Newspapers / Western Carolinian (Salisbury, N.C.) / Aug. 22, 1831, edition 1 / Page 1
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8ali:;;.i:i.y, iiowan county, n. c ....Monday, aim' r vj.ji. VOL. XII NO. AB5. ,ril..'.TU tf U Wl.r tntl.l !!( 1 "vs;''. UJ. . - - .. u I...M.J .1 kiWll4nl hllH " tlM I MR. CALHOUN'S VltlVrU THK r.JH.l.rv VjkiKuKU. Mr. fit NXtl. I must rejlrit vou to permit me to nc yoor 'aa-Jumna. as medium to make known my ten tiueoU on the deeply Important question, of Ihe relation, which the Siatei aud Lentral (;0r. iqinent tirtoracn ower, arm wiuca ta at "iMiim." e-ubject' f'M much sitatlonr i .It U onart tbl peculUHtiet urih station J (rc!ijiv, that wliil' it necettauly connect ita Tii 'umhrn'Twi 'be politics of iirj"dy, U af . - "... - ! .1. ... .. til nm no opponunuy funciaiiy 10 espress 1,. f ntimen'i, except accidentally on in equal !.ision of the body over which be presides. If- ii thus exposed, as I bive often esperleno c.l, to have bia opiniunt erroneo!tfy and vari jihJ reprttjnted. In ordinary cases, I con. reive, the correct course to I to remain iileu (raring to lime and circumstances, tbe corrto liijH of cnisrrprtwntationst but titer are occa- wiiil to vitally important, tint a regard botli to duly and character wou'd term to tor! J such a course 1 and audi, I concelr-!, tvi be the pres ent. The fcfjuei ! allowoni to my sentimenta, wilt not jicni t me to doubt, ttiat uc;i alio ia the pubic conception, and that It eUiict the M'N to know, in relation 10 me question rerer red to, tbe optiiiom of those, wbu bold Impor . . 1 . . 1 1 . . . . 1 . tanl Ollicul a' ion ij wuuaoa mj pan, oeair. in; to receive neitlirr unm rite J prie, por blame, I feeK ! trut, thoftlicitu-le,, wbic!i ere. ry hoiiett and Independent man aoiUt, that my entiitenfa thould b truly Vnown, wbelbcr j, they be tucb, at may be cilcuUted to recom mend them to public favor, or not. Enter'ain. !ng tbete imprenion 1 bare eoncUle 1, (hat It it my duty lo make knovn my entimenti am I baveadipled the mode, which on rtflrctinn aeemsd to be the rmt aimp'e, anl beat alcu'a . Ud to effect the objecj In tlew. ,. Tbe q'lettion of the relation, wLich tbe Statet and General Oovemment bear to each other, it not one of recent origin. Frnrn the com mencement of nuv ayem, it baa divided public intiment Kven In lb Cowmi'in. w'lile the Constitution wa' sf m jglinf ii.to exigence, there were two parties at to wha! tl'u relation should be, wh ite d'flVrent t?nilrwnte, conMi tttted nntnttH Hnwlimnnt ii fo-niir; thkt In rument. Afier th fneral pTernment went into operation, "experience t-wn rirored, that th qnefion bad not terminated with t It -5 taW of the ennven'iw. The reat t'rwTir, that preceded he paliti-al r-volution of IHt'l. which brought Mr. Je.T-ram into pow r. turned e ten'ialv on it 1 and the doetrinet and r;'nnenu n both aides wer enSo lierl and a!lv iin?in 'ls onthe one, in 'he Virginia and Kent'tckv rev olutioni, and the report to the Vir p'mia l.rU !a'tiw on the other. in the repliei of t'le 1 .trialatnre of Maelutritt and tome of the u!ev itatet. Thee rajtnt'iont tnd rhi report wWK 4h-decion vf-th Sunrmo- CiH f rennnWania abnit th tame time, (particularly i the of Ctibhett. delivered by Chief J 1 ie M'Kean anl concurred in by the whale bench.) contain, what I believe to be, the tn doctrine on thii imonrtant tuhieet. I ref-r to them, in order ft6 avoid tbe necety of pr antinr tnr newt, with the reaJti 10 rjjip jrt t&g'll.linlelail. . -, Aimr ohWt ittiMy to ttate mv opinions. 