Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-02-01

possible check, cncroach upon the other polt-
icul departments of the government
| Much difficulty and emba rrassment, in discussing
questions of political powers ard rights, arises from
blending and con:ounding terms usually employed m
expressing and describing political laws and iudg-
nents A proper under anding Of the distinct ION
between them will enable To detect any attempt OF
the govern nent or any department III it, TO alter
change the constitution Political law is made BY
the people, to restrain government: civil law is made
by the government to restrain iadiriiaIls The for
ucr sa rule OF action for the govesniug the latter
rule Of action for the governed.
The Supreme Court virtually claims The right, I'M
dcrhc constitution. Ia pronounce polite L lnd .mens,
and asserts the power, under the judicial act, OF
rying them into execution, by cocrcng sovereign
States. The Committed readily admit that there Is
great difficulty di,, ngshing between political laws
and judgments, ard rri laws and judgments, most
OF the governments ui the world, odi confidently
believe that fur,scen aud provided f,r by the
trainers of the federal constitution, ny the division and
limitations Of power hud there, beiw cen Tie fed
crll and State governments. None dcny that such !
division of powers made by the Constitution be-
tween the federal government and the States BY tho
grant OF specific powers TO the former, and the
eva,inn of all ungranted powers 10 the latter; but
great diversity of opinion has existed TO the power
To which resort be had determine cues tons
and controversies that might arise between the sey-
cral departments Of fedcrltive system. The
question Is not new In the great ponca,
contest IN 1928 and 1909, this very question madr
distinction, and marked tn, line OF DIVISION be-, ~ cen
federal party, who IN N IN power, asserted that
the federal court (Which had just then declared and
enforced rs CONSTITUTIONAL the alien and sedition
laws was the tribunal OF last resort established by
the constitution to judge of and determine questions
of controversy between the departments Of the edc
raj government, and between the federal government
ani the States. The republican, or State rights
parry of that day, the n'rary. denied that the
Judicial department OF the federal COVE un"n, or
the departments nf that government COM unity, were
empowered to d eide Euaily and authoitatvcly. in
questions ot sovereignty, roa!rOrcrSjes between u
State aud the federal government, aud asserted aud
INSISTED that there was cJinil tribunal CS al
iished b. the constitution tor such purpose. ard
that consequently each party had tic right iJ-c
CT and determine the extent OF lis own rights and
powers. The avowcd polIiiCj! creed ~! that party
vas, that the Union the result OF Il compact be-
tween The people of the several atPs, in their soy
'reisn and corporate cap citIcs and characters ui
srPafd'e ara independent societies or States, ana
not as one entire people forming one nation. That
these were the OPINIONS ana principles OF the rrpub-
cnn party of that dag, Is abunanly proven by Mr..
Jefferson Mr.. Madison, and many other cJlI COAST.
iuinna lawyers.
The committee Do no, mention the names Of
these distinguished TOR the purpose merely of
using their opinions authority for the principles
they advocated but 10 establish the fact Ira: tic
great body Of Tie American people did pass upon,
sanction, and adopt these principles as forming the
true theory OF our government which was mcniscs-
red by the promotion OF these gentle to the very
stations where these principles were be tested by
action and practice. as Ii Is now n matter of ui!-
questionable history that Mr.. Jefferson pennned the
memorable resolutions community called the Kentuc
~ resolutions, and that Mr. Madison wrote the Viz.
ginia report, the committee feel entitled TO quote
thcm as authority upon Questions CT constitutional
law.
Kentucky Resolutions, passed .T,resnJsI. 10th i1oc
"Ifeyotccd, That the several States composing the
United States Of America are not united the pin
ciple Of unlimited submission To their general rov
eminent; but that by compact, under the STYLE and
of far fha 4
amendment thereto they constituted general gov.
crnnent tor special purposes, delegated that gov
cTnuient certain definite powers, rcservInr, each
State to ITSELF the rrsidudry OF right 10 their
own self government; and that wleGsnevcr the gen
eTai government assumes nuleegated powers is acts
are urauthorit1;ic. void, ind OF 10 Cc that tls
compact each State aCcclod as State, anu IS an in
tegFaI party; that this government, cfcarci by this
compact, was not made the exclusive or final ind re Of
tho eXten. u the powers delegated 10 i;sC, Since
that would have made lis dscreion and not the Cor-
siutlon, the measure Of is powers; but that, in
all other Of compact among parties having no
common judge, each party has equal rgh. to Judge
Tor Itself, as yell Of infac;ons as Of the mod, and
measure OF redress"
The Committee beg leave 20 add tic r1iJwrr OK
tract from the same lusrioGs source:
That the States OF North america which con-
federated to establish their Independence on tho .
government Of Great CiItaia became on that acnui-
son, free and independent States, and, as SUCH au-
thorzod to constitute governments, each for itself
They declared in the second article rf their first |
confederated government. that 'each State retains
its sovereignty freedom and Independence and every
power, jurisdiction, and right which is not, by this
expressly delegated TO the United States
in Congress assembled" They afterwards entered
into compact, which Is called the constitution OF
the United States of America, by which they agreed
to unite in sing government, TO relations with
zach other, and with foreign nations, and 20 GER
tain other articles particularly specified They re-
tanned, at the same time, each ITSELF the other
rights of independent government, cOmprehcndng,
mainly, their domestic interests.
For the administration Of their federal branch,
they agreed tn appoint, III conjunction, distinct set
OF iuncpnarics, Legislative executive, and judiciary
III the manner settled IN that cJmp1c;, Will. to cacI
scveraIy and Of course, remained IT, original right Of
appointing, each for itself, separate &c; Of Functions.
aries, Legislative, executive, aud judiciary, also for
administering tho domestic branch O: their respective
governments.
These Two sets Of officers, each independent of
the other constitute thus whole Of gogcfument Tor
each State gcparatcly-ihc powers Inscribed to the
one, as specifically made federal exercised over the
ThoIc-thc rcsduary powers, retained for tho other,