thepeople, lorm tne state constuunun. in lain, that Rtdfn t,,. j . .J . (WHO - - unii ui uiu iil'ui. v t 1 i i 1 -- 1 tr iw 1 un'opiinn' tip 1 state constitution, tne court must necessarily decide, whetliir Congress pos sesses the political power of passing it: Jnd this enquiry the very act ot they mi-ht be usurncd in illPn,n, ti.p. m!trammS-' l0 certainly g.ve it as their solemn opinion, Now, is there a man in all our government, w ho will !f thT,r.e 13 ? r4ePl.lSnancf betwei them They are say that a treaty with Great Bnttain, solemnly ratified r?'11'111 their most powerful capacity, and if and adjudged by the Supreme Court to have been ma(e-Ate be ths sovereign judges of the question, it under the authority of the United Sttaes, is "not concht-, Jf. . y st?uled; and a provision, that what 13 in con svely the supreme law of the land? Can anv S'ntP n, 1 : ",ct Wlth tne constitution of the United States, shall be Hfy this treay, because toher, it appears to be palpably I , ' d"wr'ght nonsense. imrujiMuuuonaif it one can. all rn.iv. hut n u-miiH 1 still be in the Union. Here, then would be a case, w here u uuij , uiaue uy tne autiionties ot the people of the U stiouid DO sc-i must always be that tribunal, tn: become "dishonest and destitute nd 1 acres of Iniid tor sale THE SUBSCIflBEK being anxious to remove to the West, now offers forsale his valuable plantation situated in the county of Wake, 12 miles west of lia. leigli, on the Stage Koad leading to Chapel Hill, and on the waters of Crab Tree, Williams, Indian and Leak creeks: There is of the above mentioned tract, six 01 eight hund ed acres of the best bottom land, and about two hundred cleared and in cultivation. This laud is considered, b' all who know it, to be one among the most valuable tracts in the country. I would rather that persons wishing to buy, would view the premises and judge for themselves. It affords a pretty good situation for a Store, &e. There is a comfortahle iwel in an I g i out houses, with a little repairing, l'er oi", ashing to buy, would do well to apply eurty, as a greit bargain may be had. I woutdtafcc -young negroes in p rt pay; or pa t in cash, and give long credit for the uaiauce; or 1 will exchange t for Western lands, provided it li"s where I like it. This land would make a desirable situation for persons living1 in the lower comi y, tort sort during the sickly season. I w 11 take pleasure in showing the land at any time, while I am in State TIGNAL JONES, Jr. Nov. 9, lS.?2tf 51. uuv.nim, ULK.11 mat case may invom, into the form full justice of an abstract question of political powr, and become we gather iusuwu juuss hi-seining it: lie is easi vnnderstood. and ' ..-r, A majority the people, as a whole of -integrity. Because" obedience to laws depends, essentially, on the moral force of their justice, and this moral force is the opinion of the majority of the people. Lastly, Because, when they are resisted, and force becomes necessary to execute them, the physical force resides with those who passed them. Such are some of the reasons which fix the arbitration of -differences on the majority of the people; and it has become a corner stone in the foundation of republics, r i:h lfii' 1 1 ;i i t f i tiv ia ft lj i 11 li tii.iix 1 llz iiiinuj 11 v . . - ; . . 1 . 1 . . . . - " ' ,i,nm , i TJ constituted to act directly on mthviduas, witnout reason and that same experience teach us, that in order to secure the benefits of the rule, we must submit to its evils. Here, then, is the basis of the truth, that the people ot North Carolina are represented in the congress oi the United a'.ates, tno iney may not succeed m a sin gle measure, the desire; That they are to every in tent, as much parties to a law, against which they may enter a unanimous dissent, as if they had unanimously voted for it. Arc thev parties to an unconstitutional act?. -NO, UOl even it un 1uv.11 ici'icuiaimj oil; ior 11, rjrj causc, thev, then, will have exceeded their authority. Are the people Cl GTtn -CLrCl'.73. uOundb- ,? If thej-n-re not, their release will depend sol.y on the fact, that their compact with the other people has been, broken embraces the whole question,-whetkcr ithas invaded the reserved rights of the States. Civil ri -Its hamr on noliii- i 1 , . . . tai puu cis, una m e and substance the court :n mane u, mtgnt be still in lull and perfect ex o- j iu?nce. II such be the genius of our federal system thP ii iraiui. 