Alabama state intelligencer., 1831-08-20

ion, is tie case where sovereign powers ditferln the construction of treatise or compacts, and that ot course, it would come to be mere question of force The error is in the assumption, tEat the General Co., vernment is party to the constitutional compact The States, has been shewn, fOlmed the compact, acting as sovereign and independent cen munlies. The General Government is but is creature; and though in reality government with all the rights and authority which belong to any other govern ment within the orb of ifs powers is, nevertheless, a government emanatiDg fem a compact between sovereens, and pariakDg in its nature and object of the character of joint commission, appointed to su- perntend and administer the interests in which all are jointly concerned but having, beyond its proper sphere no more power han if 1t did not exist. To deny this would be to deny the most incontestible facts and the clearest conclusions: while to acknow- ledge its ruth is to destroy utterly the objection, that the appeal would be 10 force, in the case supposed For il each party has right to judge then under our system of government, ,he final coenizarce of q question of contested power would te m inc States, and not in inc General Government. It would be the duty of the latter as in all similar of contest between one or more of tbe punciTas ard joint commission agency, to refer the contest 10 the principals themselves Such are ile plain dictates of reason and analogy both. On TO sound principle can tie agerts have right to final coenzanoe, as against the principals, much less to use force against ihem to maintain cir construction of their powers Such right would be monshors; and las never, heretofore, been clomedin similar cases.
 That the 6octrpe IS applicable 10 the case of con- tested power between the States and tte General Gov vernment, we have Il c authority rot cnly of son and analogy, but of iEe disn guished states already referred to MT Ieferson, at q late peiiod oi his life, after lcng experience ard minute rt1ec- ton, says, With respect to State und Federal Governments, l Go not think their relations rectly understood by foreigners. They suTrose he foiner subordinate to the latter. This is not tle case. They ae coordinate departments of ore sIn- pie and integral vloe. Eutyou nay ask if leiwo departments should claim each the same object of rower wEere is ile un pie to decide between ihtm9 In cases of little urgency CT i'll Toance the prudence of both parties will keep tlem alcol ffcm lie ques onabe eIourd but il il can neither be avoided nor | Icompr0mised a convention of tEe States must be called, to ascrbe he doubtful power to that oeJa art ment which they may think best.' It is thus that our Constitution by authorizing amendments, and by prescribing tie authority and mode of making them, | as by simple contriyante, with As cbaiuc terstic wisdom, provided aIower which in tie Inst resort, suIercedes offectrally the necessity, and even the preext for force; power 10 which nCne can fairly object; with which the interests of all ale safe; witch can definitely close all controversies in the only eflcctua mode, by fleeing the cCmI act of every defect and uncertainty, by an amendment of the instrument itself It is impossible for human wisdom, in system like ouIs, 10 devise anoiEer mo6e which shall be safe and efectual, and al ihe same time consistent with wiat are tie relations and acknowledged powers of tke two great departments of government It gives beauty and security pe- cuar 10 our system, which, if duly appreciated, will Iansmii its blessings 10 iheItmoes gtnelations but if not, splendid snticiI aii0n of tie future will prove but an empty dream. SiripTed of all is CO., vering, and tie naked question is whether ours is
 federal or consolidated government: aconstitutlCnal or absolute one; government resting ultn aeIy On
 the solid basis of the sovereignty of the States, the unresirained will ofa majority; folm Of govern ment, in all oiEer unlimited ones, in which injrs- tce and violence, and force must finally prevail Let aerer Le torgofttn ha uLtre he mcjC,ify 'ules. the minority is he snet; and that if we should ab- surdy attribute to the iomer the exclusive right of l cOnstIuiDg tEe Constitution, tEeIe would he in fact between the sovereign and subject, under such go- vernment, no Constitution; or at least nothing de- serving the name, serving tie legitimate object of so sacred an instrument.
 How the States ale 10 exercise this high power of inerposition which constitutes essential IortiCn of their reserved rights that t cannot te dtfcgGttd uihCnt Gn tnti,e su,rtndr cf heir sovereignty and converting cur system tr m federal into G0nsoi,- dated government, is question: tlat lhe States only arc competent 10 determine. The arguments which prove that they possess the power, equally prove, that they are, in he language ofJefersop, "he right lJW judges Ct the mode and mt0saTe Gt redress" But the spirit of foibearaDce, well the nature of the right itself oibids recourse to it, except in cases of daneero infractions of the Constitution nnd then only in the last resort, when all reasonable hope of relief, from the ordinary acticn of lhe government, has failed; when fl the right to inerpose did not ex ist tie alternative would be sul mission and oppres sion side, resistance by force on the other. Hat system should afoid, insuth extrt me cases, an ine date oint betweentfese dire alternatives by which the government may be brops 10 pause, and thereby an inter, al ctianed 10 promise diff ferences, or if impracticable, be compelled 10 sub init the question to a constitutional adjustment, thro an appeal to the States themselves, is evidence of its he wisdom; an element rot, as is supposed by of weakness, but of strength; not of anarchy or revolution, but of peace and safety. Its general re coguitien uouM cf HseT in great measure f not at
 ogether snprrede he necessity ct its exercise, ty imprtssng Gnfhc mOrements ofhe goTcanmtnt, ,h0tm0- and justice 10 L0amCny peace in fount,y ot such rast taftnt and dirfrsify Q n trests 6urs; and would, if controversy should come, turn the resentment ofthe aggrieyed, rCm the system those who had abused iis rcweis, point all important and cause them 10 seek redress net in rtroriion or Grerhrc,c tut in retomofiln. It is, in fact, properly understood, sulsnfc uktre he alter natiae uCuid tc foree tnding 10 prfrtnt, and hat fails 10 correct rtao0Jfy, Me ce,1otens 10 uhth aH politicai systems H0Ce, md uhieh, U re,nittd 10 acCtmuiaie, uithCm co7recfion, must fnoUy tad in gtne,0t t0taSf,crhe.
 l have now said what intended in reference 10 he abstract question of the relation of ire States to the General Government, and would EeIe conclude, did net believe lat more general state nlent on un abstract question, without including that which may lave causeds agitation, would be considerably ma- ny imperfect, and unsatisfactory Feeling tEat such would be justly tEe case, am compelled reluctant- y 10 touch on the Tariff SO far. at least as may be necessary 10 illustrate le opinions which have all ready advanced. Anxious, however, 10 intrude as
 little as possible on the public attention. ] will be as brief possible and with that view, will as far as may be consistent with my object avoid all deba- table topics. [ To Ie ttnciudtd in cur ntat.1 | CHARLESTON, (S. C.) August l.