Virginia free press & farmers' repository. [volume] (Charlestown, Va. [W. Va.]) 1827-1832, 1830-11-03

within each state. the same authority m
tue censtitution OF the state and is as
much eonstitution, in the strict sense Of
the term. within its prescribed sphere. As
the constitutions Of tho states are, within
their respective spheres: but with this oh
v'ous and essential difference, that being
compact among the states, In their highest
sovereign capacity. and constituting the
people thereof one people for certain pur
poses. u cannot he altered or annuIIed n,
the will or the states ipdividually. ss the
constitution OF a state muy DC at its indi.
vidusl will
= And that il divides the supreme pow.
ers OF government, between the govern.
msnt Of the United States and the go
vnme.t Of tho Individual states. i.
stamped on the face Of the instrument !:
The powers OF war aud taxation, of com
mcrce aud OF treaties, and other enumera
ted poyers vested in the government of
the Un'ted- Siatcs. being OF NJ high a MI
sovereign character. as any Of the pow.
ers reserved TO the state governments.
nor 10 the government Of the United
States. created by the constitution. les. a
government In the strict sense Of the Term.
within the sphere or its powers, than the
governments created by the constitutions
OF the states are. within their several
spheres. II Is like them organized into
Legislative. Executive, and Judiciary dc =.
paitmeuts. IL operates like them, direct.
~ on persons and things And, like them.
q has at common physical force for exc.
cutting the powers committed To it, The
concurrent operation in certain eases. is
one OF the features marking the pee uliari
~ Of the system.
Between these different constitutional
governments, the one operating in all the
states. the others operating separately in
each, with the aggreyate powers Of TO-
Sernment divided between them. IL could
not escape attention, that controversies
would arise concerning the boundaric. of
J"r'sd'ctioo; and that some provision
ought TO be made Ter such occurrences. -
n political system that does not provide
Tor peaeeable and authoritative termina.
lion oil occurring controversies, would not
DC more than the shadow Of government ;
the object and end Of q real governmen mt
being. the substitution Of law and order.
Tor uncertainty. confusion. and violence.
That to have lett final decision. in such
cases, 10 each Of the states, then thirteen.
and already twenty four. could not fail 10
make the constitution and laws OF the u
States different in different states, was OBJ
vious; and not less obvious, that this iii i.
sersity Of independent decisions must al
together distract the government Of the
Union. and speedily put an end to The L.
nion itself An uniform authority Of the
laws. Is In itself vital principle. Some
OF the most important laws could not be
partially executed. They must be cxecu-
ted IN all the states. or they could be duly
executed IN none. An impost. or an ex-
else. Tor example. if not in force in some
states. would he defeated in others II 10
well known that this was among the les
sons OF experience. which had a primary
influence IN bringing about tho exisfin =
constitution. A loss Of It's general au,ho
rity would moreover revive the exaspera
ting questions between the states holding
ports for foreign commerce, and the ad-
joining states without thea, 20 which are
now added. all tho inland states, necessa.
rlly carrying on their foreign commerce
through other states
10 have made the decisions under the
authority Of the individual states. CO ord
nate. 10 all cases, with decisions under she
authority Of tho United States. would una
yoidably produce collisions incompatitle
with The peace Of society, and with that
regular and efficient administration, which
Is tie essence sf free governments. Scenes
could not be ioided, 10 which n mioiste
rial officer OF tho u. States and the cor
respondent officer OF an indi, iduaI state.
would have rencountcrs in executing con-
ilictiDg DEGREES (; :he result OF which would
depend on tho comparative force OF tic
local posses attending them: and that a
casually depending on the political opin-
IONS and party feeling. in different states.
10 have referred every clashing decis-
ION. under the two authorities, for a final
decision. 10 the states. ~ parties 90 the
constitution, would be attended With de-
lays. with Inconvenience and with ex.
penses, amounting 10 q prohibition OF the
ezpedieni; not 10 mention IFS tendency TO
impair the salutary vcneTatior Tor q sys
TEN requiring such frequent interposition
nor the delicate questions which might
present themselves as 10 The form of sta
Ting the appeal, aud as 10 the quorum for
deciding a.
To have trusted 10 negotiation for al
jnsling disputes between the government
az the United States and the state govern
nenls, as between independent and sepa
rate sovercigniiss. would have lost sight
altogether Of = constitution and govern
meni for the Union Hed opened direct
road from failure % that resort. IN the
ultima ratio between nations wholly indie
pendent Of and alien 70 each other. lf tie
idea bad is origin 10 The process of al.
Jastment. between separate branches Of
The sans government. the snsloky eniirs-
" fails. In the case Of disputes Jetween
independent psTis Of the same govern
meni, neither part being able 10 eonsuun-
mate iis will, nor The government 20 PRO
ceed without concurrence Of ne rarss.
necessity briags about an accommodation.
in dispaies between state eoyeFanent.
and the government of the United States.
the case AZ orarfseallv "a uell a. fhroe.f;.