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


ton. But the power of making final decisions
on the constructions ftle constitution must eli.
thor have been granted 10 the authorities of the
general government, or must remain with those
who created that government.
IL seems to DC universally admitted, that
where parties able and willing have entered into
4 compact and have provided no particular tri-
bunal to decide upon the meaning and execu-
ton oft, and having no superior power TO APP
peal to. all questions arising under tho compact
must be decided by each party for himself &C
cording to his own best judgement of what is
light in each particular case, under II just res
possibility to tine other parties. The constitu-
ton o. the United States contains the terms of u
political compact. But when we come to en-
qulre whero the power properly resides of deci-
ding controversies concerning its nearing, we
meet with important and curious difficulties.
IT is not only 4 matter of contest, whether the
parties have appointed any particular tribunal to
decide upon the true meaning of the compact,
or have reserved that power to themselves, but
there seems also TO be some difficulty in ascer-
tanning who the real parties TO the compact arc
In discussions concerning the extent of the
powers delegated by the constitution, much
stress is frequently laid on proper description,
of the parties who adopted il. ; and distinction
has been carefully taken between the people of
the United States generally, and the people Of
the different States united by the constitution.
That this distinction exists, and is recognised by
the constitution IN some respects, and disregard
ed in others, must DO easily perceived put we
Go not perceive that the admission or denial Of
this distinction can have any influence il extend
ing or contracting the construction II the pow
ers vested in the general sov6rnm,nt. But we
think we have frequently observed an error in
designating the parties to the constitution much.
more calculated to affect our reasonings on this
subsect, than the distinction Just noticed. Many
respectable commentators the constitution
seem to consider the existing parties TO the com
pact'to consist of the states the people of the
states, on one side, and the government of the
United States on the other side and tina: ro-
vernment is frequently denominatcd one of tile
parties TO the compact. Bet the government of
the United States had no existence till the par
ties to the compact created it, by entering into
that compact ard the thing created can never
be party to its own creation. The constitu-
ton the United States itself declares who arc
the parties oftho compact. I'VE, the people of
the United Statcs-do ordain and establish this
constitution
The erroneous idea of the real parties to the
compact, appears to us to have been the source
of much erroneous reasoning in discussions iu-
tended to ascertain where the authority resides
whose proper province it is TO decide finally up
on the true construction of the constitution
The idea that the general government is party
to the compact constituting our Union has been
carried so far as to cause that government TO be
viewed, by some, as foreign to the governments
OF the several states and parallels have been
instituted between its relations to our several
state governments, and its relations to the go
vcrnments of foreign states. But certainly
these parallels caunOt be sustained, at least in
such particulars are material to cur present
enquiry. Their business is disproved by the part
assigned by the constitution to the state govern
ments in furnishing the necessary agents to the
general government, and by the control which
the'constitu'ion gives TO general government
over the state governments, in various impor-
tant particulars. Wo shall have occasion to
notice these particulars more fully hereafter.
In the mean time it may be observed, that the
state governments can no more be considered
as foreign to the general government, than the
people of the state can he considered as foreign
to that government. fit should be said, that
both the people and their state governments are
foreign to the general government with respect
to those rights and powers which they have not
submitted TO its control, lie same may be said
of The people with respect to their state govern
ments for we have already observed, that, in
i'm r,hI onJ
powers retained by the people, and rot intended
to be submitted to the arbitrament or control Of
any government whatever But in the admin
lstratlon OF the best government, no matter how
carefully and explicitly lis constitution may be
framed and dictated, it will sometimes be daft
cult to distinguish, in cases most urgently re-
quiring practical decision, between the powers
which have been delegated ard those which
have been withheld by the parties for whom,
andby whom, the government was instituted.
In governments where power is hereditary,
and where the existence of social compact is
admitted, it is said to be, between the governors
and the governed the former being bound to
afford protection, and the latter allegiance, &c
But in free republic, where all are born equal,
and where the governors and the governed are
WI" o''"0 PU'""'is' '''C 'o"'P"CN "iusIo w, Oet"eeh
each and every individual citizen in bis private
capacity on one side, and all the rest of the ci-
tzcns, in the same car7city, on the other side !;
and the formation and execution Of this compact
constitutes free and legal community. The
existence of such unity necessarily i'm
plies and constitutes superior power to which
the individual parties TO the compact must ap-
peal, and by whose decision they must be 90.
verned, upon aliiqucstions arising under the cam.
pact. No matter how carefully and scrupulous-
jy the terms of tho compact may have distin