Virginia free press & farmers' repository. [volume] (Charlestown, Va. [W. Va.]) 1827-1832, 1831-09-08

rights aud authority which belong TO
any other government within the orb Of
its powers, il is nevertheless govern
ment emanating from a compact be.
tween sovercigns, and partaking in it's
nature aud object, Of the character Of
4 joint commission, appointed TO SUI.
perintend and administer the intere 81 =
in which all are jointly concerned. but
having, beyond its proper sphere, no
more power than if il did not exist
To deny this would be 10 denv the
most incontcstible facts, and the clear.
est conclusions while to acknowledge
its truth is to destroy utterly the oh.
lection, 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 the
iinai cogni2ance Of n question Of con
tested power would be in the states,
and not in the General Government.
Ii would be the duty Of the latter, as
I'm all similar cases of a contest be.
tween one or more OF the principals
and joint commission or agency, TO
refer the contest tn the principals them.
selves. Such are the plain dictates Of
reason and analogy both. On no sound
principle can the agents have right
To final cOgniZance,a s against the prin.
cipals, much less TO use force against
them, to maintain their construction of
their powers. Such right would be-
monstrous; and has never, heretofore,
been claimed in similar cases.
That the doctrine is applicable to the
| case OF contested power between the
States and the General Government,wc
have the authority not only of reason s.
analogy, but of the distinguished states
man already referred TO. Mr.. Jefier-
son, at a 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 arecorrectly understood
by foreigners. They suppose the form
er subordinate to the latter. This is
not the case. They are coordinate
departments Of one simple and integral
whole. But you may ask if the two
departments should claim each the same
subject OF power, where IL 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; bu,
II II can neither be avoided nor com
promised, n convention Of the States
mast be called 10 ascribe the doubtful
power to that department which they
may think best" Ii is thus that our
Constitution, by authorizing amend
ments, and by prescribing the authority
and mode of making them, has, by a
simple contrivance, with its character.
istic wisdom, provided power, which
IN the last resort, superscdcs eifectually
the necessity, and even the pretcxt fol
force--a power TO which none can fairly
object; with which the interest Of all
are safe; which can definitely close all
controversies in the most effectual
mode, by freeing the compact Of every
defect and uncertainty, by an amend.
ment Of the instrument itself. II il
impossible for human wisdom, in sys.
ten like ours, 10 devise another mode
which shall be safe and cfFectual, and
at the same time consistent with what
arc the relations and acknowledged
powers of the two great departments
OF our Government. II gives beauty
and security peculiar to our system.
which, il duly appreciated, will trans
NIT its blessings 10 the rcmotest gene.
rations; but IL not, our splendid an.
ticipation Of the future will prove but
All empty dream. Stripped Of all it,
covering, and the naked question ia,
whether ours is Federal or consrlI.
dated government; constitutional oI
absolute one-a government resting
ultimately on the solid basis of the
sovereignty of the States. OF or the
nrestraincd will Of a majority; form
Of government, as in all other unllmit
ed ones, in which injustice. aud VIC.
lence, and force must finally prevail.
) Lett never be forgotten that where the
majority rules. The minnri'v is tho
subject and that five should absurd
" attribute TO the former the exclusive
. right Of constituting the constitution,
there would be in fact between IN,
sovereign and the subject, under suci
government, no constitution, or nj
| least nothing deserving the name. ~
serving the legitimate object Of 80 "a
cred an instrument.
How the States are In exercise thi.
, high power Of interposi'ion. which con
stitutes so essential portion Of THEN
reserved rights, that il canpoi be dele
gated without an entire surrender oI
i their sovereignty. and converting on
system from a federal into a cOnsoli
dated government. is q question thai
the States only are competent 10 DE
, iermine. The Arguments which prove
, tha, they possess the power. equsll,
oroXe iLsf tf,ev are. ia tho iauouag,. al