Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1831-08-22

ual the wi v decision OF mat liFpal mrnts Nv
the proper answer TO the objection -, hat TN
resolution OF the General Assembly relates Il
those great aud extraordinary cases. IN "hlri
all at the forms Of the Constitution Inay prove
med ctual against attractions dangerous u the
essential rights of the parties To II. lhal fesa
uton supposes ibat dangerous po9er.. not DEB
egntsd. may not only ia usurpsd aud eEednt-
ed by the other departments, Ont that the judi
cisl department may al1o exercise, Or sanction
dangerous pewars beyond the graat oil the
Constitution, and consequently that the ulu-
mate right OF the parties 10 tue Constitution 10
Judge whether the compact has been danger
onsy violated must extend 10 violations 10y on
delegated authority as we'll "a by anoihor-by
the Judiciary as we'll by tue Executive of Lee
gslative"
/ Against those conclusve argunsnis, as they
seem 10 me, Il IS objected, that II oae party has
The rlghi 10 Judge OF attractions Of tue Con.
sIltutun. 50 has the other. and ihai consequent
/ /, III cases of contested powers between u
state and the General Government, .arh wOlld
have right 10 MAINTAIN It's opinion, as Is the
chsr when sovereign powers differ IN the con
situction Of treaties or compacts. and lhet oi
/ course. 1t would come TO be mere question OF
! tnrce. The error is IN the assumption, that the
General Government is panty Ia the ConsIt-
tuuoaI compact The States, ms has been
! she"n, formed the compact ,acins ne sovereign
aud independent communties Ibe General
/ ooYernmani Is bui is creature AID though
i IN reality goyeTnmrR "Hh all the righls aud
/ authority which belong 10 any Other govern
meat within lhe orb ut ns powers II a. neNec-
theiess, agostrnmrnt emsnannE tom com.
pact between soVeietgns. aud patiaking IA is
natu,e anI uhject OF the character OF JOINT
commission, appointed 10 superlntrnd and Hd
munster the Interests IN winch all are ioIniy
! Concerned. but having beyond
sphrro. II" moIe power, than II It did not ezIs.
| 10 deny this, would be 10 deny The most IN
| cOnlestible facts aud tho ClrRIest conclusions ,
while 10 Acknowledge rs tra'h Is 10 destroy Vi
! teiIy the objection, that the appeal would bu
! 10 1urCc, ia the Gaze supposed FuI II each pni
! " has a right 10 judge, then, under out system
! Of guVtrumunt tue hnal cokulzdnCr OF a Vnes.
1 ion OF contested power would D. ~ lie atates
aud not IA the general government. Il would
be The duty OF tns lAuef, ia III ali similar ca.
ses 81 conlrs. between oue or moe Of the
IrI,ulpal., aud a JOINT commission Ut agency.
10 feitr Tie contest 10 diGlaies OF reason aud
| analogy both. On no sound puGciplC eau the
agents have IA right TO hnsi oogn'zadce, as a
saihst the principals, much iess 10 use force n.
! Balusl them, IL maintain theIr construction OF
I theT powers. such rlgbt Would be mon
strous; aud has never heretofore, Oeen claim
I'D ~ similar cases.
lnal The doetrlne i, applicable 10 the case OF
a contested power brtween tao o,etes aud the
| G-neral Government, We have tie anihpiay
not only of reason aud analogy, bat u tae DIS
nnsuI.heI statesman already relefred 10 Mr..
I ! nrr.un. At tale period Of b,.. lie alter long
rEperirncc and m,iure rel 'Cuoo, shy'. VIM
respect - our Stale and federni governments.