1 s c.1 11 ere truly a serpentine race ot men . There may 53 inseparably comected as shadow !r,itPli s,. ,;,t ,v, r, if - .. ,. , WU01UUU.U iui mai t Auics.N Dili nose. W OUIfl 1. u elre'.a.SOk'1Sr t4rSa-V thatr hind no one-could operate on no one, tho' thf covern decidc the cons Utntnnalitv of nn of -i,;i, u ... ,, , uu 1 ur.11 iiimic u, uii"in oe sun in iuii and nertect ex- Congress, and yet, cannot decide on iheloundary of p ufcal power. If this gentleman simp'y means, tiu i 1. i.n 1 w t. , .. ' J : ' 1" """Hiiwtc au til 11-r;; 1 (J 1 1 il.I 'IT 1 (1 I IU Plf1 : ic.rn 1 1, n . tr.imn n , l i... Sif awcrc'has,3e.lt to put of wisdom, of patriotism, of valor only; -in future, let be done to these immortal sages, and while for their wreath, the noblest flowers that ever lhe Greelv or thf TRnilinn lt nt nnt friro-oi- tn that each Stams a sovereign pluck for it, also, the brightest feather of the cunning Carthage-ill an. Perhaps, it k too much lo suppose that all the States would nullify a treai Let it then, be done bjr one only. Now for the conseonence. The Statp. nrr.nrcliiiT In llip his proposition is briefly possesses the right of revising the iudrrmert of the court and of seceding from the Union, when it -shall believe that the court has erroneously deviated f rm the line that divides the granted tnd reserved powers That tho' by the constitution of our government, is tribunals are con sulting the will or wishes of a State, yej a doctrine, is still m the Union: but she protects her citi zens from the operation of 'he unconstitutional treaty. 'tto w- XT r-t . i 'PI. . tt . i . 1 " . Mm v. j. ne united states are bomirl to P.-"uie ltmsrood faith LOST from the Stage between Pete sburg and Rich mond, on Friday night the 16th inst, a small Leath- 'lrj'ifc. co-itaiuiiicr sundry articles of WEAluNu tcrpose us own. and draw' away the lmividuals from the Tf tliox-rpfnr tv,o..0 ic o., f . ? . - l iunstoio,! f irii-Coa were cached " nLd Si"L1,SV riiSo " ii, to protect the rights and liberties of thoemzens. All the ( the whole TT.mo-. rt X, JT t V t? ngh,samU,fce;-.ies.,flheci,i2e,iSarec, .oiadioial Z XrtL V, SdSf 01 cognizance; either m courts of law oreqiiiv: For my aiust the nniiVincrQ,r V,!, V !, life, then, I cannot discover why it was ieemed good & , fon tli S.TV. 1 In I f ' " S proper, that all the cases, in law and eo.it v. of all the in- , nJ-d gl 1' " ft" .IP 1 e . v .w l4 , ,wv.liU Jll UL IlillL . . il. i i . Ill i r dividuals of a Sl-c, m which qaesti as arise as to the extent of political power, should be su'OTuUed for final mdsmenr.to ine federal courts and lhecit,zen be boun thereby; And, yet, that it is likewise good and proper, that the same individuals should haw the right ot pre senting in an abstract form, the sami questions of politi- and the following sums of GOLD BUL- AtM'.VUEL, uo.v 2 bars Gold, weighing 379 dwts. 1 do do do 186 do 1 Suuff Bottle, containiug 642 dwts Gold in its nat ural state. Also, 1 Cold Watch Chain old style, three strans; broken. 1 Gold Breast Pin, set with Jet and Pearl Pin broken off. A Black Velvet Reticule, worked with Beads. 3 Bead Watch Guards, marked "Thompson" the christian name not recollected. V All persons aer requested to stop the above ar ticles, should they be offered for sale. A reward of One Hundred Dollars, will be paid for the recovery of the property; or, the same proportion for any part of it, upon application to Baldwin & Kent, Richmond Vir ginia. WILLAHD BOYD EN. 'ISorrmhtr 19, IS 3-2 I challenge any man to put n icii-i-elea.se on any other ground. Are two hundred thousand people of North Carolina parties to an unconstitutional act of their leg islature No, not even if all their representatives vote for it, because they then, will have exceeded their au thority. Are they bound by it? If they arejnot their re lease will depend solely on the fact, that their compact with the other people has been broken. The constitu tion of this State is a compact, each one of the people with all others; so is the constitution of the U. States; for every man in North Carolin has aright to be heard, through his representative in Congress, on constitutional views: And it is equally common to see