1 mijjht pausV "w'uh this rcferene io dorumen' that m fully and ablr state all of the point immediately connected with thit deeply unpor tant aifliicct. but ai there are many, who nw not have the onnnrtunitr, or leiaure to refor to them, and, at It ' possible, however clear they nw be. that different nertont nw pla'-e Uitler en' interpretation on their meaning. I will, in orWthatmy sentiments may be luliy xnnwn and to avoid all ambieuity. pn.ceed to fate mimmarily the ductrincs, which I conceive they cmhrace. Their rreat and leading principle it, that th General liovernmiint emanated from the peo ple of the aeveral ttates, fofrftine; distinct po Irienl communities, and acting in toeir separat n l sovereign capacity, and not from all of th 1 ne inle forming1 one aeretrate politicat com Munity.i that the Conttitution of 'the United Stts it in fact a comnact, to which eaih Stae i j party, in the character already described a .J that th aeveral Statet or parties, have riirht to ijjje of itt infraction, and in casca of a !eli!ierate, palpable, and dangerotit exercise fi power not delegated, they have the riifht i-i.theMist resort, lo uto the langu)e of the ir.-inia retol niont, " to interpose for arresting t'i rcorcres of the evil, and for tnaiiitaimnff 'i.'n tlieir respective limits, the authorities. risr'i anl liberties appertainintr to them.' This rieht of interposition, thus solemnly aser ted hy the St.tte of Virginia, he itcalled what it , niiv. stite ri2ht. veto, nuiiiacation, or dv any tlier name. I corceire to be the fundamental lyinriple of our tyttcm, renting on fact histo- iirnivas certain, at our uevoiunon iisen, an that tbt oppnule doctrine, whtch der.icl to the htates lbs nht i.f proretioK ihrir r'trrl pocrs, and whi'h wijllvt in t be' tJrnrl tifivernmeit, (it mattcrt not thr jujjh what De partment,) the riij'it tt dettrmininjr ex'-.lnwvely an.i ii'iany me poweradeiegated to il, inoom patihln with the toverei(?n'y t( the ?utts, and if the Coitotiltilion' ittrlf, ennaidered at th baait of a fed-ral VVion. At Mrong at this istijfuite ii. t i nit itroorer, than tht o"l by ine innrrir-ui Jtii yaTn, who tai.l, to pte lo Hie General Gorrrninent the CiJ and excliuivc i(CM to JuJj't of Itt powtrt, Uio maku Jt ni;ri iip an.S not the Conaii'u'i'in thtmrnure of lU powertj" and tl at in alt caiot of. foi 1 ' . . . . "1 pw vciwwtapamea ii40jtiio commw4itij(, earh party btt an eqial right 10 Indite fur It. self, as well of -the oj ration, at of the rmkU autmaaar fretr4a.t -2nfutfj;e eaitwot be more eiplkit j'-nor can hihtr author ii be ad tutional provision, than where th ntiiK,t in. Icreilt eiKtln leuaratt c'atira. The tier.r ' Ii, In truth, grtater, i im;h fparate ami i!ia. iiiiilar georaphieal intertt's, sre more tiahle to come into conflict, snd more danjerws w hen In that state, than thoe,of any other Jecr'ip. ttoni to pi irh that unii iht tiUmtlaac e rttfJ, W th hu t tut fmtd lit an tt tenmv Itrtitory, trfuvatt owl ti lrfitnJmi com muiiitars, ae inhicfd iht w'ttU I dentin twit That u h may not be our unhappy fat a'o. must be tbe sincere prayer of eycry Jer of bis rwintry, , So Mimerous and diren'fted are the Interest of emr country, that they could not be ftto rrpretcntnl in a ainr? f oeenmen, orjrtniited so, at lo give to each- rrctt ami Ua ling lntef rn, a t'parate an'i atfinct Twee, at 10 tne for. f rnmeTTtiylo- which I have rcferrnj. A, phn wit adorned better nited to our si'-iation, but perfit'ly novel in I't chsr4rer. Tbl porft of the firernment were divide J, not as hereto fore, In reference to cUaaea, but Keojtraphically One General Government was formed for the whole, lo which wse delegated all of the pow. era ippoted to be neccMary to 'repiUte the intfft:s eommpu to all of the 'States, !eii others auhject ta the separate control of the Stntci. heio from their local and bceptiar ebir ader, nth, that they could not be subject to the will of tlie majority of the whole Union, winntt Ihe certain nazarj or injustice anci op. prewion. It wtt thui, that the mteretti of the whole were eubiectrd, a they oitrtit to be, to the e ill nf the whole, white the peculiar and local intrre'tt were left under the control of the iedutions, as simple, ant' demonstrative, as tli.ifiifcanr political, or moral truth wbateren 1 . ' 1 . - !' . , . . ' I t ( ... JA on 1 nrTnyOTji?re lual on us rrsn,"iini iiends, th? stahilit'y and safety of our political I'Utitiitions. I am not ignorant, tnav tnose op oedtothe doctrine hare alwavs.