/ | do not THINK theu relations az Goriecl' uh-
dersi0od by foreigners. lhry suppose ihe lo' :
meT subordinate 10 tho latter. lag - not the
cast lhry ute Coordinate departments OF
one supple and integral shule. But YOU mhy
ash II tue Two department. should clam thg"
/ the same SuaJrct oi power, "hetc - the hhPie
! ~ decide between ihem III case, al little VI
| grncy or importance, the prudence oi hoth pht-
ties v al keep them alOpi IRON thr qleatipoabs
ground but II u neither can be hsp,ded nor
| cJnptontsed, n convention 81 tue states must
br called 10 ascribe the doibtidl Po"cf 10 that
| department which ih'y may lnihk 0tsls u -
| thu, that our Cuusututlpn by au.hoibthB "a.
nendrrats, aud bg prescribing tu5 "hhonp
aud node of making thrm, has by simple
/ coatayance, win rs th 'fdCteflsfic vision,
/ PROV lded power, saIeh, IA The labt '1,on,
| supet cedes eff clutlly TIC Necessity hnh even
tue prefer, Tor tofce; po"er 10 winch ho"f
can harry object vain wteh ia interests Of ali
arc sale which can d ehnItely ciOso all eo"tfo-
! verses IN the only uHrItual ie. by feoing
the compact at every detect and uncertainty,
! hy no amen ineut Oh The INSTRUMENT itsrlt II
| Is impossible Tor human wisdom. ~ system
/ like our, TO DEVISE another mDdo "hleh ahhl
/ ne sale aud riteutnai, Hni ~ the same Tine
consistent aIf-, hat are TUE relations ana nc.
/ know dged powers OF the I~o great depart
meats Of or government II gives "sa"J
/ aud security peculiar TO our systehl, wnich n
duly appreciated, will transmit us blessings 10
! lie renotea generation. but II not, our spen
] ~ sB,, la VI Int
empty dream Stripped OF all as covering,
aud tho naked question IS, whether ours - a
Federal or n Codsolidaped hoyeInmrnl ! n
/ CousiItuuOn4l Or absolute One--t government
! resting ultimately On the sohi 0ass OF iho so''
/ treiguty Of The States, OF o. tue nnresIraiheI
/ will ot n InHJorily-a iUrm Of Govern nehl, a.
/ "a all olhsr unlimited ones, Ia which inJusuee,
| aud violence, and force, must hn'liy prevail I
/ Lsi Il uCttr he 1Olg0NeH, hgt usefe me ~ y0'
iig ruit5 The utuIJrty - nh iubJstt AID tnat II
Ne should aDsurIlg nltiDute u tbs former
! the exclusive rlght Of CodsrI'ns the Iohshin-
ton, mere would be Ia fact bst~esn lne soy,
erega AID subject, unIsr suCh government,
no constructor Or al least nofung desc v
ing the name, OF serving the l'sHinnte o2eet
VI so sacred an las runeal.
How the States are to exercise this high
power Of ,nter lodtI,n WhiCh constitutes so Is.
seniiai potion oil their deserved rights that II
clnaot be delegated VfhDu an entr'e surfeadsr
oflatU sJre5e,gqiy. AM - iyerltng our system
+ / on tedcrnt INTO n CUa0itdIled Govern
mtht, is question that tue oiate' only are
co upeient 10 detsrnIne- lhe atgument' "hicu
prove ihatthey possess lbe po"ef,sq ially prove
that tuey arr IA me ianLuage OF Jefferson
" Inc righJui Judges " he mode aad msa,ul "a
Of redrtB Bat the spi,n Of i0tDearance, as
wei as the nature oil the rIght hseii, loiblds a
+ to- ia OF IHug
ATTRACTIONS oi The Consfilunoa; and then ony
! 10 the last resor, when all reasonable nope OF
rel Ell from ths Ordinary acton OF The govern
meni has failed When II tue nghtto InterPo'e
dad n1l eK s., the alternative oId be suJns'
/ sion and oppression on one siIr, or resistance
/ by 10 CD o. the Other. lbdt our system
t shoali aH1Td, "a such eAireme cases, al Int. L
/ mediate point between these dire alternatives,
! 0y whel the goyernmeut may be brsosnt 10 a
! paase, and thereby al inleival obtained u
Comptoniss q Il rruues, Of, Il ItnpracticaOle, be