The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-03-09
Commute attoms.
FOR THE MApIsoNIAN
BANKING AND THE CURRENCY

BANKING AND THE CURRENCY
No. vi.
THE following was intended the definition Of
national sovereignty given in No. VA nation is
sovereign which acknowledges superior power Of
the same class, and which is under obligation TO
such power or powers, except by the law of nations
Remark: The sovereignty Of the United States OPP
crates on the domestic condition Of the country
through the constitutional organization of its own
state machinery
xsr The practical bearing Of national sovereignty
on National Bank requires some further remarks on
this subject
An Absurdity.
Some speak Of the Federal Government as if sove-
regnty did belong it, and if the States only
were sovereign. The nation, according to their doc
trine, is an automaton--a piece of mechanism with
out vitality 1t is bound to rules and has judg-
ment. The States the contrary are free only how
ever the extent Of the 10th article Of amendments.
In this way the nation is strpt of all sovereignty, and
the States have only what is derived from the article
above named This is the naked doctrine. They
say, the Federal Government can powers not
delegated by the Constitution, which is not only
plausible but true. There is and can be issue on
this point because it is identical proposition-a
truism. The question is-what those powers :
There is not American in the land who would not
rebel against the doctrine that all nations have
reignty, but the United States. II is absurd Ma
tona sovereignty is the soul Of American patriotism,
in which reside the moral energies Of the Republic and
its pride
The Federal Constitution distribution Of posers,
Such is doubtless the fact, and consideration Off
may assist in disengageing some minds from the OBJ
scurity thrown over them by the phrase delegated
powers" The chief object Of the Federal Consu-
ton 10 drap the line between the Federal and
State authorities, in other words, to make dstribu
ton Of powers. II was not to denatonaze nation
and to dlsclaim powers, which not only the right
Of every nation but essential to it, No one Of the
States nation, all of them together, except in
their Federal organization All the Federal powers
are in themselves properly national supreme,
reign, not subordinate.
Limitation Of National Sovereignty
First, in foreign relations 1t cannot do what the
law of nations orbids, but holds precisely the
relation to this code which the States of this Union
do to the Federal Constitution.
Next, is restricted by domestic regulations which,
in case, embodied in constitutional law.
This is the organic medium fer the action Of national
sovereignty and the rule by which it bound to shape
itself So far as national sovereignty, with us,
sides in the Statesand no small share Of it is there
before noticed--it is regulated by the State and
Federal Constitutions combined In the manner
the sovereignty Of the Union cannot invade the con-
stitutional rights of the States. It takes the sosc
regnty Of our Federal and State authorities combined
to make the whole Of our national sovereignty, as
neither party has entire. The States have many Of
its essential powers which the Federal authorities
not usurp
An illustration Qfthe rights Of National Sovereignty
Man, individually is under two codes, human and
divine So far he does violate either of these,
he may act his own discretion In the same manner
nation is under its own domestic code Of fundamen-
tai law and the international code So long does
Violate these, it may follow out the dictates OF ITS
own sovereignty Laws are rules of action, not OBJ
jects of pursuit The discretion of man and the
sovereignty of nation select their respective objects.
The authority Of National Sovereignty identical
arM thai Of The Federal Constitution.
1t is So because it is the source, soul, basis, and
shield of the Constitution itself The Constitution is
a mere expression Of national sovereignty, deriving
all its authority from that II is promuged
rule for the Government and it's agents to work by.
Suppose that the agents of the Constitution, that
is the Government of the country obedience to the
demands of the popular will or in coincidence with
its manifestations should by miscons,ruction, mis-
interpretation transcend in their action the prescribed
bounds Of the Constitution they are, in such case
supported by the authority which gave being to
the Constitution, and which maintains it. The inten-
ton of the Constitution is not violated, inasmuch as
national sovereignty, operating through Constiiu-
iional medium and by Constitutional organs salts
fed There has indeed been innocent mistake.
The will of the nation, however, could not have been
better accomplished in the most correct way; and if
the error should never be made apparent, the evil
would be very difficult to be specified The only
thority entitled to demonstrate is responsible for the
act There is no want of harmony between the
agents andt his authority disorder and no bad effect
The ends Of the Constitution, in such case
complishcd.
The absurdiiy Of the doctrine Of Non construction
Those who deny the right Of the Federal auth ri
ties TO use what called implied powers Of the Con-
sttuon, to make any application of power not
particularly specified in that instrument, have been
called non -eonstrucfionists II must be obvious to
every man, at first sight, that such brief manifest
of general principles the fundamental law of
tion could not specify one of thousand Of the dfe
rent applications Of power that would become neces
sary in the progress of its history, in very
short term We say, therefore, that such doctrine
is absurd,
lat, Because non consructionist cannot maintain
his argument without taking up the position Of
structicnst and the difference is one of opinion be-