-now and formerly, regarded it in a very different light, a unarchir.il -avJXrevn utionarv. GuukI I Dclicve s ioh in faclN e it tenvlency, to. me it would -re recnnJiendation. I yield to none, I 'r.i't. in a deeli and sincere attachment to our J n ilitical institution, nnd the union 01 these ' tes. I never breathed an opposite . senti ment ; but on the contrary, I have ever con y?red. Jh.f m. .tJxe .great nstruinente of-pre serving our liberty, arul prbmotiuif the haipi. nosi of ourselves and our posterity; and next t.i 'h I hnve ever held them rnot dear. N :Hr!y half my life has passed in tbe service of he Union, an4 whatever public reputation 1 Have acquired, islndissolubly identified with it. To be too national has, indeed, been considered bv m.iny, even of my friends, to be mv greatest political fault. .With., these strong feelings of attachment. I have examined with the utmost.! care, the bearing of thevdoctrine in question ; and an fr frnm sniraTiical. or revolutionary, 1 solemnly believe it to he, the only solid f I'lnda ion rf our syftcm, ajjd of h Union Us1'', apdj Tbil di(TeMot opinion are entertain! on tl's suhjee'. I consider, but at an additional eviJence cf t!i, great divenity of the human intellect. Hid out abK. experienced and pat. riotic Individual. f..r whom I hare he hifbett tetnect, taken different views, I would have 'houebt the right too clear tn admit of doubt 1 hut I i d taught by this, at wi II at by many sim ilar inttancet, to treat with deferencn opioni differing from my on. . The error may i ..bly be with tne ibut, II to, I can oly ivy, ti a aler tbe roorl mature and contclentiuut cXA'uiiut rn. I hive oot been able to detect it, lint r.h a'l proper deference, I mart tliinlt. that thrirt ia tbe error, who deny, w hat teem to be tt cs-1 teoiial attribute of tbe conceded lovereinty of 1 Stsirs srpiritely, to whose enttodr mdy, tbey Ihe statea 1 and who aftiioute to tbe Genera! coui.I be tat. Iy confi.ieil Thit d.rriituiion 01 Government a fight utterly incomnatiUls wi;b power, tettled solemnly by a eonatitu'ional what aaacknowledt to be itthmited and rts'ric I compact, to which all of tbe Statea are partiet. ted ehtracter an error originalinitprincipallj.aijeonstitiitet the pecufiar character and eiceU I mo it think, in not duly refleetin- on tbe na-1 lence of our t.olitical iytem, It Is truly and tire of our infitutinna, and on what constitute! I emphaticaJ! JiaerVean, willmt txamp, at paf the onlj rattonal object of all political eonfiitti- on. I To reaHze Itt pe-fecunn. w mut view the It hat been well ta'd ht one of the most ta. I General Government and the Statet at a whole, jracions men of antiquity, that the object of a each in ita proper tpbere sovereign and inde t pnrilution U to reitrnin Ihe frtfrnm-nr, at that I pendent, each perfectly adapted to their re- aiieto reitram MivitlunU. The remark spective o'jectt 1 the Btites actinrr.tepartTetr, it correct, nor it it lett true, where the Govern- representing and protesting I be local and pe- ment it tested in a majority, than where it ia in cuhar interests 1 acting j intly, throngli one aingle or few Individuals 1 In a republic, Geneial Government, with the weiht retpee. than a monarchy or aristocracy. No onq caa I lively assigned to each by tbo Constitution, hare a birher resnect for the maxim, that the represent'ini and protecting the interest of the majority ought to govern, than I have, taken in I whole 1 and thue perfecting by an admirable, ita proper sense, lubject to the reatrictisns jm bat simple arrangement of the great principle of nosed bv the Constitution anJ confined lo tob- repretentation anaresponsiomty, wnaoui wmcn ' .... . . I m. r I . jeet, m wtiieh erery portion 01 too community I DO government ran oe iree, or juat. , 1 0 pre bave umilar intercatt T it u a great error to serve mis aacrea oinr.ouuon, ai wrijjinirr innme. ai minv do. that tbe rieht of a maior. tied, by coercing each to move in its pre it v to govern is a natural and not a conventional I acribed orb, is tbe great and difficult problem, rishti and. therefore, absolute and unlimited, on tbe aolution of which, the duration of our ,,,. 