Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-08-16

but that he Judicial De jag'nlrut my ale exersi
sanction dangerous powers beyond tho grant Of ihe
Consn'u"on' aud consequently that tho ultimate right
oil the parties TO he Consuon Judge whe her the
compact has been Dangerously violated must extend to
violations by one delegated authority a welt as by auo
hei-oy The Judiciary as we'll as by the Executive o.
Legislative"
Against these conclusive arguments a. thew seem 70
me' Is opJsced, ua, II Que party has the right to
Judge OF inlraclous Of the Constitution, so has the OH
o., and that consequently In OF contested powe
between SAFE aud ihe General Government, each
would have right 10 maintain its opinion, as IL the
case "hoh sovereign powers differ in the ens;rue'iOn
OF hea1es or compacs, and that. Of course il would
GONE 10 De mere question Of iOce. Tho error is in
Tue assumption, that the ra GOyernms nj il part,
iothe Constitutional Compact. The States az has been
oInea me compact. acting as soversgn aud
independent communities. The General Government
Is bat us creature; aud iho in reality sovernment
WI all the rgbs ard authority which b. long IN ,nv
her government wi hin the orb OF is powers Il il,
vefheiess, government eInanaiing from a ecmpac,
between soseregns, and par,skiag is nature and on
Jec', oil The character oil JOINT mission, appointed
snperln'end aud administer the interests which all
are Jointly concerre!, bat having, hey ond 10 proper
sphere, no more power than il il did not exist To de.
ny thi would b, to deny tie most ncont estible fact.
aud the eearest Conclusions while acknowledge its
truth, Is to destroy utterly the obj eiion that the an
Prai would be 10 force, in The supposed. For il
each party has right &c JUICE, then 1nser our sys-
TEN oil government tho bual cognizance OF que stlon
OF contested power would bs in ibe aies and no, in
the General Government IL would be the tuy OF IA.
later, as IN all emlar Of contest tween Que
or more oil the principals and joint commission or
agency, 10 refer The CONTEXT the principals hem
ouch are me plaza dictates II AMI analogy both
On 10 sound iuciple can the agents have right "a
hna cOgnzlnet, as agant tina principals much less ia
use ioiee salnst lhem, 10 maintain t ir elton
oil their powers Such right oud be- INDUSTRIOUS
aud las never, heretofore, been claimed in .in,lal
cSses.
That the doctrine is applicable 10 the Gaze Of a SON
tested power between ths States aud the General Go
vernment we have the authority not only of sasor
aud analogy, but OF the diTiDg ushed alrea,
referred TO. Mr. erson at late period OF his life
after lorg experience aud mature II elton save swim
respect 10 our Safe and Federal Governmt mis-, d,
not think their relations correctly undeI stood b,
foreigners. They suppose the former subordinate e
'he latter This not the c'se. They coordinate
departments OF one simple and integral whole Blu
you may ask II the two departments should claim
same subject OF power, whore is the umpire de
eide them! ln cases Of lille urgency importance
me prudence OF bolh pares wi keep them aloo from
the quest enable ground but il il neither bs avoid
ed nor compfo missed, convention of the States mu,
be called 10 ascriSe tho doubtful power TO that depart
ment which they may think best" 1t thus thai ou
Ctn'i'utioni by authorizing ameu dmenis and by pre-
| scfibog the authority aud mode of making the ba
by simple contrvanse, with its stic wisdom
provided power which in the last resort supercedes
shectuay the necessity and the pretex, for force
power TO which none can fairly object; with which
me interests OF all cafe which de finitey close
all controversies in the only eectut mod, by ireeipe
the compact oil every defect and uncertainty, by en-
amendment OF The instrument itel. Ii is i'm possbs io
human VISIONS 10 system like ours, 10 devi,e anoihei
mode whth shall be safe and efectua and at the came
line consistent with what are the reet and acknow
lodged powers OF the great department., OF our 20
vefnmeni. IL gives beauty and security peculiar tc
our sysiem, which, IL duly appreciated, viii admit III
blessings 10 the Tehosesi genera but il not o
splendid anticipation OF the future will prove but AZ
empty dream. Stripped OF all IFS covering aud the ma
kod question IL, whether ours is federal or a eonso
dated governmen'; constitutional or absolute one;
government resing intimately on the solid basis O.
the sovereignty oil the States the ed
"lN OF mtj'ry; form Of government, as in ali
other unlimited ones, in which niuslict and violence
and iotce must finally prevail. Let il never be for e [
ten, That whore the majority rules the minority is h
iubjec and ;hA II should absurdly aur butte 10 ,h
FORMER, The executive right OF continuing the Con.ti
luton there would be IN fact between the sovereign
aid subJeci under such government 10 Constitution
OF al east Ioihng deserving the name, or serving th
legitimate object IT SO sacred an instrument.
How the States are 10 rcise this hig power G
nierrosuon Which constitutes so essential portion
their reserved rights that it cannot be- delegated with
gu. an entire .uFrendsr OF their sovereignty, and
veriing our system from federal into consolidate
government question, that the Safe, only are com
pe'eut 10 determine. The arguments which prove ha
.iey possess me power equally prove that they are
IN we language oil Jefferson, he rghiful jdges If III
mode ana measure OF redress" But the spirit OF for
sai@hee' as wen az the nature OF The right itself for
Iecoutss TO IT, except in cases OF dangerous in
"cHohs OF Tue Constitution; and then only in the las
resort "heh all reasonable hope of relief from the or
u'naiy acuon OF The government, has !ai!ed; when
tue Sh'o ln'erpose did not exist, the alternative woul
H.. "A n
oy iorce on tbs oiher That our system should aHrd
IN such extreme cases, an iDterms dale point betyVse
,h'se ore al etnahVeS, by which the government mi
90 brought 10 pause and thereby an interval obtain
cd TO compromise differences, or, il impra ccable m
compelled 10 submit the question To constitutional adj
Jusment, Ihro an appeal 10 the States themselves
an evidence oil Its high wisdom; an element not a. /
supposed by some OF weakness but OF strength: moi
anarchy or revolution, but OF peace and safetY It's
neral recognition would Of iiselt in great measure
roi altogether, superscede the necessity of tie exercise
/ he mn AFT 1,
iLa' moderation nd justice essential to harmony an,
peace, In country OF snch vast emit and divers,
W OF interests as ouTs; aud would controversy shou
come turn The resentment Of the aggrieved from IN,
system to hose who lad abused s power IA point all
lmpor'f', and cause them seek redress not i'm r.
Volu'lon Or overthrow, butio reformation. Il isp kct
properly understood, substitute where the ALTERNATIVE
"oud be force, Tending to prevent aud if that fails (t
eoIreel Psaceably, lbe alterations which all poI,es
systems are liable and whicb permitted 10 emulate
without CORRECTION must hnaly end isa general caias
Gophe. '"'"'
have now said what intended in reference to IN,
ABSTRACT question Oi the relation Of the States to the &c
neral Cove nInent, AID W ud be Conclude did no
believe MAT mere general statement on an abs,roe
question, without including thai which NAV have cans
ed its agitation, would be cor sideTed by Ioaov inner
feet, and nsa.i.acOry. Fesiing that such gould h,
JusiiY if case am coupe led, teluetsny 10 touch Of
Tue Iai 80 lar, at leat, may be necessary 10 it
iTaie The OPTIONS which | have already advanced
Anxious, however, TO inttude iiHls as possible OF
the pu lie attention, will be az brief as posibe am
with that view, will az far 40 NAV bs roh,islent cid
my object, avoid all debaleabls topics
l (IO be concluded in our merit
| -. - 1919 1aEszSszs