The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1840-12-18

tho pup'iD h"IP'"oSS 'hc'oo" "'P'"""S'
The third resolution is in the words following
"That this Assembly doth explicitly and pereni-
orily declare, that it views the powers of the Fed
eral Government, as resulting from the compact,
to which the States are parties, as limited by the
plain sense and intention Of the instrument consli-
iuing that compact ; and that in case of dcllber-
ate, palpabc and dangerous exercise of other pow
ers, not granted by the said compact, the States
who are parties thereto, have the right and are in
duty bound, to nterpose for arresing the progress
of the evil, and for maintaining within their rcspec
tive limits the authorities, ghts and liberties ap-
pertaining to them
On this resolution, the Committee have bestow-
ed all the attention which its Importance merits :
They have scanned it not merely with strict, but
with eye and they feel confidence in pro-
nouncng that, in its just and fair construction, it is
unqucs,ionably true in its several positions, as well
as constitutional and conclusive in its references.
The resolution declares, first, that sit views the
powers of the Federal Government, as resulting
from the compact to which the States are partics;"
in other words, that the Federal powers are dcrlv-
ed from the Constitution, and that the Constitution
is compact to which the States are parties.
Clear as the position must seem, that the Federal
powers are derived from the Constitution, and from
that alone, the Committee are not unappriscd OF
late doctrine which opens another source of FEEDER
al powers, not less extensive and important, than
it is new and unexpected. The examination of
this doctrine will be most CONVENIENTLY connected
with review Of succeeding resolution. The
committee satisfy themselves here with chiefly re-
marking, that in all the contemporary discussions
and comments which the Constitution underwent,
It was constantly justified and recommended, on
the ground, that the powers not given to the Gov
eminent, were withheld from it and that, if any
doubt could have existed on this subject, under the
original text of the Constitution, it is removed as
far as words could remove it, by the 18th amend
mcnt, now part of the Constitution, which en-
pressly declares, ''that tho powers not delegated TO
the L. S., by the Constitution, nor prohibited by
il to the States, are reserved to the States respect
lively, or to the people,
The other position involved in this branch of the
resolution namely, "that the States are parties to
the Constitution or compact" is, in the judgment
of the Committee, equally free from objection 1t
is indeed true, that the term "States," is some
times used in vague sense and sometimes in DIFF
ercn, senses, according to the subject to which it
is applied. Thus, it sometimes means the scpa-
tate sections Of territory occupied by the political
societies within each, sometimes the particular
Governments, established by those societies; some
times those societies as organized into those par
icular Governments and, lastly, it means the
people composing those political societies, in the
highest sovereign capacity. Although it might be
wished that the perfection of language admitted
less diversity in the Specification of the same words,
vet, little nconvcncy is produced by il, where the
true sense can be collected with certainty from the
different application. In the present instance,
whatever different constructions of the term States
in the resolution, may have been entertained, all
will at least concur in that last Neutrality-suspicious.
cause in that sense, the constitution was submitted
to the S,aes:" in tha, sense, the - States" ral-
fed it: and, in that sense of the term estates, -"
they are consequently parties TO the compact, from
which the powers of the Federal Government re-
suit.
The next position is, tina, the General Assembly
views the powers of the Federal Government, ''as
limited by the plain sense and intention of the III
slrumen, constituting that compact" and Gas no
farther valid than they are authorised by the grants
4 2, J,n ,,,t In
that any Just objection can lie against either of these
clauses. The first amounts merely to declaration,
that the compact ought TO have the Interpretation
plainly intended by the parties 10 it, the other 10
declarations that it ought to have the execution and
effect intended by them. IL the powers granted,
be valid it is solely because they are granted; and,
if the granted powers are valid, because granted,
all other powers not granted, must not be valid.
The resolution having taken this view of the
Federal compact, proceeds TO infer, "tlat III case
Of deliberate, papablc and dangerous exercise oil
other powers not granted by the said compact, the
States who are parties thereto, have the right and
are in duty bound 10 inierPosc for arrcsns the pro-
press of the evil and for maintaining within their
respective limits the authorities, rights and libcr-
ties appertanng to them
1t appears to your committee to be plain pm
chile, founded in common sense, Illustrated by
common practice, and essential to the nature OF
compacts, that, where resort can be had to no tri-
buna, superior to the authority Of the parties, the
parties themselves mus, be the rightiul judges Ia
the last resort, whether the bargain made has been
pursued or violated The Constitution OF the l..
s. was formed by the sanction Of the States, given
by each in lis sovereign cnparity. II adds to the
stability and dignity, as well az 10 the authority Of
the Constitution, that it rests this legitimate and
solid foundation The States then, being the par
tics 10 the constitutional compact and in their SOW
ereirn capacity, it follows Of necessity that there
can be no tribunal above their authority, to decide
in the last resort whether the compact made by
them be Violated and. consequently, that, rs TIE
parties to it, they must themselves decide IN the
las, resort, such questions as may be oil sui''c'c"'
magnitude 10 require their inierPos'on'
that because the