Southern planter., 1832-11-17

!. - "''uir =" legislative enactment b. ~. O,,nt
f1 Vohe0iing authority Of The States in their b,,h o,
g gny ~ whatever light IL may De- viewed ijo,d I,
p necessarily resulting that ln tio case IN bo,, ~
aNe s,'N''h pem' ue eovefhneut, the agent ha.
- nght To enforce ~ construction against a esus,,,
lon OF the state Of the sovereign n,,,ic VI ~,
sonsutuNon any more han the State Govrfnment would
nav. Hsanst ihe people Of c Slate Ia their vereirn ra
lP''y' tho relation be ug the between them ma,
such should be the between agent and nine,ps, m
w ordinary transactions q life, one viii doubt nor
y, poss be to assign reason, why Il DOT as Ap-
poapc To the case OF government that of ndivdn,
Inc principle, in fgt spflnrs from the relation ittf .nd
I" applicable 70 ai ~ forms and characters ID NAV how
ye proper 70 nonco distinction between the case Of
single principal an his agent. and that Of several min.
'pas ma their Jont agent which mght otherwise cause
scHe confusion lnboth casrs A. between ,e ,,,s, .t
'pa 'he construction OF the principal, whether he
ne single principal Of severa i equally conc,i
sfei hui AZ The latter both the pnncipai and bc a.
sa usar slauon 20 che Other principals, which be
inie .ne estimate h order to understand fully 40 the
results which may grow out OF to contest Tor power be-
tween them Though the construction of he tfinrn,i h,
against the JOINT agent, between them such
~ 10. ue case between him and his associates They
pom hlve On equal right Of construction and Il would he
me duty Of the agent 70 bring h subject before the prin
epM 70 be Adjusted according 90 the terms OF the nstr
ment Of association; and Of the principal to submit I,
such adjustment w such the contract itscri he
hN winch must determine The relative lights and pwefs
OF the parties 10 a. The General A ease az
JOINT sFfney-e Joint agent o. che twenty -four sovet
ego AtAics u would be iis duty. according 10 the min
cpes established ia such cases instead of attempting \,
enforce s constrcon Of OF IT, powcr against that o tbn
S'ae 70 bring the subject before the States Themselves
in the only iom which, arcofdng the provisions of tbe
Constitution Il can be. hy proposition 10 amrnd M ihe
manner prescribed ia the inslumcut 10 be- acted ou h
them IN ih only mode they fightuily pursue by az
Pessy granting o. Withholding. tic contested power -
Againstihsaconcuson ere be- raised but one nher.
uon, that The States have surrendered or Transferred m,
,lght % question 4 such be the fact tetc ought TO be
no dhhcul'y W csiahlishngit
The grant Of the powers delegated is contained in A
written instruments drawn up with great care and ado.
% eu W. WIZ, ue utmost dslbeiaon Ilpfoyide' tina, the
powers not gianted are reserved 10 the States and the
people nit be surrendered transferred let then the
giant be shown, and the controversy tcrninated and sure
Y ought be shown, plainly and clearly shown before
the States are asked to admit what IL true oud moi o,
divest them Of right, which, under al IL. forms belongs
to the principal his agent unless siendsfcd but
which cannot be suuendecd without in effect und for All
wacucii purposes, fevce ug ,c relation between tem
nuing meagent IN The place Of the princina and the
principal IN that OF the age q snd which would degrade
the States, from the high and sovereign condition which
ey have ever held, under every lom Of their existence
10 be mere subordin e and dependent corporations But
instead OF showing any such grant prov ION can be-
ound IN the Constitution autho izing the General Gov
enment 70 exercise any control whatever ovnr State hy
eIee by vei' by Judicial pneesa othor iaslnA
most important omi,s intended and not and
as viii be shown IN he course OF these remarks, omitted
by the dictates Of The proioundcst wisdom.
The rfUnni aud pfuceedings OF lhr Convention
which inrmed the Connstiiuiion afford abundant
proof thai there WIS IN tha body powerful pifi,.
stiuguishcd g. tacnis aud ufuence intent on ub.
unng for the Gehetal Government grait Of the
very power inquestiou, and that they attempted to
Affect ths object IN oil possible ways, bur, lotu.
nately, withoul success. The frsl PROJECT Of o
ConslIlu ion, submit ed 10 the Contention, (Guv.
ernor Rundoph'-) embraced proposition To grant
power go negative all laws contrary, IN the opin.
Ion of The National Legislature, 10 the Arncles OF
The Union, or any treaty subsisting under lhe au.
thoriy Of the Union; and to calf forth The force
nf the Union against any member of tho Unnn
l t'llng tn fulfil s duty under the Articles thereof
The GcNt Project submitted, (ChaTos Pmckney's)
/ cOnialned similar provision. II proposed "thn
he Legislature Of the United States should hay,
the power 10 revise the laws Of the several Shlos
that may bo supposed to niiiAge The powers oX
c,usiyey delegated, by this Constitution, 10 Con
gess, and 10 negative aud anuul, isuch as do. =
The next was submitted by MI Patterson, o
New Jersey, which provided, ''lf any State or bo
dy Of men m any s'ate, shall oppose or prevent
The carrying into execution such acts, oI treaties,
(of the Union) 'lhe Federal Executive shall b,
authorized 10 call forth the powers Of the Conied
Grated Siaios, OF so much thereof as shall be ne
cessary to enforce OF compel obedience To sucl
acts, or observance Of such uealies" Gen liam
ilton's followed next, which provided that "al
laws Of the Particular States, contrary the Con
siiiution or Laws ui the United States, TO be at
n ery void and, the better 10 prevent such law
4 being passed, the Governor OF President Of oacl
Stat shall be appointed by lhe General Govern
mcni, and shall have a negative on the laws abou
u to be passed m the State Of which he Is Governor
OF President
( Az a subsequent period, proposition was NOV
. ed, aud relefted 10 a Committee, To provide tha
: "the jurisdiction Of the Supreme Court shall ex
/ tend To all controversies between the United Stale
and any individual State" Aud, at a still late
n period, il was moved, to grant power ''lo negaiiv
: an laws, passed by the several States, interfering
4 in the opinion Of The Legislature, with the genera
= hamony and interest Of the Union, provided thi
It two.ihirds Of the members of each House assen
:, To the samcn which. after an Intellectual uttemp
n To commit. was Withdrawn
,- lido not deem it necessary 20 trace, through th
> Journals of the Couyoniion the fate OF these va
q rious propositions 'nim thoy were moved, am
i failed, is sufficient prot conclusnely IN manno
re never 10 be ohliteraied that the Convention whic
as framed the Constitution was opposed 20 pranlin
= ihe mower 10 the General Government, ia AN, form
d through any Of its eparimeus--legslaiIyc exec
n nnve. or udiulnl--to euerce or control Sai'
re though proposed m all conceivable modes an
= SUSTAINED by the most talented and lniuenui
a members Of the body THIS, one would suppos'
&c ouahi To settle fever the question Of The surrcI
y der or munster of the power under consideration
4. and such, M fact. would bo the case, We're The
4 Mt liza IA