The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1840-12-18
VOL. |. NO. 80.


nary Conventions between different nations W here,
by the strict rule of Interpretation, breach of
part may be deemed a condition of every other part,
and of the whole, it is always laid down that the
breach must be both willul and material TO Justify
an application of the rule. But in the case Of an
intimate and constitutional union, like that of the
United States, it is evident that the nterposition of
the pares in their sovereign capacity, can be call
ed for by occasions only, deeply and essentially
affecting the vital principles of their political sys-
TEN.
The resolution has accordingly guarded against
any Misrepresentation of its object, by expressyre-
quring for such an interposi,ion, ''the case of
deliberate, Prlp9tic aud dangerous breach of the
Constitution, by the exercise of poSrerS moi grant
ell by it," 1t must be case, not of light and
transient nature, but of a nature daaccrspS 10 the
great purposes for which the Constitution was cs-
ablished 1t must be a case, moreover, not OBJ
scure or doubtful in its construction, but plain and
palp0ble. lastly, it must be case not resulting
from partial consideration, or hasty determine
lion; but case stampt with final consideration
and deliberate adherence. 1t is not necessary, be-
cause the resolution does not require that the
question should be discussed, how far the exercise
ofany particular power, ungranied by the Const-
tuition, would justify the incrposlon of the parties
to it, As cases mig ht easily be stated, which none
would contend ought to fall within that descriplon
cases, on the other hand, might, with equal ease,
be stated, fragrant and so fatal, as to unite eve
~ opinion in placing them within the description.
But the resolution has done more than guard
against misconsiruction, by expressly referring 10
cases of deliberate, paIpaLle and dangerous ma
ture. 1t specifies the object of the intcrposi,ion
which it contcmpatcs, TO he solely that of arrest
ing the progress of the eril of usurpaion, and of
maintaining the authorities, rights and liberties ap-
pertaining to the States, parties to the ConstitG-
ton.
From this view of the resolution, it would seem
nconceivabc that it can incur any just disapproba-
ton from those, who laying aside all momcnary
impressions, and recolecling the genuine source
and object of the Federal Constitution, shall can
didIy and accurately interpret the meaning Of the
General Assembly. II The deliberate exercise of
dangerous powers, palpably withheld by the Con-
suon, could not justify the parties to it, in IN
terposing even so far as to arrest the progress of
the evil, and thereby to preserve the Constitution
ITSELF us well as 10 provide for the safety Of the
parties to it, there would be an end TO all relief
from usurped power, and adirect sub'ers of the
rights specified or recognized under all the State
Constitutions as well as plain denial Of the fun
damcnta principle on which our independence it.
self was declared.
But it is objected, that the Judicial authority is
to be regarded as the sole exposition of the Consii
tuition, in the last resort; and it may be asked for
what reason the declaration by the General AS
senbly, supposng it to be theoretically true could
be required at the present day and in SO solemn
manner.
On this objection it might be observed, first:
that there may be instances ofusurpcd power, (which
the forms of the Constitution would never draw
within the control of the Judicial department: sec
oadlp, that if the decision of the judiciary be rails
ed above the authority of the sovereign parties 10
the Constitution The decisions Of the other dcPart-
meais, not corrieiby Me. forms The Constitution
before he Juiiciory, must be equally autholita-
tive and final with the decisions of that department.
But the proper answer to the objection is, that the
revolution of the Genera! Assembly relates to those
great and extraordinary cases, in which all tho
forms of the Constitution may prove Intellectual
against infracons dangerous to The essential rights
of the parties TO it. The resolution supposcs that
dnnrcrou. powers, not delegated, may not only be
usurped and executed by the other departments,
but that the Judicial department also may exercise
or sanction dangerous powers beyond tn grant OF
the Constitutions; and consequently, that the Glli-
mate right of the parties to the Constitution, to
Judge whether the compact has been dangerously
violated must cxted 10 violations by one delegated
authority, us well as by another; by the Iudlcmry,
rs well rs nv the Executive, or the Legislature
However true, therefore, II may he That HE Ju-
dicial department, is, in all questions submitted to
il b, the forms ofihc CONSTITUTIONS To decide in the
last resort this resort must necessarily he deemed
the last in relation 10 the authorities ol u" other
departments Of the Government; not in relation 10
the rights of the parties to the Constitutional COM
pact, from uhick The Juiicial as p,l as the other
deparimenis hoid their delegated trusts. On any
other hypothesis, the delegation Of Judicial power
would annul the authority dcegaing it; aud the
concurrence of this department with the others in
yonG the possible reach of any rshliul remedy, the
very Consultation, which all were Instituted topfc-
serve.
The truth declared in the resolution being estab-
shcd, the expediency of making the declaration at
the present day. may safely be leil 10 thc 'eihpei-
ate consideration and candid judgment the Amer
lean ruLlic. I, will be remembered, that fie-
qnent recurrence TO fundamental principles, Is SOL
cnnlv cnioincd by most Of the State 'ons'i'u'ions'
n.
cnard against the danger of dcgeneracy 10 Wh'fh
rnnnh,irs are liable. a. well as other Governments.
,houph in less degree than others. And a fair
comparison of the political doctrines moi unIrcqrert
At The present day, with those which characterized
the epoch of oar Revolution. and whirh form The
basis of our Republican Constitutions will beside
,crminc whether the declaratory recurrence hero
made 10 those principles, ought TO be viewed as
unreasonable and improper, or az vislIant DIS
CHARGE of an important duty. The authority of
Constitutions over Governments, and Of the SOW
creirny of the people over Constitutions, are truths