The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1830-10-14

the correspondent officer Of an individual
State, would havo roncounters in executing
conflicting degrees; the result Of (which would
depend on the comparative force Of tho local
posses attending them: and that, n casualty
depending on the political opinions and party
feelings in different States.
To have referred every elashing dccis-
ion, under the two authorities. for a final
decision, TO the States as parties to the
Constitution, would be attended with de-
lays, with inconvenience, and with expen.
ses, amounting TO a prohibition Of the ex.
pedent not 10 mention its tendency to i'm
pair the salutary veneration for a system
requiring such frequent interpretations, nor
the delicate questions which might present
themselves as to the form Of stating the up.
peal, and as 10 the quorum for deciding il.
To have trusted to negociation for ad
yusting disputes between the Government
Of the United States and the State Govern
nents, us between independent and seps.
rate sovereiYnties, would have lost sight al
together Of constitution and government
for the Union; and opened a direct road
from failure Of that resort, to the ,diima
ratio between nations wholly independent
f and alien TO each other. Ifthe idea had
its origin in the process Of adjustment. be.
tween sepsrate branches Of the same Gov.
ernmcn,, the analogy entirely fails. In the
case Of disputes between independent parts
Of the same Government, neither part be.
ing able to consummate its will, nor the
Government to proceed without Q concur
renee Of the parts, necessity brings about
an accommodation. In disputes between
State Government, and the Govcrnmen,
Of the United States, the case is practicslly
as well as theoretically different, each par
ty possessing oil the departments Of an or
ganized Government, Legislative. Execu.
tive, and Judiciary; and having each n
physical force to support its Prctensions.
Although tho ISSUE of negotiation might
sometimes avoid this extremity, how often
would il happen among 80 many States,
that an unaccommodating spirit in some
would render that resource unavailing? A
contrary snpposition would not accord with
q knowledge Of human nature, or the evi.
dence of our own political history.
The constitution, not relying on any oi
the preceding notifications, for its safe and
successful operation, has expressly declar
ed, on the one hand, !, "that the constitu-
ton, and the laws made in pursuance
thereof, and all trosties made under the
authority Of the United States, shall be the
supreme law OF ne land; 2, that the Judges
! Of every State shall be bound thereby, any
thing in the constitution and laws Of any
State, TO the contrary notwithstanding; 3
that the judicial power ofthc United State.
shall extend to all cases in law and equity
arising under the constitution, the laws O.
| the United States, and treaties made under
their authority, &C."
! On the other hnnd, as security Of tb,
rights and powers Of the States. in their in
dIvidual capacities, against an udue prepon
derance Of the powers granted TO the Gov
ernment over them in their united capacity
the constitution has relied on, 1, the re-
sponsibility Of the Senators and Represen
talives in the Legislature Of tho United
States TO the Legislatures and people o
the States; 2, the responsibility Of tho Pres
! ident 10 the people Of the United States
and 3, the liability Of the Executive and ju
dical functionaries Of the United States Il
impeachment by the Representatives Of IN,
people Of the States, in Gne branch Of th,
Legislature Of the United States. and tria
by tho Representatives, OF the States, in IN
other branch: the State functionaries, Leg
islative, Executive, and Judicial, being, q
the same time, in their appointment an
responsibility, altogether independent {
the agency or authority OF the Unite
States.
How far this structure OF the Govern
ment Of the Unitec.Sta,es is adequate an
safe for its objects, time alone can absolute
ly determine. Experience seems to hav
shewn, that whatever may grow out of ~
ture stages Of our national career, there i,
as yet, a sufficient contro! in the popu!a
viii, over the Executive and Legislativ
Departments Of the Government. Whe
the Alien aad Sedition laws were passed i
contrnvention to the opinions and feeling
, l'of the community the first elections III,
i. ensued put an end 20 them. And wbate'
. er may have been the character Of oths
a acts, in the judgement Of many Of US, it
: but true, that they have generally accords
q with the views Of majority Of the State
0 and Of the people. At the present day
: seems we'll understood, that the laws whic
have created most dissatisfaction, have hs
, like sanction without doors; and th,
i whether continued, varied. or repesled,
. like proof will be given OF the sympa,h
, and responsibility Of the Representa-,
d body, to the constituent body. Indeed, III
). great complaint now is, against the resul
. or this sympathy and responsibility in II
u Legislative policy Of the nation.
With respect to the Judicial power of u
|. United States, and the authority ofthc 81
4 preme Court in relation 90 the boundary
J. Jurisdiction between the Federal and III
!. State Governments, may be permitted
Q refer to the thirty ninth number Of th
s "Federslist,~ for the light in which III
. No. 80. aIt is true, that in controversi'
u relating to the boundary between the two ju
j. isdictions, the tribunal which is ultimately
2 decide, 10 10 be established under the Gener
9 Government. Blu, this does not changs N
!, principle Of the case. The decision is IN
n imps rtally made, according to the rules Of th