Virginia advocate. [volume] (Charlottesville, Va.) 1827-1860, 1830-10-29


II is like them organized into Leyis,ative
Executive, aud Judiciary Departments. II
operates, ike them, directly on persons and
things. Aud, like them il has at command
physIcai torce Tor executing the powers
| committed to IT. The concurrent opcra,,on nm
certain cases, Is one Of the foa lures marking
the peculiarly of the system
Between these different Constitutional
Envernmcn's' tho ono operating in all the
states, inc Others operating separately in
A., each, win The aggregate pow ers of Govern
, ment divided between them, il could No, 90
| cape attention, the controversies wou,d n
; rise concerning the boundaries of iurisdic
tons and that some provision ouui, To bo
mane Tor such occurrences. a political sys.
tom that does not provide foi a peaceable
and authoritative termination of OCCURRING
controversies, would not be more than the
shadow OF government the object and
end of real Government being the substitu-
ton of law and order, for uncertainty, confi,.
( sion, and violence.
J That 10 have left final decision, i'm such
cases, to each of the States, then thirteen.
and already "a, could not fail to make the
| Constitution aud laws of the United States
different in different States, was obvious ana
not less obvious, that this diversity of indie.
pendent decisions must altogether disir.ci
the Government Of the Union, and spccdil,
put an end to the Union itself A uniform
authority OF The lawsis in itself vital prm
cipIe. Some of the most impur,ant law.
could not be partially executed. They mus
be executed IN all the States, or they coul.,
be duly executed in none. Animpost, or a.,
excise, for example, fnot in force in some
| States, would be defeated in others IL is
we'll known that this was among the lessons
OF experience, which had primary infiucnc.
IN bringing about the existing Constitutions
A loss OF It's general authority would mor.o
| yer revive the exasperating questions be-
tween The States holding ports for foreign
commerce, and the adjoining Suites without
Them tn which are nav added all the inland
States necessarily carrying on their foreipn
! commerce through othor States
To have made the decisions under the an
thority OF the individual States, coordinate,
, IN all cases, VITA decisions under the autho-
rlty VI The United States, would unayoiLably
produce Collisions Incompatible with thu
peace oi society, and with that regular and
efficient administration which is the essenca
OF tree government Scenes could not ba A.
| voided, IN which ministerial officer of the
United States, and the correspondent officer
OF an individual State, would have rencoun.
tcrs in executing conflicting DEGREES the re-
suit OF which would DEPEND on the compare
tive force vt the local posses attending them;
aud that, casualty depending OH the pulltl-
! cal opinions and patty feelings in different
| States
To have referred every cashng decision,
| under the two authorities, for final daci-
I'sion, To the States, parties tn the Cousti-
tuition, would be attended with delays, with
| inconvenience, and with expenses, amount.
| ing 10 prohibition OF the oxpcdIent; not To
mention lis tendency To- Impair the sanitary
venera,ion for a system requiring such ire
| mt m a. del Ia 81
t!ons which might present themselves as Ia
| the form OF stating the appeal, and as To the
| quorum for deciding 1t.
| To have trusted 40 negotiation for adjust.
! ing disputes between the Government OF lnr
| United States and the State Governments, as
between independent and separate sovereign.
| ties, would have lost sight altogether OF a
| Constitution and Government foi the Union ;
and opened direct road from Il failure OF
| that resort To the ultima ratio between ma
TONS wholly independent OF an alien to each
| other. If the idea had lis origin IN the pro
| cess of adjustment, between separate branch.
es of the same government, IL. analogy en-.
trely fails. In the case of disputes between
the independent parts OF the same govern
! merit, neither part being able to consumnate
lis will, nor the government TO proceed with
out concurrence of the parts, necessity
brings about an accommodation. In dispute 4
between Il state STOVeTninent anu the Gov
ernment of the United States, the case is
practically as well a theoretically different,
each party possessing all the departments of
an organized government, legislative, execu.
tive, and judicial, an0 having each physical
force to support its pretcnsions. Although
the issue ofnegotlatiOn might sometimes a
void this extremity, how often would it hap
pen, among so many States, that an unac-
| commodatng spirit in some would render
that resource unavailing? A contrary sup.
position would not accord with a knowledge
of human nature, or the evidence of our own
political history.
The Constitution, not relying on any
| part of the preceding notifications. for iis
| safe and successful operation, has EXPRESSLY
| declatcG on the one hand-l, " that the Con-
| siituton, and the laws made i'm pursuance
thereof, and all treaties made under The an
| thNri;y of the United States shall he the su
| preme law of the land 9, that the iudres oC
every State shall be bound thereby apv tllic,
in the constitution and laws of any St,te To
the contrary notwithstanding; 3, that the in.
| dicial power of the United Btutgs shall extend
| To all cases in law and equity arising under
| the Constitution, the laws of the United
| States, and treaties made under their author i.
! ity. &c
| On the other hand, as security of the
/ rights and powers of the States, in their in.
! dividual capacities, against an undue prepop.
derance OF the powers granted to the Gov
eminent over them in their united capa city.
| the constitution has relied OIL The re-
spousibility Of the Senators and Representa-
tives in the Legislature of the United States
to the Legislatures and the people of the
| States. 2, To the responsibility Of the Pres.
ident to the people of the United States.
And, 3, The liability Of the Executive and
! Judicial Functionaries of the United States
to impeachment by the Representatives oi
the people OF the States, in one branch of the
Legislature of the United States, and trial by
the Representatives of the States, in the oil
or branch; The State fuuctinnaries, lepisla.
tive, executive, and judicial being. al the
same time, ip their appointment and respup.
sibility, altogether independent Of the agency
OF authority Of the United States
How far this structure of the Government
Of the United States is adequate and safe ior
| Ipnn al ,h.