Columbus Democrat., 1839-11-30

Vus powers oeN ono Nlt giant OF me onsututobs
and consequently, that the Ultimate right ol the
/ parties to the Constitution to Judge whether the
compact has been dangerously violated, must eS-
tend 10 violations by Que delegated authority, as
well as by another by the Judiciary, as well as
/ by the Executive or the Legislature
/ However true, therefore, It NAV be- that he Judi
cal department is ID all questions submitted to !,
/ hy the forms Of the Constitution, to decide IN the
last resort, lhlS resort mus, necessarily be deemed
/ the last in relation to the authorities of the other
/ departments Of the Governments not m relation TO
/ the nights OF the parties 10 the constitutional com
pact, from which the judicial as well as the other
departments hold their delegated trusts. On any
other hypothesis, the delegation Of judicial power
would annu the power deleganng d, aud the
concurrence Of this department with the Others IN
usurpcd powers might subver, forever, ard be-
/ youd the possible reach of any nghtiul remedy
the very Constitution which all were instituted to
preserve.
| The ln.th declared N tho resolution being es-
| tablshed, the eXpedeuey OF making the dcciara.
ton at The present day may safely be left to The
| temperate consideration and candid Judgment Of
l tie American public. twill be remembered that
frequent recurrence - fundamental principles IS
solemuly enjunod by most of the State Constr
tutons, and particularly by our own, as a neces.
Sary safeguard agalns, the danger Of drgoneracy
TO which republics are liable, a. well as other 60
vcrnments, though IN less degree than others
And fair comparison Of the political doctrines
not uniequent at the present day. with those
which characterized the epoch of our Revolution
and which form the basis of our Republican Con-
Iag1a
ratoy recurrence here made 10 those principles
ought 10 be viewed a. unreasonable and mpro.
per, OF as vlgilant discharge OF an important
duty. The authority Of Constitutions over Go-
yernmens, aud Of the sovereignty Of the People
over Constitutions nre uuihs which are at alt
times necessary to be kept in mud and at no
time, perhaps, more necessary than at present
The fourth resolution stands as follows:
"1hat the General Assembly doth also express
rs deep regret, that spUt has, IN suudy m
stances, been manifested by the Federal Govern,
ment, TO enlarge It's powers by forced construc
tons Of the constitution charter which defines
them; and that indications have appeared Of a
design to eNpound certain general phrases, (Which
having been copied from The very limited giant Of
powers in the former ARTICLES OF confederation.
were the less liable to be msconstrucd,) so as 10
destroy the meaning and effect Of the particular
enumeration which necessarily explains, and It.
nuts the general phrases and So as 10 cousoh-
date the States, by degrees, INTO one sovereignty
the obvious tendency aud inevitable result Of
which would be 70 transform the present Repub
lcau system Of the United States INTO an abso.
Lutte OF at best a mixed monarchy
The first question here 10 be consdcted is,
whether sprit has IN -OnJry instances been
manifested by the Federal Government to enlarge
its powers by forced constructions Of the constr
tutlonaI charter.
The General Assembly having declared their
opinion merely by regreltng IN general terms that
forced constructions for cnIHging the Federal
powers have taken place, II does not appear 10
the committee necessary TO go into spcclticd-
ton Of every instance to which the resolution may
alIude. The Alien and Scduon Acts Aelng par
ucularIy named IN a succeeding resolution, are OF
course to be understood AS included m the allu.
sion. Omtting others which have less occupied
public attention. or been less extensively regud-
cd as unconstitutional, the resolution may be pre-
sumed 10 refer particularly to the Bank Law,
which, from the circumstances Of MS passage, as
well as the latitude oil construction Oh which {, Is
founded, strikes the attention with singular force,
aud the carriage tax, distinguished also by cir.
cumstances III It's history having similar ten
denCy. Those instances alone, II resulting from
forced construction and calculated 10 eulargo the
powers OF the Federal Government, as the com
mItlee cannot but conceive 10 be the case, suilI
clenty warrant this part Of the resolution. The
committee have not thoughtlt incumbent on them
10 extend Their attention 10 laws which have been
obleclsd to, rather as varying tue constitutional
distribution Oi powers III tho Federal Govern
mout, than as an absolute enlargement Of them;
because Instances OF this sort, however important
Ia their prnciple and tendencies, do not appear
10 fall strictly within the text under view.
The other questions presenting themselves,
are
!. Whether indications have appeared Of de.
sign to expound certain general phIdses, COPIED
tiom the +" Articles OF Con,ederauou,' 80 as to
destroy tie effect OF the particular cuumerauon
explaining and limiting lhtn meaning.
2. Whether this exposition would by degrces
consolidate tie States inio one sovereignty.
3. Whether the tendency and result o Ibis con
s0ildaiOn would be to Transform the kepublIcau
system Of lhe United States iuto monarchy
! /. The general phrases here meant, must be
those Of providing ior the common defence aod
! general welfare"
IN the Articles Of Condensation the phrases
are used as follows, IN Ait VII "Ail cnarges
OF war, and all other expenses mat sBaII be incur
! red Tor the common defence and general welfare,
aud allowed by The United States ia Congress as
4 seuIbed, shall be betrayed out OF a common tea'
| sury, winch shall be supplied by the several
States IN proportion to the value oil all land with
IA each State, granted 10, Or surveyed ior any per
SOU, as such land and the buildings and improve
| meals thereon shalt be estimated, according to
such mode as the United States IN Congress
assembled shall, Iran time 10 tune, dnect aud sp-
point"
10 the existing Constitution they make the FOL.
| Ilu.,n., No., .nrtlnn & % Ill. .nnnfesa shall