representatives from the same State differing in their exposition of the constitution of the United States, as to see the representa tives of our own legislature advancing different inter pretations of our State constitution I point you to the difference of opinion, on the constitutionality of the Uni ted States bank, which pervades the representation from eacli Ci tiic States, Virginia, North Carolina and South Carolina. Eiu ?re the people of North Carolina, bound by an unconstitutional acl Vi Congress? Are the two hun dred thousand people of North Carina bound by an un constitutional act of their own State Legislature In the theories of writers on government, we are in formed that all unconstitutional legislation is void: but we have never been told by them, that one legislatrue mav ras a valid unconstitutional law, and that another can only pass a void unconstitutional lav. These same writers, however, inform us, that, many rights in theory, must be yielded or delayed, to secure the least which we actually "enjoy, and, that as a constitution was ordained for the purpose of protecting our liberty, we must be con tent to take it in the mode hich it prescribes. If one hundred men have the right of relieving themselves from a law, deemed by them to be unconstitutional, in the way which best suits themselves, any less number have, and this rihtonce admitted, would give the fullest, sanction ngit of deciding it for cut power, and the indefeasible The right of secession is placed on a violation of the constitution, declared to be such, by a cotvention of the! people of a State. It is useless, now, iu ttli-c ot a palpa ble violation; for, as Cicero very jusy affirms, there is nothing so absuil,which has not,at or? time or other,bcen supported by great men. Thehistofof cur own coun try furnishes a hundred instances, -diere the same mea sure has appeared, at different tim? to the same men men of splendid abilities to be palpbiy right, and pai j words ot that charter, "to protect her against invasion. Oil " , . - - . . j it is apparent then, that the people of the United States iuui, euiier execute ineir own treaty, m winch case, the r. v...i :..: o.. - . , . - ' ' uumij my ouue usi yield, or, they must refuse to exe cute it, in which case, the whole Union must defend, by. arms, the reprobated act of one State: or, if they turn tbe war from the whole country upon the nullifying State, tect her against invasion. There is no difference ot prm ciple,in treaties and laws both must be made by virtue of the power of the federal government. If there be a difference, it is in favor of nullifying a treaty, rather than a law, for the reason already given, that a treaty depends, for its existence, upon two departments, only, of the legislature: a law depends upon the concurrence of all three. Can a State secede, because the compact, in the opinion of her people, may have broken in a treaty. pablj' wrong palpably constitution!, and palpably un-: in addition to the full consideration, which I have al constitutional. Besides, as every mid has the palpaule j ready bestowed on the doctrine of secession, it may be right to secure his senses from the inatisition of others-he- observed, that as it would be attainable attempt to evade will be clothed with a panoply that, at nee defies the force of argument, and the suspicion of ui.inecrity. But, sup posing the people throughout the confederacy to be e qually honest in their views, the payability of one man is entitled to equal weight w ith the pupability of any o ther. When men are equally dided in opinion, we make no advance m the cause of tth, when they are the force of another compact, made bv the competent authority, witL a foreign nation, it must lead to war, ac cording to the laws of nations. Let us recur again, to the part of the constitution which 1 have quoted. The laws and treaties are declared to be the supreme lawrof the land; :the onsti ntion and laws of auv Slate to the contrary notwithstanding." Con- unequally divided, the maxim upof. w hich republics are j'.stitutions are made by the people. In framing such built, informs us, that the majority "Sht. But it may charters, they are in their fullest and highest state of sov- ve saici, mai it is now paipauie me p-lic, m ent quarters of the United States, ire not equally