Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-02-01


any possible check to encroach upon the other Poit
ical departments Of the government
Much difficulty and embarrassment, i'll discussing |
questions OF political powers and rights, arises from
blending and ConfoundinT terms usually employed IN
expressing and describing political laws and ludg-
ments proper understanding OF the distinction
between them will enable detect any attemp. of
the govern nent, any department in ii, TO alter or
change the constitution. Political law is made by
tho peopie to restrain government; civil law is made
by the government to restrain i'dicidagts. The for
rule of action for the coverings the latter
rule of action for the governed.
The Supreme Court virtually claims the right, uD-
der. The constitution. to pronounce polite judgments,
and asserts the power, under the judicial act, Of
ryng them into execution, by coercinn sovereign
States. The committee readily adui, that th,re is
great difficulty dis uguishiug between political laws
and Judgments and cirH laws aid jud sments IN most
of The governments Ut the world, cut confidently
believe that frr:een and provided f,r by the
trainers Of HE federal constitution, ay the Iivsiun and
limitations of power find there, betty? cen the fed
cral and State governments. None deny that such
division of powers made by the constitutions be-
tween the federal government an The States by the
grant Of specific powers to the Former and the res
evati"n of all ungranted powars to the latter but
great diversity of opinion has existed as to the power
tn which resort must be haR determine questions
and controversies that mig arise between the sew
erai departments of federativu system The
question Is not new In the great political
contest IN 1898 and 1879, this very question made
distinction, and mar I'd the line of DIVISION be
The two parties that then divided the country. Uhe
FEDERAL party, who we've than power asserted that
the federal court (which had Just then declared and
enforced as covstitutional the alien and seJiton
laws was the tribunal of last resort established by
the consuutNn TO Judge of and determine questions
OF controversy between the departments CT the fede
raj govern mont. and between the federal government
ana th' States Tho republican, or State rights
parry of that day, on 'he contrary, denied that the
judicial department of tho federal COVE, nnent or
tho departments of that government coulrntly were
empowered TO decide finally and autholtat!vely in
nj
Htate and the federal government, and asserted and
INSISTED that there was no Common tribunal es alb
i!Shed by the constitution for such purpose and
that consequently, each party had the right 10 judre
OF and determine the extent of i:s cwa rights ard
powers Tho avowed political creed Of that party
was. th2. the Union was the result Of compact be-
tween the people of the several s ates in their soy
efeicn and corporate capacities and characters of
separate and independent societies States, and
not as one entire people FORMING; nation. 'rha,
these were the opinions ard principles of the rcpub-
Icnn party or that day, is abuuantiy proven by Mr.
Jefferson Mr. Madison, and many other able consti-
tutional LAWYERS
Ihe COMMITTEES do not mention the names of
tnese distinguished men Tor tile purpose merely of
using their opinions as authority for the principles
tney adVocated, but to establish the fact that the
great body OF The American people did pass uoon
sanction, and adopt these principles, forming the
true theory OF cur government, which was n,ancs-
tea ny the promotion OF these gentlemen to the very
citations where these principles be tested by
action and H-actcc. As it is now q matter of un-
questionable history. that Mr.. Jefferson pennned the
memorable resolutions commonly called the Kentuc.
Ky rssoiukns, and that Mr. Madison wrote the Vir-
gina report, the committee feel entitled TO quote
them es authority upon questions OF constitutional
law.
Kentucky Resolutions, passed November 10th 1875
"ResotDed, That the several States composing the
United States OF America are not united on the rin
cipse OF unlimited submission to their general GOV
crnment but that by compact, under the style and
title of constitution for ths United States, and of
amendment a fifufcJ N
eminent Tor special purposes, delegated to that gov-
eminent certain definite powers, reserving, each
State to itself, the resduary of right their
own self government; and that whatsoever the zen
eral government unde!egated powers its acts
arc unauthoritatiye void, and OF CO. that to this
compact each State nccedcd State, AMI is an in
tegsal parry; that this government createi by tins
compact, not made the exclusive final judLe OF
the extent Of the powers delegated to ITSELF since
that would have made its discretion, aud not the con-
sttuon, the measure of its powers; but that, in
all other cases OF compact among parties having no
common Judge each party has equal right to Judge
Tor itself, well of infractions OF the mode and
measure OF redress"
The Committee beg leave to add the following OK
ract from the Illustrous source:
"Phat the States Of North America, which con-
tolerated to establish their independence On the
government of Great Britain, became, on that acqu-
tion free and independent States, and, such, au-
horizsd to constitute governments, each for itself
q such form it thought best"
They declared in the second article OF their first
government, that leach State retains
is sovereignty freedom, and Independence and every
power, jurisdiction, and right which not, by this
onfederacY, expressly delegated the United States
IL Congress asserabIed." They afterwards entered
n,o compact, which IS called the constitution of
Tho United States of America, by which they agreed
% unite in single government. as to relations with
zach other ind with foreign nations, and as to GER
ain other articles particularly specified. They re-
aimed, at the same time, zach itself, the other
tights of independent government, comprehcadng,
mainly, their domestic interests
For the administration of their federal branch,
hey agreed to appoint in conjunction, distinct set
IF unctionaries, legislative, executive, and judiciary
u the manner settled III that compact, while to each
everay, and Of course remained its original right of
appointing, each for ITSELF separate Of function
aries, legislative, executive, and judiciary, also for
administering the domestic branch OF their respective
governments 4
"rhesc TWO sets of officers, each Independents of
he ether constitute thus whole of government for
ach State separately-the powers ascrlboH to the
me, specifically made federal, exerciScd over the
rosiduaty powers, retainc2 for the other
XercisabIe exclusively over its particular Sato-for
ign, hersn, each to the othcE, as they were before
he original compact"
That this the true exposition Ct the powers and
Of the fcJCfal and State rovernments IS