The Arkansas advocate., 1831-09-28

hee. s!.cssas.
 These truths do seem to me to bc It1-
 eostfovertible: and am ai {. less sss ;ss-
 dcrstand how any one, who has nature ! lJ reflected on the nature ot our lllsti-
 tations, or Wliaiias read history, or ssadi-
 cd the principles ot free Governments i to any purpose, can call them n qaes- ton. The expiahat.on mast. 1t appears to me, be sought in the fact, thai ti. ~. er3 free State there are those who look
 more to the necessity oi maintaining power than guarding against its abuses.
 do not intend reproaeh, but simply to
 state II fact. apparently necessary io ex- I plain the contrarieiy oi opinions among
 the intelligent, wlsete the abrtract con-
 sideration of the subject would seem scarcely 10 admit Of doubt. If such be the true cause. must think the fear If weakening the Government too much in this cHse 10 he in q great measure un- founded. CT at least. that the great dan- ger is much less from that, than the op- posite side. do not deny that pow er, Of so high nature may be abused by I State; but when 1 reilect that the States unanimously called the General government into existence with all of is powers, which they freely surrender cd on their parl, under the enslvletian that the common peace, safely and pros- periiy required t; that they arc bound together bY common origils, and the recollection Of common suffering, and a common triumph in the great and splenr did achievement Of their independence; and that the strongest feelings Of our nature, and among item item .s. . |. s.sa~ tional power and distinction. arc ou tho side of the Union; tor does t seem to me thai the fear, which would strip the States Of their sovereignty, and degrade them, in fact, to mere dependent eofpo- rations, lest they should abuse q rieha indispensable 10 tue peaceable proiec- tion of those interests, alieh they re. served under their own peculiar guar- diansbip when they created the Gene raj government, is unnatural and uurea- sol.atbiie. ii those who voluntarily ere ated the system, cannot be trusted 10 preserve it, what power ean2
 
 So far from extreme danger, holdp that there never was fret state, in which this great conservative principle, indispensable in all, wns ever SD safely lodged. II, others when the co-estates, representing the dissimiIar and cenfIlct- ing interests of the community came ifl- 10 contact, the only alternative was conl- promise, submission or force. Not so is ours. Should the general government, and state come into conflict, we have. n higher remedy she power wi,ici, caii- ed the general government into cxis- tence, which gave it all of its authority, and can enlarge, contract or a',ol sh is powers at its pleasure, may be invoked.
 The states themselves may be appeal cd 10, three fourths of which, in fact, form power, whose decrees are the Constitution itself, and whose voice can silence nll discontcnt. The utmost ex- tent then of tho power is, that statc
 acting in its sovereign capacity, ns one Of ;he parties so the constitutional cos71< pact,may compclltllc government oreat- cd by that compact to snhmit qucs- ton touching it's infraction to the par- ties who created t: e avoid the sun. posed dangers of which, if is proposed to resort to the novel, the hazardous. and l must add fatal project Of giving fo the general government the sole aud linal right of interpreting the constitution, thereby reversing the whole system. making that instrument the creature of 1 its will, instead Of rule nl aei:an ;sss- l pressed oD it as is creation, and apnihi-
 laiing in fact the authority which impos-
 ed it, and frorp which the goycrnmenlit- self derives ifs existence.
 That such would be 4he result, were
 the right in question vested il, inc Leg
 isiatiye, or Executive branch Of the g0- yernment, is conceded by all. No ono
 has been so hardy as to assert, that Con-
 gress or the President ought 10 have
 the right, or 10 deny, that if vested finai- ly and exclusively in either, the conse- lqueaecs, which ] have stated would not
 necessarily follow; but its advocates have been rcconcilcd to the doctrine, on
 the supposition that there is oae Dc-
 partment of the General Government, i which, from ifs peculiar organization,
 afiords ai, independent tribunal through ] which the government may exercise
 the high authority, which is ii.e subject
 Reconsideration, with perfaetsafcty foaII- I yield, trust, to few in ms atiach-
 mcnt 10 the Judiciary Department. I I am fully sensible of ifs importance and