hon- THE Subscriber returns his sincere thanks to the public, for the very liberal patronage he has here oforerece:ved,and takes tiiis method to inform them, ttliat i e has removed his TAIl mil vn V-STARf .isn. -IivNTto the house situated on Fayetteville Street, two doors South of Mr. J!ln C. Stedman's Jewellery Store, where he will be found ready to execute all or ders m Ins .hne at the shortest notice and in the most Jashionaole style. P. S. He has just received from New York a ful Tivrfe16 assrtme"t of TRIMMINGS, VES v hirl n , S' of the mo3t fashionable kind, ' uul WlU be slci on the most reas onable terms. WTLLLlAii W. TAYLOR. J,a,(-'?". vet. 17, 1832. tf A hist rate JOURNEYMAN TAIl.OR "anted immediate; v. to a legal anarch'. All speculative reasoning, irresisti- est. To that suggestion, I will on reply, that it was not so believed at the formation oftbe Constitution, that such a case was not contemplated, md that as there are no constitutional censors, officially o ascertain that fact, we must administer the government upon the principle, cmgnty. What they cannot, m that act aiuott that time, rightfully do; they cannot do, in ary ether mode, ncrat ar.v other time. And yet all, they may then ordain, which shall conflict with the constitution, laws and trea ties of theUnited States, is utterly null and void. YvT.crc,! then, resides that higher sovereignty still, which can au-! thori.se the people, of any State to assemble and throw off It will be further observed, that, iu order to secure the supremacy of the constitution, laws and treaties of the United States, over the constitution and laws of a state, the judges of every State are "bound thereby.' If the constitution of a state cannot release the judges thus bou id, how can any other act of the people Every state hath consented that her own servants shall be bound by an authority superior to her own, but if they are compelled to utter the interpretation of a ;jart, only, of the whole people, they are no longer fit to ex pound for the whole. Their independence being de stroyed, their reasoning faculties annihilated, and their consciences fettered, the oath which they take to sup. port the constitution of the Union, falls little short of a compulsory perjury. In the fourth article of the federal constitution is this clause. "The United States shall guarantee to eve ry state in the Union, a republican form of govern ment." In a question arising under tlm clause, who are to be the judges, whether the form of government be republican or not, the people of the United States, er the jeop!e of the State? If the latter, many of the citizens of the United States may be compelled to forego the benefits of the pledged guaranty. A case of an anti republican form of government was certainly thought possible. Now, if a m-.yor.ty ot the people of any state in convention, should establish a govern ment, thought by the minority to be plainly violative of republican principles, and the dissenting citizens of that state should lay tbeir grievance before CongKS9, are not the United States bound, in good faith, to ful fill their constitutional engagement? This pledge, how Sever, would be wholly inoperative, if those whoshouhl commit the wrong, were the sole and ultimate judges of Uieir OWTtcimaawi..,- -'I concl tde this head, then, by : "submitting "That, ; as -the federal government was intended to be, in its main and essential features a popular government, it is just, upon every principle which distinguishes such a govern ment from a monarchy, that the constituted authorities of the rchoh people, and not the assemblage of any of its parts, should be the true, and the only final, ai biters of all questions which may affect that whole people. And I will now enquire 3. W'hether in our form of government there are any securities for the granted and reserved rights, and what those securities are. Having been compelled, in my remarks under the second head, to anticipate almost all the securities for the granted powers, and as the spirit of the times seems to seek conservatives for the reserved pow ers, I shall confine my attention to them, principally Any one who has ever looked, even with a momen tary glance, into our constitutional arrangement of powers, and is acquainted with the monstrous disparity, in the extent