Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-07-06

sible TO the naked eye aDout an hour di'eF
,,,set al an elevation OF ten or fifteen de-
srees above the horizon. 1t seems to have
passed its perfection and to be receding
from Inc sun. 1t is probably the same
which was mentioned some time since in
the English papers as having been observed
in the constellation Cyenus.
A FRIEND OF THE coNsTIrurIoN.--No. W.
Hamp len has deemed it proper to intro
duce his objections to the jurisdiction OF
the court, in the case OF McCulloch against
the state of Maryland. with long dis'er-
tation on the nature of our government
On 90 much of this dissertation as labors to
proye that il is not consolidated one,
will only remark, that it is a truth univer-
sally known and universally admitted. NO
person in his senses ever has, ever will, or
ever can controvert it. Any writer who
pleases, may certainly amuse him
self y;tb the demonstration Of this political
axiom but he addsjus: as much to our
political knowledge, as he would to our
geographical, were he to tell US, and pro-
duce long train of authorities TO prove Us
that the United States lie on the western,
aud not on the eastern side OF the atlantic.
But when Hampden says that however
tinGistinct" may be the language OF the
court, OH this point, "their doctrines ADMIT
q no controversy. They show tine govern
ment TO be, in the opinion OF the court, a
consolidated, and not federal govern
men,." His assertion is neither equally
true, nor equally innoceht.
The question whether our government Is
consolidated or federal, does not appear TO
have been stirred in the argument OF the
cause. II does moi appear TO have occur
red to counsel on either side, that any
question respecting the existence OF the
state governments, as part OF the Anne
sican system, could any where be made.
The motion of such point would proha'
bl have excited not much less surprlze'
than ii any gentleman had thought proper
seriously to maintain that there was
bench aud bar, and judges OH the one'
and LAWYERS at the other. 1t is not won
derful then, that the cour: should have
omitted to state such question In terms,
or formally to decide it But the princi-
ples AID down, AMI the language used,
pre.appose the existence OF states as a
par, OF our system, too clearly 10 be mis-
understood by any person.
The court says. that ''the defendant IS
a sovereign state" that 'the conflicting
powers of the government OF the union'
and OF its members. as marked IN the
constitution, are TO be discussed :" THAT
the government, oil the union is one OF emu
mera,ed powers :" THAT it can exercise
only the powers which are granted to II;
that mo political dreamer was ever VIA
enough TO think OF breaking down the ines
which separate states, and OF compound
ing the American people into one mass )"
SHAT the assent of the states in their sove-
reign capacity" TO the constitution, rs
implied in calling convention, and thus
submitting that instrument to the people;
"that in discussing the questions" res
pecting the extent of the powers actually
granted, ''tbe conflicting powers OF the
genera, and state governments, must be
brought into view :" '.that the constitu-
ton requires" that "the members OF the
state legislatures, and the officers OF the
executive and judicial departments OF the
states, shall take the oath OF fidelity TO 1t
Ii Hampden can reconcile these pas
sages with his assertion, be will, doubt
not. also reconcile the following, as preli-
minary to discussing the RICH! OF state to
tax the bank; the court says, THAT the
mower OF taxation is lone OF vital impor-
lance that il is retained by the states |;
that it is not abridged by the grant OF a
similsr power to the government OF the
union; that il is 10 be concurrenily exer-
cised by the two governments are truths
which have never been denied"
The whole opinion is replete with pas
sages such as these. They demonstrate,
as conciusNely Ias words can demonstrate
the incorrcciness of the assertion, i'nputins
TO it the doctrine that the government OF
the United States is a consolidated one.
Without making. at this time, farther
quotations from that opinion, | will pro-