Virginia free press & farmers' repository. [volume] (Charlestown, Va. [W. Va.]) 1827-1832, 1831-09-01

we oDjctt>, Tue STATE aStu1 sSpatalc
Nv, representing and protecting the To-
cal and peculiar interests; acting Joint
" through Que General Government.
with the weight respectively assigned
to each by the constitution. reprcscn,in:
and protecting the interest oil the hol,
and thus perlecting, by an admirable,
but simple arrangement. the great
principle % rcpr. ,entation anti rcspon
~ibll'ty, Without which no government
can bc free err just. To preserve this
sacred distribution. As originally set
tied, by cocrcius each to move IN its
prescribed orbit, is the great aud diff
cult problem, Ola the solution OF which,
the duration of our constitution, of
Union, and in all probability, our lib
erty depends. How is this to be ef-
fccted:
The question is new, when applied To
our peculiar political organization, where
: the separate anil conflicting interests OF
society are represented by distinct, but
connected Governments; but Il is IN real
ity an old question under a new form. lopg
since perfectly solved. Whenever sepa-
rate aud dissimilar interests have been
separately representcdin any government;
whenever the sovereign power has been
divided IN its exercise. the experience and
wisdom OF ages have devised but one
mode by which such political organiza ton
can be preserved, the mode adopted in
. England, ard by all Governments anc lent
and modern, blessed with Constitutions
deserving TO he called free 10 give to
each co-es,a,e the right TO judge Of it,
powers, with a negative or veto en- the
acts OF the others, IN order 10 protect q.
gainst encroachneuts, the interest IL par
ucularly represents; principle which all
OF our Constitutions recognize 10 the dis
iribu,ion OF power among their respective
Departments. as essential to maintain the
independence Of each. but which. 10 ell
who will duly reflect on the subject. must
appear far more essential. for the same
:. object. in that great and fundamental dis
tribution of powers between the State and
the General Government So essential is
the principle. that 10 withhold the right
from either. where the sovereign power is
divided, is in fact ~ Gnn,I the dirisi0n itself,
and TO consolidate in the one, left in the ex-
elusive possession Of the right, all Of the
powers of the Government; for IL is not
possible 10 distinguish. practically. be
tween Government having all pow
cr. and the one having the right TO take
what power it pleases. Nor does il in the
least vary the principle, whether the dis
Irritation Of power be between the CO.
estates asi in England, or between distinctly
organized but connected Governments. as
with US. The reason is the same in both
cases. while the necessity is greater in our
case. as the danger of conflict is greater,
where the interests of a society arc divided
geographically. than in any other, as has
already been shown.
These truths do seem 10 me 10 be inc on
trovertible and am at loss TO under
stand how any one who has maturely re-
Elected on the nature Of our institutions,
or who has read history, or studied the
principles or free Governments to any
purpose, can call them in question. The
explanation must. IL appears to me-, be
sought in the fact. that in every free State
there are those who look more 10 tho ne
cessiiy of maintaining power. than guard
! ing against its abuses. | do not intend
reproach. but simply to state a fact, ap-
parenily necessary TO explain the contra
riefy OF opinions among the intelligent,
where the abstract consideration Of the
subject would seem scarcely TO admit Of
doubt. If such be the true cause, must
ment too much, in this case TO be unfound
ed, or, at least. that the danger is much
less from that than the opposite side. / do
not deny that power Of SO high a nature
may be abused by State. but when I
: rccollect that the States unanimously call
ed the General Government into existe nee
with all its powers. which they freely sur
rendered on their part, under the convic-
! ton that their common peace, safety, and
h, prosperity required il. that they arc hound
I together by n common origin, and tie re-
collection Of common triumph ia the
great and splendid achievement Of their
independence; and that the strongest
feelings OF our nature, and among them.
the love Of national power and distinction.
are on the side Of tho Union; il does
seem 10 me, that the fear which would
, strip the States or their sovereignty. and
( degrade them. 10 fact to nero dependen nj
corporations, lest they should abuse a
right Indispensable 10 the peaceable pro
{ lection Of those interests, which they re-
served under their own peculiar guardian
ship. when they created the General Gov
eminent, ~ unnatural and unreasonable
( II those who voluntarily created the sys-
tenn cannot be. trusted to preserve il, what
power camp
/ 30 f'r rom extreme danger, hold that
there never was free State in which this
great conservative principle indispensable
~ al, was ever so safely lodged. In others,
when tue co estates. representing the dis
/ similar and connecting interests Of the
community, came into contact, the only
alternative was compromise, submission
/ or force. Not so in ours. Should the Gen
eral Government and n State come into
conflict. We have higher remedy the
power which called the General Govsrn-
/ Iaent soto eSiitonce. which save il ell Of
! its authority, and cen enlarge. contract.