of territory and population, of the seve ral states composing our confederacy, must have been struck with the singular fact, that, in a government avowedly established to provide for the comttum fence and promote the general welfare of a people, eighty thousand of those people should have an equal upon which it went into action' all voters are equal-, ti,c whole, or any part of the constitution, laws and trea- vseUv 1 c-.mmenLSeSSI?a f thi3 insi;t"on for 1833 will ceived, thinks H w Patro;laffe le has already re sistance be" nVnow'fr to that competent as- not be ne- limds to his school so him to rnut;.,.,. ,i , . --"Mime IU 'levltrpa h mnlf . ., " "'icii not to receive more For young men Pessary for narrow. Tho' he fstuounr K"lL.a-led to. lev comfortable out room, r " ret,rcd' he has a e. Parents an Sit "T who sha" Person, to enter tCirc caot attend, in " writing the "ludTer to ?' W",rt Please h,lia,e urse i Aftewt ds -ntln f C, 5Ursued anl if a colleSe retobeprepaS " , edf01' whicl colIe&e th' Term, as hitherto forall over the age of 16 years. ter that ge 5-15,00 per session. PSiS? b obtaincd th tdghborhood at $30 JNO B. TATE- Address at Sycamore Alley. UakJas Co.N. C. Harm bly concludes that an unconstitutional law is not bind ing, but all practical securities of liberty denounce the right of each citizen to judge for himself, and hold the law valid, till he is released by the authoritative declara tion of the proper tribunal. Nothing is plainer than that the people of the U. States in performing their functions under the legislative pow ers committed to thein, must be the sole judge for them selves, oi the extent of those powers. The agents whom they entrust for these purposes are sworn to support the A.i.-tit,iinn nnt ns oilf Ntaie .iTHL'Jlsiaou Hi uuv a.v.- .VUv'Ull..vn, w - ' . ' . cording to such interpretation, as each one ot tnuse a gents shall be taught is the true one. Elections of mem bers of Congress aro conducted all over the Union with reference to the diversity of opinion which prevails in the construction ot that instrument. And no one will doubt, that each district has the unquestionable right, in the selection of its particular representative, to uwusc lum as its agent, who will give to it, on the floor of Con gress, its own interpretation. Hence it is, that Virginia has some representatives who denounce, in the strongest term the constitutionality of Internal Improvements, and others, who support the power with an equal zeal. tt- nn this be so. unless every voter m that state pos- ;.irnri.3.it rind a senarate voice in ascertain- in- the extent of federal powers? Upon what ground of right, then, is it proposed, that the Virginian who is a party with all the people of the Union to the federal com pact shall be drawn out of his citizenship ot the federal -ovenment, by other Virginians, and bt constrained to government oi wmcn ne ii- u. viuu u.uu. Is it because those omen ? A maiontv ot wliomf more justice, ited States and the overwhelming majority w i iu u. u dated, claim to draw the other Virginians out of their State citizenship? The people of that State are citizens of two political communities. The government of the Union is not lesf their government than that of the State. Many of them sincerely believe, that the citt- 7Pnshio of the Union, is worth more to them, as a pro tection of civil rights, than that of the State ti.v. Tinnn v.4it Yirineinle of right, can the n the people of Virginia claim to draw off, without their . f f i, iti7Pn; of a community much w-'iievuij any jiuuuiivm. i...4- ; honest. Grant that the people of i fctate have the ng.it to secede, when there is a palpable notation of the com pact, the right can only be clear, wien the violators con fess their wrong; for w hen they donot confess, their in tegrity, in the very nature and genjfs of our government must 'be conceded to be as sacred, as that of the people of one State; and their judgment nust be admitted to be better; or the maxim, that lu majority is oftener .. .. ., . . . i . " 1 1 Tf right than me, minority, must if surreuueieu. n rights therefore, of both parties iq construe the compact be equal, the presumption must always be in favor of the decision of the majority, i Suppose however, the right of conslrueing the compact to be equal to both par ties, and placed upon the same footing as the judgment of a treaty between two sovereign nations then each uartv has the indubitable right tcmake war on the other in defence of his powers. Her, then, follows the incon ceivable absurdity of affirming that the people ot the ) J ... T .... - .,tl 1 -.,,,.,.1 ,,.