Columbus Democrat., 1839-11-30

yenloDCe produced 5y L where the trne sense can
be collected with certainty from he different appi-
cations. m the Presea, instance, whatever tHcr.
ent constructions Of the term States IN the reSo-
/ luton, may have been entertained a vii 81 easl
concur IN that aSt mentioned because in that sense
| the Constitution was submitted TO the States IN
! that sense the States" ratified it. aud in ,ha,
sense Of the term States they are, Consequently
/ parties 10 the compact from which the powers oi
/ the Federal Government result.
/ The next position IS, that the General Assembly
\ views lhe powers of the Federal Government "as
/ limited by the plain sense aud intention OF the IN
1 Strument constituting uai compact" and as no
farther valid than they are authorized by tie grants
1 therein enumerated ldoes not seem poss,be that
/ any Just objection can lie against either Of these
clauses. The FIRST amounts merely 70 a declaration
that the COMPACT ought 10 have the Interpretation
plainly intended Ly tie parties 10 ii; the other 10
declaration that il ough; TO have the execution and
effect intended hy them. II Il5 powers granted be
valid, it is solely because they are granted aaI I
Tie granted powers are valid, bCSause granted, al
other powers not granted must be not valid.
The resolution having taken thls view Of the
Federal compact proceeds 70 infer, that, IA case
Of a deliberate, plpabc and dangerous exercise of
other p0weIs, not granted by the sad compoct, the
States, who are parties thereto, have the night and
are IN duty bound TO iuerposy for arresag the pro-
gres, OF the evil, and for maintaining within their
respective limits, the authorities, nights and liberties
appertainlng 10 them
Ii appears to your committee 10 be plain prjnc-
pie, founded in common sense, illustrated by com
mon practice and essential 10 the nature OF COM
plcts- that, where reSo, can be had to no tribunal
superior 10 the authnrty OF the parlies the parties
themselves mus, be the rghtu Judges in the last
resort, whether the bargain DE has been pursued
or violated. The Constitution ot the United States
was formed by the sanction Of the States, gwen by
each in MS sovereign capacity. 1t adds 10 the STA
hilty and dignity, as well aS to the authority Of the
Constitution, that It rests on this legitimate and solid
foundation. The States, then being the parties TO
the constitutional compact, and IN their sovereign
capacity il follows of necessity, that there can be
no tribunal above tter authority, 10 decide ia the
last resort, whether The compact made BY them be
violated and, consequently, that, the parties "a
IT, they must themselves decide 10 the last resort
such questions as may be of sufficient magnitude to
require their lnterpost0n.
Ii does not follow, however, that because the
States, as sovereign parties to their constitutional
compact, must ultimately decide whether il has
been violated, that such decision ought TO be m
terposed, either in hasiy manner, OF on doubtful
and inferior occasions. Even IN the case Of or
dnary conventions between different nations,
where, by the strict rule of Interpretation, breach
Of part may be deemed breach olahe whole;
every part beng deemed condition Of every
other part, and Of the whoc-u is always laid
down that the breach must be both wiJ and ra-
teriul to justify an application Of Tie rule. But
10 the case OF an intimate and constitutional
Union, Ike that oi the United States, It is eu.
dent that hr intGrposlton Of the parties, in thelr
sovereign capacity, can be called tot by ucca-
SONS only deeply and essentially affecting the
vital principles OF their polnlcai 5, stem.
The resolution has, accordingly, guarded
against any mtsapptchenson OF lis object, by
expressly requiring for such an inerposltlou,
"the case Of deliberate, paipabo and dangerous
breach o' the Constitution, by the exercise Of
powers not granted by IT," II must be case
not Of a lght and transient nature, but OF a ia.
ture dangerous to the great purposes for which
the Constitution was established. Ii must be
case, moreover, not obscure or doubtful in It's
construction, but plain and popable. LastIy, II
must be case no, esuluug from partial conslde.
ration or hasty determination; but a case stamp.
ed with final consideration aud deliberate adbe
renee, tits not necessary, because the tesoIu.
ton does not require that the question should be
discussed, how lar the exercise Of any particular
power ungIaned by the Constitution, would JUS
tIly the lulerposton OF the parties 10 IT, As cases
might easily be stated which none would contend
ought to IaIl within that description; cases, on
the other hand, might, with equal ease, be stated,
so fragrant and 50 fatal as TO unite every opinion
IN placing them within the description.
But the resolution has done more than guard
against mlsconstructIon, by expressly referring to
cases Of deliberate, palpable, and dangerous
nature. Ii specifies the object Of the Inlerposi-
ton which It coniemplates, 10 be solely that Of
arresllng the progress Of the evil OF usuIpallon,
and Of maintaining the authorities, nights, and hb.
elues appetanIng 10 The States, as parties 10 the
Constitution.
From this view Of the resolution, il would
seem inccncelyable that 1t can incur any just dis
appreciation from those who, laying aside all mo-
mentary impressions, and recolieclug the genuine
source aud object Of the Federal Constitution.
shall candidy aud accurately interpret the mean
ng Of The General Assembly. Il the deliberate
exercise OF dangerous powers, palpably withheld
by the Constitution, could not justify tie parties
to 1t, IN nefposng even SO lal as 10 arrest the
progress Of the evil, aud thereby 10 preserve the
Constitution istIi, as we'll as to provide Tor the
safety oi lae parties TO 1t, there would be an cud
to all reitei from usurped power, and direct
subyersion OF the rights specified or recognised
under all the State Constitutions, well as u
PLAIN denial Of the fundamental principle OH when
our Independence Itsell vas declared.
But /! is objected that the Judicial authority is
to be regarded as the sole exposcr Of the Con-
stitUtIon IN the last resort and II may be asked
FOR what reason the declaration by the General
Assembly, suPposing it 10 be Theoretically true,
could be required at the present day and IN so
solemn manner.
On this objection, ii might be observed, first,
that there may be instances of usurped power
which the forms of the Constitution would never
draw within the control Of the Judicial department:
s...lL.l th-i .r The lecisinn Of The .IndLclaIY be