Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1830-10-28

IUF
'gs-'eg, as appealed to in brhal oil thai doe
srine: and you express a wish Tor m5 ideas
on these subjects.
ara aware of tho delicacy of the task IN
.ore respeets, and the difficulty IN every res
meet. of doing justice to it. But, having. 10
more than one instance, complied with a like
request from other friendly quarters, | do
not decline a sketch OF the views which /
have been lei to take Of the doctrine IN qnes-
ton, as well as some others connected with
them: and of the grounds Irom wlich IL APP
pears that the proceedings oil virginia nave
been misconceiyed by those who have appeal
ed 10 them. In srder to understand The true
character Of the Constitution Of the United
States, the error, not uncommon, must be a
yoided, of viewing it through the medium,
either Of a confederated Government, whilst
II is neither the ono nor the other; but a mix
ture of both. And having, in no medei, the
similitudes and analogies applicable to other
systems Of Government, 1t must, more than
any ether. be its ewn interpreter according
to its text and the facts 81 the eaee.
From these it will be seen that the char
ncteriStic pecularities of the Constitution are,
1, the mode of its formation, 2, the division
OF the supreme powers of Government be-
tween the States in their united capacity, and
the States in their Individual capacity.
L. II was found, not by the Governments
Of the component States, as the Feder1l Go
verament for which it was substituted was
formed. Nor was it formed by a majority Of
the people ef the United States, as a single
community, in the manner Of a consolidated
Government.
1t was Termed by the States, that ~, by the
people in each of the States. acting in their
highest sovereign capacity; and formed con-
ssqIeutly by the same authority which form
ed sac State constitution.
Being thus derived from the same source
as 1ae constitutions OF tae States, II has, with
in each State, the same authority as the con
~ssstltion Of the state; and is as much a con-
stitation, In the strict sense Of the term, with
10 lis prescribed sphere, as the constitutions
Of the States are, within their respective
spheres: bat with this obvious and essential
difference, that being a compact among The
States in their Highest sovereign capacity,
and constituting the people thereof one peo-
-ple fsr certain purposes, 1t cannot be altered
or annulled atthe will Of the States iadIvida-
ally, as the constitution OF a Slate uaay be at
its individual viii.
2 And that it divides the supreme powers
Of Government, between the Government of
the United States, and the Governments Of
the individual States, is stanped on the face
ofths instrument; the powers Of war and of
taxation, Of and of treaties, and
ether enumerated powers vested IN the Gov
eraIaent OF the United States, beng OF as
high and sovereign a character, as any OF the
powers reserved to the Stale Governments.
Norris the Government ofthe United States,
created by the consultation, less a Govern
,ment in the strict sense OF the term, within
the sphere of Its powers, than the Govern-
mems created by the constitutions OF the
States are, wiiam Then several spheres. 1t
is like them organized ints Legislative. Exc.
c%ntiye, and Judicisry Departments It ope-
rates, like them, directly on persons and
things. And, ike them, it has at command
d physical for excepting the powers commit
led to it. The concurrent operation sn Ger.
tain eases, is one Of the features making the
popularity Of the system.
Between these different constitutional Co
voFameuts, the ons oFersiingin all the States,
the other operating separately in each, with
the aggregate powers OF Government divided
6etsveea them, it could not escape attention,
that controversies would arise concerning The
boundaries of jurisdiction, and that some
provision ought TO be made fer such occur
rcnees. j political system that does not pro
vide for a peaceable and autheFiiive torrniua-
ton OF securing controversies, would net be
r nefe than the shadow of a Government; the
object aad and OF 4 real Government being,
the substitution of law and order, FOX uncer-
tainty, conissisn, and violence.
Thatto have left a fHai decision, in suck
cases, TO each OF the States, then thirteen,
snd already twenty4sur, could not fail to
make the constitution aud laws Of the United
States different in different States, was OBJ
visus, and not less Obvious, that this ai-
versity of Independent decisions must alto
gerhcr distract the Government of the Unien,
and speedily put an end to the Union itself.
A uniform authority of the laws, is in itself a
vital principle, Sose of the most important
la~s could rot be partially executed. They
must be executed in all the States, or they
could be duly executed in none. An impost,
or an exercise, fer example, if not in force
some States, would be defeated in others
Ii is we'll known that this was among the les
sons eli experience, which had a primary in
iluence in bringing about the existing consti-
tuition. A less Of It's general authority would
moreover revive the exasperating questions
between the States holdias ports for foreign
commerce., and the ad joining States without
them; to which are new added, all the inland
States, necessarily carrying on their foreign
through other States.
To have made the decisions under the au
thority of the individual States, coordinate,
In all cases, with decisions under the author
ity of the United States. would unav0idahiY
produce collisions Incompatible with the
naara Of sosiatv and with that rar33itx afKf