-1 several Mates, went into umun, Hiiuaiun wiujui,i, that each one might be driven, at times, to fight all the hip riWit There is no State in the ponfe.deracv wliich can feel thankful for such a privilege Little Delaware, I am certain would not unless sue could have her faithful friend 31 aj . Noah, always at hand, in the crisis. I will now look into the Constitution of the tinted States, for the relation which the people of a State, in tt,0 PTPwi-si' nf rpsorved nowers. bear towards the resi due of the people of the Union. That instrument de clares that "This constitution and the laws ot the United States, which shall be made in pursuance thereof, and all treaties, made or which shall be made under the av- ties of the federal government? Secession aims a blow at the whole in mass; Nullification more modest, over throws only a part, and separates from hand. Suppose any one of the old states, in acceding to the present constitution, should have offered to do so, on- v on the terms of reserving to the neoole t'-e ulti- ass; Nullification more modest, over- uul'" which, from its palpability she selects ltan the popular branch, the rest, with a bold and unhesitating! to, represent, each one. t l lie composition of the voice with two mill-ons of the same people, in all the deliberations of one of their three legislative branch es. A Senate, as a check, in the organization of legis lative order, is adopted by most of the republics now in existence; but in every instance, tno' lewer in ntmrer, its members are all intended the same number of people.- mposition of the Senate ot tbe united states i, however, a most glaring departure from this principle. In that body, numbers cease to be the constituent, and small, sneak with equ il au- I., -. t t , 1 . K.T. t-,i- ...,,t mate and conclusive judgment, as f.ir as regards her-! ' a , t V in nr-.Z self, of all acts of Cog,-cSs, all treaties with fognjva and of all alleged conflicts between her ora1VMJl", "tT -i . th ..tVtTVhns lPvrl i .i 7-.i tt . i c-. ., ii,., I wield equal power. While these states are ttius lev ei lon and that ot the United States; ami by vir- " , . i ' . . . , , c xt. P . , . .i i i l . i,. i led in t ue senate, in toe uouse oi u-p tv-ir.'iv5, tue of that judgment, thus pronounced bv her people, - ,c,v v - !infl n,,!ia,at(l nlv ones aiKi cail of suspending the operation of. them all withm her bor- ., - , 7, -t.Vr. ; il,P ,., , 1 v i i i , i.. - a 4i,r.c i only claim the same honorable consideration in tne ex- ders: suppose she had obstinately insisted on these. , ,. , , vnvV'mn i , .i tt ..,i, K.i;0..a' ecutive. In the democratic branch, New oiic con- terms- is there a single man in the Union who behees; - , , f t-,,,, onl that such state would have been admitted into the con-onc sixdi of the whole federacy? And why not, unless such conditions would! "5 f hf of devm have been utterly inconsistent with the constitution of, . entitled to correspondcntveight m the panu ciccuiivc uiuciions oi iuc jji - iv- composed of forty eight members, am. one ot eleven states is her equal, and the whole of them thority of the United Stales, shall be the supreme law oi the land, aud the judge in every State shall be bound thereby: any thing in the Constitution orla'.vS of any Rtntp to the contrary notwithstanding." renounce a which he desires to support? Virginians compose a majority? A majority The people of Virginia With how much mo may he, by virtue of his citizenskp of the Lm State to the contrary notwithstanding. This article puts in bold relief the solicitude of the peo ple of the land to make their aats. the supreme law of the land- to guard the joint of the wide, against the sepa- rale labours ot the parts, in mis soucnuue, noweei, they did not forget the rights of the parts, nor the special authority under "which they themselves were to work. They disclaim the power of giving validity to a law, un constitutional a law, not made in pursuance of the con stitution. But can any man, for a moment believe that, by this disclaimer, they intended to dispense with a public and official arbiter, and to coder, on each individ ual the right lo exempt himself, fron the force of their law', by virtue of his own judgment "hat they had tran scended their limits: or that they intended, that any num.