Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-03-13

Meut willie iFUul uotutC VI Ho5sS Wv ." '~'~.
OF the powers and against the limitations imposed
BY the Constitution, and will resort to every de-
vice that can be imagined to remove those res
traints. On the contrary, the opposite interest;
that which he had designated as the stockhold-
ers interests; the tax payers; those on whom the
system operates, will resist the abuse OF powers,
and contest for the limitation. And 1t Is on
that point, then, that the contest between the
delegated and the reserved powers will be waged;
but in this contest, as interests 10 possession Of
the Government are organized and armed by all
its powers and patronage, the opposite interests,
If not in like manner organized and possessed
of power to protect themselves under the pro-
visions Of the Constitution, will be as inevitably
crushed as would be band of unorganized mill
tia, when opposed by veteran and trained corps
of regulars Let it never be forgotten, that pow
er can only be opposed by power. organization
by organization; and on this theory stands our
beautiful federal system Of government. No
free system was ever farther removed from the
pr inciple that the absolute majority, without
check or limitation, ought to govern. 10 IN.
derstand what our government is, we must look
to the Constitution, which is the basis OF the sys
TEN. He did not intend to enter into any mi
mute examination of the origin aud the source OF
its powers; it was sufficient for his purpose to
state, what he did fearessly. that it derived its
power from the pc ople Of the separate States,
each ratifying by ITSELF each binding itself by its
own sep arate majority, through It's separate con.
vention, and the concurrence Of the maJorItles OF
the several States forming the constitution; thus
taking the Of the whole by that Of the seve-
raj parts, representing the various interests OF
the entire community.
1t was this concurrng and perfect majority
which formed the Constitution, and not that ma
jo-ity which would consider the American PEG.
pie as single community, and which. instead Of
representing fairly and fully the interests Of the
whole, would but represent, as has been stated,
the interest Of the strongest section. No candid
man can dispute that he had given correct de.
scripon of the constitution making power, that
power which created and organized the Govern.
ment; which delegated to it, as a common agent,
certain powers, in trust for the common good Of
all the States, and which had impused strict imi-
tation and checks against abuses and usurpations.
In administering the delegated pow ers, the Con-
sttu,ion provides very properly, in order to give
promptltude and efficiency, that the Government
should be organized upon the principle Of the alb.
soIute majority, or rather of two absolute MAORI
ties combined: majority Of the States consider
ed as bndes polite, which prevails in this body,
and majority Of the People Of the States, es.i-
mated in federal numbers, in tie other House Of
Congress. A combination Of the two prevails in
the choice of the President; and, of course, in
the appointment Of judges, they being nominated
BY the President and confirmed by the Senate
1t is thus that the concurring and the absolute
majorities are combined in one complex system;
the one in forming the Constitution, and the other
in making and executing the laws; thus beauti-
fully blending the moderation, justice, and equi.
ty OF the former and more perfect majority, with
the promptness and energy of the latter, but less
perfect.
To maintain the ascendancy of the Consitu.
ton over the law making majority, is the great
and essential point on which the success Of the
system must depend; unless that ascendancy
can be preserved, the necessary consequence
must be, that the laws will supersede the Consti-
tuition, and, finally, the will Of the Executive, by
the influence OF its patronage, will supersede the
laws, indications of which are already perceph
Bile. This ascendancy can only be preserved
through the action of the States as organized DO.
dies, having their own separate Governments.
and possessed of the right, under the structure of
our system, Of judging of the extent OF their Sc
parate powers, and of Interposing their authority
to arrest the enactments of the General Govern.
nent within their respective limits tie would
not enter at this time, into the discussion OF this
important point; as it had been ably and fully
presented by the Senator from Kentucky Mr..
Bib and others who had preceded him in this
debate, on the same side; whose arguments not
only renamed unanswered, but were unanswer-
able. 1t was only BY this power Of interposit'on
that the reserved rights of the States could be
peacefully and efficiently protected against the
encroachments Of the General Government, that
the limitations imposed upon its authority could
be enforced, and its movements confined to the
orbit allotted to 1t by the Constitution.
1t had. indeed, been said in debate. that this
could be effected by the organization Of the &C.
neral Government itself, particularly by the &C.
ton of this body. which represented the States,
and that the States, themselves must look to the
General Government for the preservation of ma.
nv of the most important of their reserved rights.
He did not said Mr.. C., unjer'ate the value
to be attached to the organic arrangement OF the
General Government, and the wise distribution
Of its powers between the several departments,
and in narticular the structure and the import.