1 1 ... 1 . . Ir..ti..i!.. .fi. if.!.. ..4 t .11 ..H- 11 v nature eerr inuiviauai oaa too nzni n iimKiiuiiun, wr vmun, yu-w . . . A . .1 lt.f. f L . Iff I- iV. . "rivrm r.imseit 1 ana ucvernments. wnetneri phut, nnr uocnr ucucnu. uuwrnuuw u. rimn!ei on msi iritiea. or minorities, must de. I tiTeeted ? V . ' , rive their n'trht from the aasent. exnretsed or I Tbe question Is new, when appEe d to oar implied, of the gorerned, and be subject to tuch I peculiar political organisation, where tbe ae- limitations, as they may impose. Where tbe parate and conflicting interests of aociety are Ini.rr.ta are the tame, that it where the laws 1 represented by dirmct, but connected Govern that mav beneftt one, will benefit all. or tbe re tnenttj but it in reality an old question under a v- '.t U iuat and orooerto olace them undjrl new form, long twee perfectly solved. .".When tt,; rm.iro. of the malority 1 but where thev are ever separa.o and dissimilar interests have been !;imil'r. ao that the law. that mav benefit one aeparateiy represented in any uovemmenti ... . . .... . .. 1 . j- nortion, nav oe ruinoua to ano'Der, it woukl I warnevcr we-ioTcrcijfri power uiTurcn oin. ho on the contrary unj t and ahrurd to subject ded in ite exercise, the experience and wisdom them to its will; a 'id aich, I conceive to be the o S;ca nave aeyiseu dui one moae, oy wmcu theory on which oir Constitution rests. such political organixation can be preserved 1 Ti,t wieh iliaaimi antv of interests mav ex sr. the mpda a dopted in tngiand, ata oy an t.ov. ;! imn.ni-.;h!e 1 1 doubt. They are to be fuun ernments ancient andjrioilcJ0ldt4-aM.on. : SIKUllOpS oesrrvingio ic caiw-ti iree iojitc vi each cp-estate the right to lodge of its powers. er.de Ih-m. ia f ,-.t, to mere .i.-p-n.l.tnt corpur. what f o.ers art d-l -gatd. ani! abit rtt-re j I .ion, let iV.y .'i.mld abuat a ri-ht di.?en. would tt in reality t, oi.f. It it to the m.j.ir... -,M to the praee.lil. prtjtectUnot thoe iier. ly, wbowsfrnts they aie, as-, by havy titi, which they rerd under lhir own canhecontio!!edU.ri..n way , aml,i.rwirt, nee-in.r r-.ardian!.b, when they created the to subject, (afaln.l th fundamf nM l-rhi. i'.-nrral ..irrtimi.t. lauoPatural and enrea- cl.l o ir latm, kn I til 10 w Fiiiiri aona'jle. If limn who voluntarily crtated the System, cannot be tn.ied ( ( reserve it, what power can . , ta far from extreme tlar.grr, I holdlbtt there never wi a free Ute, m which this great eoncrvaive prlu.iple, I dipri.ia,t U all, m ever so tuft! lodged. In o.liert, when tbe eo et'ates, representing tbe dUtimilar and conflict ing Intern's of tbe ennytmnity csme ihtu con. tact, the only alteraativ was eofromiae, m. miasion. of force, ot so 10 ours, snouu tuq General. Oovemment,, a ftate come into rta,ln,T,) the rerrrd p jneri ( the 8U.tr!, alth all of the local and peculiar li.lerwnt. lt ,r InUndfJ lo Mottct. to the will of tliV ftr tiujurit, Ssli.it which, the rotce.i wst intruded. Nor wi!l ILf Icmue by whidt Ihe JudgethulJ tbeir ofHce, bowever talusblw the firof Ulua in man ether reiperta, material lyyary'ihn cam. Its tihest poss.ble tfitft' wnul l t 10 retard and not auslly to resist, tb will of a diimlnant msjorjiy - , . . -Buf ltk tuelest to tauUIrfr atgumrnu- : Were It f-m' M that, reaavn culd tstika qtiet., and luteretteof men are. eorifnct.