- hpr of individuals mignt erect mcuiscno wiu a I repeat I nal self constituted, and claim exemption from its ope- n ration, under the shield ot tneir own; cecision. -r -mT1ir;iitpii(l to srive. in express terms, to h stitutioaal laws passed by Contra. w figs the government. Suppose any territoiy, hercatter pe titioning for admission into the Union, should incorpo-! rate such terms in her constitution as a part of it, would even a nullifier receive her? When a territory seeks entrance into our confederacy, who are the pro- nA r-.- ft-o lioi. r.ri,iet-fiitiiii nnnvpps thnt nf. the United States? Not the people of the territory, but stati:s, bear the Congress, to whom is confided the power of receiv-.f ,even Iar8 ingherornot. If Congress should reject any article, as being in conflict with the constitution, laws ana trea ties of the United States, she cannot enter without re voking it. She revokes it and enters. I.i the course of a few years, the people of a newly admitted state assemble in convention for the purpose of revising their constitution, and being convinced, in their minds, that theexnunction of the article by Congress was a palpable infraction of reserved right, they unanimously insert it. They are now in the Union, and, conse- onentlv. the power cf Congress to sit in judgment on the once reiected artic e has passed away, une otner "TP f-t Or did tincon- nate, these eleven states is her em may neutralize her, and then stand ahead of her by a clear majority of twenty votes. In the House of Rep resentatives, the strength of thutmn of the smaller the same proportion to the strengtn ot tne . rwr 1 . . pr nnes. ns 5i aoes to -;o, ami, tuiisci ucm- lv, mav be overborne by a neft majority of one hundred and thirty votes. In the executive urancntuey nae uic same relative representation, and no more- In the Se nate, these thirteen smaller states carry the destinies of tbe nation in their own hands, and, if they choose, there is not a function , of legislation which can be per formed without their concurrence Treaties with for ixi nations embrace many mat ters which might be l.ie subject of legislation. Besides this, they must conform to the powers, vested m the federal gove'.-mneut, or they will usurp the .reserved rights. In the ratification of these, the popular branch, is excluded, and tbe whole power oi giving to mv...., tribunal, however, constituted by the people ot tne - ; --- ; - of the land, h conft United States, and vested by them with t e power oi j ' n.V i;kb. thev m.ffht to deciding on this constitution, the.r laws and lreat.es, 1--w 1 ".inn nf th- neooleit is wisc, ,l.-lnr.PC h-, n rv hffnr t. that lie contested article IS ,tl J " uc" ,uauc' w,v .""'; . . i in direct violation of the supreme be needful to practice the mock assemble and nullify the decision Shall the article still remain in the doctrine of nullification, the preme and final judge, and the people of the United states must submit. And then the new state 13 per mitted to dodge, bv a trick, the clearest constitutional checks. Perhaps I misrepresent the tenets of nullifi cation. I may be told that this act or the new state m r fkf, 7mj if:. IV required mat irro inirusi umi t the neonle a"ai Any one, who will take the pains to inform himself, w Hi ery. the people aga.., that' at the periovl of the formation of the cmstitu- of the Supreme Co art. hrXfof lhe States, combined, .ho' of the force? According to nPcrilv renresent the Pontiiar state is her own su- f. ?1,0V-T 7. " 7 Z m,. .vV if it IU.II1 H M II VI . 1 1 1 I.I1UI I k J V, V, V 1 t w-- - will o::t' comnrri r, pny'ion Cv ti vyt rsiX-', zn i i WOUIU in the readily might possibly be otherwise at this time, a care nrAorawn in .i hundred venrs. where adivi -K-o Senate, upon the ratification of a treaty, wouht be so r-m,i,-rfi ti . thfit ihf i-fmcn rri n ?r t wo thirds of that body V'
Constitutionalist, and People’s Advocate (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 12, 1833, edition 1
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