Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-10-02

next propose to consider the practical effect
Of the exercise Of this high and important r'gh:,
which as the great conservative principle OF our
system, is known under the various names OF null
LITIGATION, iuterposition. and State Veto, IN refer
ence Ia ITS operation viewed under different AS
poets; uulhfcation. az annuIling an unconstitu-
tional act of the General Government as far as
the State is concerned; interpos,tion,a throwing
the shield Of protection between the citizens Of
q State and the eucroachments Of the Govern
ment; and Veto, as arresting or prohibiting its
unauthorized acts within the limits Of the STATE.
The practical effect could the right be consd-
cred as one fully recognized, would be plain and
simple. and has already IN great measure been
Anticipated If the State has a right, there must,
Of necessity, be corresponding obligation on the
part of the General Government to acquiesce IN
its exercise; and Of course, It would be Its duty
10 abandon the power, at least, as tar as the
State Is concerned, and 70 apply to the States
themselves, according to the form prescribed IN
the Constilion, to obtain 1t BY grant. lfsrant-
ed, acauie,cerce. then, would be duty on the
part OF the State; and. in that event, the con-
test would terminate in converting doubtful
constructive power, into one positively granted;
but, should i, not be granted, no alternative
would remain for the General Government, but
its permanent abandonment. In either event,
the controversy would be closed. and the Consti
ta,on fixed; result Of the utmost importance to
the steady operation of the Government, and the
siabiity of the system. and which can never be
attained. under ITS present operation, without
the recognition OF the right, as experience has
shewn.
From the adoption Of the Constitution we have
had but one continued agitation Of constitution
al questions. embracing some OF the most I'M
por tant powers exercised BY the Government;
and yet. in spite of all the ability and force OF
argument displayed in the various discussions,
backed by the high authority claimed tor the Su-
preme Court. to adjust such controversies; not a
single constitutional question, OF political cha
racter, has been settled, in the public Opt.
Mon. except thar Of the uuconstitutionality Of
the Alien and Sedition Law; and, what is re-
MAJ kable. that MAS settled against The decision
OF ihe Supre1ne Couf. The tendency is to m.
crease, dui uo, 10 diminish this conflict for pow
er New questions are yearly added, without
diminishing ne Old. while the contestoecomes more
obstinate a, the inst increases; and, what IS high
], ominOus. more srctiUnal. Ii Is impossible that
the Government can last under this increasing d.
versity of opinion. and growing uncertainty, as
tn its power, in relation to the most important
subjects Of Legislation; and equally So, that this
dangerous state can terminate, without pow
err sonew here to compel. in effect, tn Govern
ment to abandon doubtful constr ucti, epowers. or
to convert them into positive grants.by an amend
ment of the Constitution; in word, to substi.
tute the positive grants o the parties themselves,
for the constructive powers interpoIated by the
agents Nothing short of this, in a system con.
structed as ours IS, with double set of agents,
Que for local, aud the other for general purposes,
can ever terminate the conflict for power, or give
uniformity and stability to its action.
Such would he the practical and happy opera
ration were HE right recognised; but the case
NAV be far otherwise: and as the right is not on
~ denied. but violently opposed. the General
Government. so far from acquiesCing in its exer-
else. and abandoning the power, as IT ought, may
endeavor. by all the means within its command.
to enfnrceus construction against that OF the
State. II isunder this aspect Of the question.
that nov propose to consider the practical effect
Of the exercise of the right. with The view TO de-
termine, which If the two, the State or the Ge-
neral Government. must prevail IN the conflict;
which compels me to revert to some of the
grounds Already established.
have already shewn that the declaration Of
notification would be obligatory on the citizens
OF the State, as much 50 in fact. az its declara
ton rat,fying the Constitution, resting, as it does
on the same basis. Ii would TO them he the high.
esi possible evidence, that the power contested
was not granted. and. of course, that the act of
thu General Government wa, unconstitutional -
They would b" bound. in all the relations o, life,
private and poiucal, To respect and obey il. and,
when called upon, az Jurymen, to rende, their
verdict accordingly: ar, as Judges 10 pronounce
judgment, in conformity to it. The right at Ju.
~ trial is secured by the Constitution thanks to
the jealous spirit Of liberty douoly secured and
fortihed) and. with this measurable right-ines.
Unable, no, only as an essential portion of the
Judicial tribunals OF the country, but infinitely
more so, considered as popular. and still more,
q local representation. in that department of the
Government. which without 1t, would be the far.
thest removed from the control Of the people;
and f, instrument to sap the foundation Of the
system; with. repeat. this inestimable right, it
would be impossible for the General Government,
within the limits of the State to execute Il gaLiy
the act nuli6ed, or any other, passed with view
to enforce it; While. on the other hand. the State
would be able to enforce legally and peacefully its
declaration OF Modification. Sustained by its
court sand jures, it wouIdcalmlv and quietly,
but successfully. meet every eff"rr Of the Gene.