The Northern star, and farmers' and mechanics' advocate. [volume] (Warren, R.I.) 1830-1834, 1833-01-05

NaI supeI1SI " teo uusuo'"y ~ ~ w.
ties, the parties themselves must be the
rightful Judge in the last resort, wheiher
tho bargain made, has been pursued o.
violated The Constitution, continues
Mr.. Madisou, wos formed by the section
ofthe Staies, giren BY ieoeh in it's sover-
eipn capacity: the States then being par
ties 10 the constitutional compact, and IN
their sovereign capacity, it follows OF nee
cssity. that there can be no tribunal above
their authority, to decide in the lost resort,
whether the compact made by them be
violated; and, consequently, that as the
vartics TO it, they must themselves decide
IN the last resort, such questions as may
he of sufficient magnitude to require ther
intcrpostion
II this right does not exist in the sev-
eral States, then it is clear that the c's-
erection oil Congress, and not the Consli-
1ution. would be the measure ofthcir pow
ers. and this, says MIR. Jefferson, would
amount to the a" scizing the rights OF the
States and consolidating them in the hands
ofthe General Government, with power
assumed TO bind the States not only IN
cnses made federal but in all cases what
soever: which would be to surrender the
form Of Government we have chosen, to
live under one deriving its power from its
own viii"
We hold il to be impossible to resist
the argument, that the several States "a
sovereign parties to the compact, must
possess the power, in cases Of gross,
deliberate and palpabie violation OF the
constitution, to judge each for 'tsey, as
well ofthe infraction as the mode and
sneusurc of redress" ns ours is CoNsoL-
spArEp GovERxMENr I" without Limitation
of powers,s 30 submission to which MIR.
Jefferson has solemnly pronounced to be
n greater evil than disunion ITSELF II to
borrow the language Of Nladison's report,
- the deliberate exercise Of dangerous
powers palpabiy withheld by the Consti-
tuition, could not justify the parties to It,
IN inierPosing even 30 far as to arrest he
progress Of the eviI, and thereby to PRE-
SERVE THE Constitution aTsELF, us we'll
AS to provide for the safety Of the parties
10 il, there would DO an end to all relief
from usuyped power, md direct subver-
sion 10 the rights specified or recognised
under all the State Constitutions, as well
ms plain denial of the fundamental prin-
cple on which our independence itself
was declared"
The only plausible objection that can
he urged against the right, so indispensa-
bic to the safety Of the States, is that j.
mny be abused. But this danger is be-
lieved to he altogether imaginary. So
long as our Union 10 felt as a blessing
and this will be just SO lorg as the federal
government shall confne its operation
within the acknowledged limits of the]
Charter-there will be no tem2tatioa for
any State to interfere with the harmon
ious operation Of the system. There will
exist the strongest motives to ind1ce for
.bearancc, and none to prompt to aggress-
ion on either side, so soon as it shall come
10 be universally felt and acknowledged
that the States do not stand to the Union
in the relation of degraded and dependant1
colonies, but that our bond Of union is
formed by mutual synpathies and com
mon interests. The true answer to this
objection has been given by MIR. Madison
when he says
"It does not follow, however, that be-
cause the States, as sovereign parties to
the constitutional compact, must ultimate
iv decide whether it has been violated,
that such decision ought to be interpos-
cd, either ia hasty manner, or undoubt-
-ful and Inferior occasions. Even in the
case of ordinary conventions between diff
ferent nations, It ia always laid down that
tho breach must be both willing and ma
ferial to justify an application OF the rule.
But in the case Of an intimate and consti-
iutional union like that Of the United
States, it is evident that the interposition
of parties, ia their sovereign capacity,
can be called for by occasions only deep
]y affecting the vital principles OF their po-
ltical system"
Experience demonstrates that the dan
ger is not that state will resort to her
sovereign rights too frequently ol on light
md trivial occasions, but that she may
shrink from asserting them az often as
may be necessary.
Ii IS maintained by South Carolina that
according to the tue spirit Of the Consti-
tuition it becomes Congress in all emer-
gencies like tho present, either TO remove
the evil by Legislation, or to solicit Of the
States the coll Of Conve ention; and that
on failure to obtain by the consent o
three fourths Of all the States an amend
IL