Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-08-17

right to maintain its opinion, as is the case when
sovereign powers differ in the construction oil
treaties or compatts, and that OF course. it would
come TO be mere question Of force. The error
Is IN the assumption, that the General Govern !,
ment is part Of the Constitutional compact. |,
The States, as has been shewn, formed the
compact, acting as sovereign and independent
The General Government IS but
its creature; and though in reality a Government
with all the rights and authority which belong to
any other government, within the orb OF its pow
ers, 1t is, nevertheless, government emanat-
ing from a compact between sovereigns, and par
taking in its nature aad object, Of the character
of joint commission. appointed to superlntend
and administer the interests in which all are jointly
concerned, but having, beyond its proper sphere,
no more power, than it it did not exist. 10
deny this would be to deny the most ipcontest
ible facts, and the cearest conclusions, while
to acknowledge its truth is to destroy utterly the
objection, that the appeal would be to force, IN
the case supposed. For If each party has right
to Judge, then under our system of government,
the final cognizance Of question of contested
power would be in the States, and not in the
General Government. 1t would be the duty OF
the latter, as in all similar cases Of contest
between one or more Of the principals and joint
commission or agency, to refeI the contest to
the principals themselves. Such are the plain
dictates Of reason and analogy both. On no
sound principle can the agents have right to final
cognizance, as against the principals. much less
to use force against them, to maintain their con.
structiun Of their powers. Such right would
be monstrous; and has never, heretofore. been
claimed in similar eases.
That the doctrine is applicable to the case of
contested power between the States and General
Government, we have the authority not only OF
reason and analogy, but of the distinguished
statesman already referred to. MIR. Jefferson, at
late period of his life, after long experience and
mature reflection, says, ''With respect to our
State and Federal Governments, do not think
their relations are correctly understood by tor
eigners. They suppose the former subordinate
to the latter. This is not the case. They are
CO ordinate departments Of one simple and inte-
grail whole. But you may ask if the two depart
ments should claim each the same subject of pow-
er. where is the umpire to decide between them!
In cases of little urgency or importance, the pru-
dence of both parties will keep them aloof from
the questionable ground; but if it can neither be
avoided nor compromised, a convention Of the
States must be called, y ascribe the doubtful pow
err to that department which they NAV think best"
1t is thus that our Constitution by authorizing
amendments, and by prescribing the authority and
mode of making them, has by simple contrivance,
with characteristic wisdom, provided power
which in the last resort supercedes eectually the
necessity, and even the pretext for force; pow
er to which none can fairly object; with which
the interests of all are safe; which can definite
ly close all controversies in the only efectual
mode, by freeing the compact of every defect and
uncertainty, by an amendment of the instrument
itself 1t is impossible for human wisdom, in
system like ours. to devise another mode which
shall be safe and effectual, and at the same time
consistent with what are the relation and acknow-
lodged powers of the two great departments of
our government. 1t gives beauty and security
peculiar to our system, which, if duly appreciat
ed, will transmit its blessings to the renotest ge
nerations; but il not, our splendid anticipation
Of the future will prove but an empty dream
Stripped OF all its covering and the naked ques-
ton is constitutional or absolute one; govern
ment resting ultimately on the solid basis OF the
sovereignty Of the States, on the unrestrained
will of majority; form Of government. as in
all other unlimited ones, in which injustice and
violence, and force must finally prevail. Let IL
neuer be forgotten that ,ohcre the majority rule,
The minority as the subject; and that il we should
attribute to the former. the exclusive
right Of constituting the Constitution, there would
be in fact between the sovereign and subject, un-
der such government, no constitution, Or at least
nothing deserving the name, or serving the legiti
mate object of so sacred an instrument.
How the States are to exercise this high power |
Of interposition which constitutes so essential
portion of their reserved rights that it cannot be
delegated cithom an entire surrender Of their So
rereignfy, and from converting our system from |
a federafinto consolidatedgovernment, Is aques
ton, that the States only are competent to deter
mine. The arguments which prove that they pos
sess the power, equally prove, that they are, in
the language of Jefferson, "the righitM judges
Of the mode and measure of redress' But the
spirit of forbearance as well as the nature of the
right itself, forbds recourse to it, except in cas-
es of dangerous infractions of the CONSTITUTIONS;
and then only in the last resort, when all reason
able hope of relief from the ordinary action of
government, has failed; when if the right to in
!erpose did not exist, the alternative would be
and oppression on one side, or resis-
lance by force on the other That our system
should afford, in such extreme cases, an interme-
late point between these dire alternatives, by
which the government may be brought to pause,
md thereby an interval obtained to compromise