Virginia advocate. [volume] (Charlottesville, Va.) 1827-1860, 1830-04-30

Intervention of judge or jury, condemn him to
death, and execute him accordingly. II seems
therefore that according to the principles of our
representative governments, tho people have
not the power, in their primary sovereign capa-
city, to alter OF cons;rue tina constitution.
And next, we will consider the states in their
corporate capacities, as parties. The compact
contained in The constitution of the United
States partakcs both of the nature of a compact
between individuals forming government. and
of a compact between separate and independent
governments forming another government to DO
common to them ALL and for the protec ton and
promotion of particular portion of their rights
and interests, ard 20 be vested with such powers
as were supposed sufficient for these purposes.
Let it be particularly observed, that the compact
about to be entered into wss not an alliance, lea
cue, or confederation. 1t was To constitute n
government. 'We the people of the United
S,a,cs,--do ordain and establish this cons,i,u-
ton 1t surely cannot DO necessary to use ar
eunents to prove thai the word, constitution, ;
as used ia this preamble, applies to . govern
'uont, aud not ,o confederation nor can il be
necessary to point out the difference between
the manner oil executing the powers of n govern
ment and those Of Il confederation, or alliance.
We have already attempted 10 show that the
people as parties to the compact, have not re-
served to themselves the power of constituting it,
IN their sovereign capacity and it we have been
successful IN the attempt, it would seem TO FOL-
low necessarily that the states as parties, have
not that power for the states have not reserved
to themselves, nor can they possess, greater
powers IN this respect, than were retained, md
are possessed, by the people, unless it canbe
shcwn that the constitution itself has EXPIRE SLY
appointed the states governments the tribunal
Tor this purpose and this VIC arc confident, will
not be pretended by any one.
Ii the constitution of the United States be as
we think we have shown, compact creatiuy a
government for political and civil community,
1t is im.naterial whether the parties to the ON
pact be private individuals, or number ofcor.
porate bodies. or states, they cannot have reerv-
cd TO themselves the right of deciding practical
ly, each for himself, upon the extent of thepow.
crs conveyed by the compact For if thisright
be reserved, then each individual party isoouud
to the others by no other obligation thin the
dictates ofjusticc and good faith and TIN refac-
tory decisions of single party, in opposition To
tie unanimous decisions of all the partbs, can.
not be controlled 10y the ordinary foms and
means of legal administration, and the appeal
tor justice and equality, must be. not u a civil,
but to military, tribunal. a STAKE d things
Ike tins character Uses compact erecting an al
lance or confederation, but cer,ainyno, go.
vernment.
In our next, we shall endeavour toprove tina,
thc'porties ,c the compact have stipuated to de-
eide TINS question through tleil agents, & &c
show WHO are thesn,agents and shall also notice
some OF the most prominent objections to oul
| conclusions.
ITSTINJAN