Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-10-02


but, in the latter case both the principal and the
gent bear relation Inc other principals which must
be taken into the estimate, in order to understand
fully all tho results, which may grow out of the con-
test for power between them. Though the construc-
lion OF the principal is conclusive against the Joint
agent as between them, such s not the between
him and his associates, They both have an equal
right OF construction, and it would be the duty of
the agent TO bring the subject before the principal to
be adjusted, according TO the terms of the instru-
ncnt OF association and of the principal 20 submit
To such adjustment. In such cases. the contract il,
sell Is tho law, which must determine the relative
rights and powers of the parties TO it. The General
Government is u case OF joint agcncy-thc Joint a.
gent OF the twenty -four sovereign states. 1t would
be its duty, according to the principles established in
such instead of attempting to enforce its con.
struction of its powers, against that of tho States
to bring the subject before the States themselves in
the only form, which according to the provision OF
the Constitution it be- by proposition TO amend
in the manner prescribed in the instrument, to be
acted on by them in the only mode they cam by ex-
pressly granting, withholding the contested pow
err Against this conclusion there be raised but
one obection that the States have surrendered, or
transferred the right i'll question. 1t such be the
fact, there ought to be difficulty in establishing
IT. The grant of the powers delegated is contained
IN written instrument, drawn up with great care,
and adopcd with the utmost elaboration. 1t pro-
Vldcs, that the powers not granted, reserved
the States and the people If it be surrendered, or
transferred, let then the grant, be shcwn and the
controversy tcrminated and surely, 1T ought to be
shewn, plainly and clearly shown before the States
are asked to admit what, if true, would only d.
vest them OF right, which under all it's forms, be-
longs to the principal over his agent, unless
dered, but which cannot be surrendered with
out in effect, and for all practical purposes, re-
versing the relation between them; putting the a.
gent in the place of the principal and the principal
III that oi the agent; and which would degrade the
States from the high and sovereign condition, which
they have ever held under every form of their
stencc, to he mere subordinate and dependent corpo
ratons. But, instead of showing any such grant,
n he in he Const tiOn
authorizing the General Government to exercise any
control ohatecer State by force, by veto, by
Judicial process, or in any other form-a mpor
tdht OMISSION, intended, and not accidental; and
will be shcwn in the of these remarks, omit
ted by the dictates of the profoundcst wisdom.
The journal and proceedings of the Convention,
which formed the Constitution afford abundant
proof, that there was in the body powerful party
distinguished for talents and influence, intent on
obtaining for the Gederal Government, a grant of
TIC very power in question, and that they attempt
ed effect this object in all possible ways but for
tnnately without success. The first project of a
Constitution submitted to the Convention Gov
Randolphs) embraced proposition to grant pow
or, 'to negative all laws contrary, in the opinion
ct the National Legislature, the articles of the
Union, or any treaty subsising under the autaori-
~ OF the Union; and to call forth the force of the
Union against any member of the Union failing
to fulfil its duty under the articles thereof" The
next project submitted (CharIcs Pinckney's) con-
tanned similar provision. 1t proposed s'that the
Legislature of the u. States should have the power
10 revise the laws OF the several States, that
| be supposed to infringe the powers exclusively de-
| legated by this Constitution to Congress- and to
| negative and amnul such do" The next was
submitted by Mr. Paterson of New Jersey which
| provided, "if any State, or body of men in any
stale, shall oppose prevent the carrying into
execution such acts, treaties (of The Union)
"the federal executive shall be authorized to call
forth the powers of the coniederated States or so
much thereof, shall be necessary to enforce or
compel the obedience to such acts or observance
of such treaties" Gen. Hamilton's next succeed
ed, which provided, that "ali laws of the particular
States contrary to the Constitution or laws of the
United States TO be utterly void and the better 10
prevent such laws being passed, the Governor or
PRESIDENT OF each State shall be appointed by the
General Government; and shall have negative
on the laws about to be passed, in the State of
which he is Governor, or President"
AT subsequent period, proposition mo-
we'd and referred to a committee, TO provide that
the jurisdiction of the Supreme Court shall ex-
tend to all controversies between the United
States, and any individual Statc;" and, at still
later period it was moved to grant power to ne
gativc all laws passed by the several States inter
tering in the opinion of the Legislatures with the
general harmony and interest OF the Union, pro-
vided, that two thirds of the members, of each
house assent to the samc;" which after inefcct-
| ual attempt to commit was withdrawn.
do not deem it necessary to trace through the
journals of the Convention the fate of these various
| propositions. 1t is sufficient, that they were mo-
we'd, and failed to prove conclusvely, i'm manner
| never to be obliterated that the Convention which
| framed the Constitution, opposed to granting
| the power to the General Government i'm any form
through any of its Departments, legislative, exc
cutIve or judicial, to control State
though proposed in all conceivable modes, and
sustained by the most talented and influential
members of the body. This, one would sup
pose, ought TO settle forever the question
OF the surrender, transfer of the power
under consideration; and such i'll fact would be
the case, were the opinion of large portion of
the community not biassed, in fact it is, by in
tcrest. majority have direct interest in n
larging the power of the Government, and the in
tcrestcd adhere to power with pertnacity which
bids defiance to truth, though sustained by evil
dence as conclusive mathematical demonstra-
ton; and accordingly, the advocates Of the powers
OF the General Government, notwithstanding the
impregnable strength of the proof the contrary,
have boldly claimed on construction, power, the
grant OF which was perseveriDgly sought and
so sternly resisted by the Convention. They rest
the claim on the provisions in the Constitution,
which delare, 'that this Constitution and the laws
made in pursuance thereof, shall be the supreme
law OF the land and that, 'the judicial power shall
extend to all cases in law and equity arising under
this Constitution, the laws of the United States,
aud treaties made, or which shall be made under
their authority"
do not propose TO go into minute examina-
ton of these provisions. They have been so fire.
qusntly and so ably investigated, and it has been
clearly shown that they do not warrant the as
sumption the power claimed for the Government,
that do not deem 1t necessary. [ shall therefore
confne myself to few detached remarks.
have already stated, that distinct proposition
made to confer the very power in controversy
the Supreme Court, which failed; which, OF
itself ought to override the assumption OF the pow
or by construction, unless sustained by the most
conclusive arguments; but when it is added, that
this proposition moved goth August) subse-
quent TO the period of adopting the provisions,
above cited, vesting the court with its present