Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-12-29

~ shouId he exerted separately by the States
Virginia declared, in reference 10 the r'sht as
serted IN the resolutions of '9S. above quo'eu' !
even after having fully and accurately re
mined and reconstructed these resolutions o'a'
she found il To be her indispensable du'y 10 aa
here to the same. as founded II TRUTH ~ co"'o'
nanf nth the Constitution. ami a. c"na"e''e I.
ITS welf,re;" and Mr.. Madison himself asserted
them to be perfectly CONSTITUTIONAL anu e"u'
clu i've"
II is wholly immaterial. however. by what
name This right NAV be called; for. If 'he Con-
s,irutiun be "a compact Ia winch the States are
,,r,;as." if " acts Of the F.d.ral G,Sernmrnt
are no further valid than they are authorised oy
the grants enumerated by that compact;' 'hen
we have the authority Of Mr. Madison ""''
for the inevitable conclusion that it - 80
principle, illustrated by common p'ae"t",
essential to the nature Of compact', 'hai
resort can be had to M tribunal superior ." :
authority of the parties, the parties she'h"s'''-
must be the rghttul Judge in The last resort. whe'
Their the bargain made has been pursued or VI"
lated" The Constitution, continues Mr.. Via
disnn. ,Oas formed by the sanction OF the
States. giuen by each IN its sovereign capacity:
the States. then, being parties to the c"hs''u-
tional compact. and in their sovereign capac''y'
il fn,ows, of necessity. that there can Dr. n" t''
bunal above their authority. to decide "a the last
resort, whether the compact made by them or
violated: and. consequently, that. a, the parties
to it. they must themselves decide 10 the 'a't re
sort, such questions as may be ot sufficient mag
nitndr to require their Interpolation
If this right does not exist IN the several States.
then il is clear that the discretion ot Congress-
and not the Constitution, would be the measure
of their powers; and tNis. says Mr. Jefferson,
would amount to the "seIzins the rights Oh the
States and consolidating them in the hands OF
the General Government, with power assume"
TO bind tls States, not onl y III cases made To-
deral but in all cases whatsoever; which would B."
to surrender the form Of Government we have
chosen, to live under one deriving It's power
| from its own will "
| We hold it to b. impossible to resist the argu-
mont. that the several States, as sovereign par
tie, to the compact. must possess the power, IN
cases of GROSS. deliberate, aad papabie viola
tpns of the Constitution, to Judge. ca.h for nSeJ.
: "a well of the infrdc tan as the mode and mea-
sure of redress" or ours is coNsoLID ,TED
GoyERyMsxr, .'without limitation ut powers;'
submission To which, Mr.. Jefferson has so,
! lemnly D, Pronounced to be greater evil than dis
union itself If. to borrow the language OF Ma
dson's report, ''the deliberate exercise oil dan
yeruus powers, palpably withheld by the ConstI'
tuition. could not justify the parties to It. IN uher-
posing, even so far as Ia arrest the progress ~
The erH. aud thereby to PRESERVE THE toNsTI.
TUITION ITSELF, as well as TO provide Tor the
safety Of The parties 10 II, there would De an emu
TO ali relief from usurped power. and direct
subverson If the rights specified or recognized
under all the State constitutions, as well as a
pain denial of the fundamental principle on
7 which our indenputlence itself VAS declared"
The only plausible obje ton lat can be- urged
again>, this right, indispensable to the safety
of the States. is that IT NAV be abused. Bal this
danger Is believed TO be altogether ina slnary. -
So long as our Union is felt as 4 blessng-and
thi. will be Just so long as the Federal Govern
men, shall cOnfine its operation within the AZ
knowledeed iimis Of he charter-there will be
no temptation for anv State to interfere with the
harmonious operation Of the system There
viii exist the strongest motives to induce for
bearanCp, and none ~ prompt to aggression on
either side, so soon il shalt come 10 be- uuiver-
sally felt and acknowledged that the States do not
stand 20 the UnIon IN the relation ut degraded
and dependant colonies. but that our bond OF
union Is formed by mutual sympaiheS and com
mon interests The true answer To this 0uiec ton
has been given bv Mr.. Madison. when he says:
X DIES not fnilow, however, that because
the states. az sovereign Ti'ties w the CohSWtu
tinnal compact. must Ultimately decide whether
it has been violated. that such a decision ought
to be nterpnseh. either IN hasty manner. or on
doubtful and inferior occasions. Even in the
case of ordinary conventions between different ma
tions, it is always laid down that the breach
must be both wIlul and material to Justly an
application of the rule. But in the case Ut an
intimate and constitutional Union, like that Of
the United States, it is evident that the interpo.
sItion of the parties, IN their sovereign capacity.
can be called for by occasions only. deeply and
essentially affecting the vital principles Of their
political system"
Experience demonstrates that the danger is not
that State will resort to her sovereign rights
too frequently or on light and trivial occasions,
bat that she may shrink from asserting them as
often as ma, be necessary.
I, is maintained by South Carolina, that, &C
cording to the true spirit of the Constitution, it
becomes Congress, IN all emergencies like the
present, either to remove the evil BY legislation,
or to solicit OF the States the call Of Il Conven
ton; and that, on a failure tn obtain, bv the
s,n, ,f tbreo -E,nr,hs nE all ha Siat.s anpnd.