-re have a higher remedy 1 h ptwer C9nctrnvtt ut p.Jnt wwuld titva long amca. which cafle tbe General Government Into ex- k(f .uUd Tat ever, by the State of Virg.iiia . Iitenee which gtvilall of itt authority, and The report if l.rlrgUlature, to which J btva ean enlarge, contract; or aboWi its powers at )frllj, rfrerfPj, I,, reIly, In my opihioft, ita nleaaure. may be Invoked. Te States ,i.,ii. ,nr.,t enntroversy. Bneking ir, Ihemselvet may be appealed U, firee f wrtbt of rtffffnt9 ,,ia s j Ject, ,t i(t it bas beer, the Judicial autrioritjf it to be regsrJcU, at iii 4if lte ;oi)witU'ton 1 on in which,lafct.firmapowcr,'wbosedecretiare L,,j-ctrdw(totU jightofa 8uio to lutcrposi the Gonstitution I'self, asd whose voire can b f(W protection ol brr reserved riHit)- that nea all d acontent. ,1 Pt uimo e aicni locn ,k. t...i ,1.1 .,t,riiv it tn be regarJCd, at nw of the nower is, that a- S.te acting in tta sov. eriien eracitv, at one of th partiet to the imMinn t, mwkt hm ol.seMed. firsl. that thefo Conttitutioaal fompact, may compel the G..v. bf jnt,i(ice, of uturpel power, which thv , created by that compact, to tubn it r ilm Cnneiltitfrm muld never dre a question tmtchi-ig H iniracMon, 10 nit par. mn the control of Ihe JuJ.ual Pepartmso' ties, who rirated it 1 tn avoid the tupp"ed ccif f, ihat If tbe deciaion of the Judiciary l-r dangers rf 'btdt, It is purposed te resort to r,; abovc tbe sovereign ' parties lo Ihe cwu tbe novel, the baraJon, a id, I m add, fa- ,.jtttori th dec'sios of the other depsrt til r.reii'ect uf tiv'ng to m Genciib lioVttn .1 h the forms of the Ccnsutu,- in ev gree, rr commtu;ty, in a greater, or less de however small, or homogenous t and the" constitute, every where, Ihe great diffi. with a negative, or veto on the actt of the others, culty of forming, u l preserving free institu- in order to protect against encroachments. the tion. To guard againtt the anecual action of intereeti it particularly represents j a principle the lws. when spplied to dissimilar and oppo. which all of our Constitution! recognise in the ting interests, ia, in fact, what mainly renders a distribution of power among their respective constitution indisoenable to overlook Which, Departmenta, ai essential to maintain the inde- in reasoning on our Constitution, would be to pendence of each, but which to all, who will omit the principnl element, by which to deter- duly reflect on the subject, matt appear, tar mine itt character. Were there no contrarietv more essential, for the tame, object, io that of interests, nothing would be more simple and great and fundamental distribution of powers easy than to form and preejrve free institutions between the Statet and General Government, -ri.. .;v, nf.uflVa ilnn wnnh! hi iiiTi;nt So essential is the principle that to withhold the uarant v. It It the conflict of opposing inter- right from either, where the aovereign power ..1. hlrh renders 1: the moit difficult work of is divided, ia in facWs flanuttA tUwutn iiaelf, I . l.'ILf . .1. - t to tonto'Jdaie in me one, lenio 1110 eactusirc ... . . I . I . I 1 . 11 -.U. - .k- Where the diversity of interests eiiits in possession 01 me ngm, on ui uiq uowcia ui um separate and distinct classes of the community, government 1 Tor it is not possible to iistinguisn. at lithe cate in England, and wat formerly tbe pracucaiiy, Deiweeu a eovurn. iicnv u.iuK . n - . j . .r .l- e I .u. mrA k.v'ni tn Ticnt tn lrr nihil case in snana, mime a.m moi 01 me irec 1 pw,, ....... ......... ---- atate of antiuuity, the rational constitutional powers it pleaes. man. proviaion is, that each should be represented in the rnvernmcnt at a separate estate, witn a distinct voice, and a negative on the acts of its eo.efitate. in order to cneck tneir encroacn- ment. In England, the constitution' has as siinied espreslv this Jorm 1 while in the gov. ernments of Sparta and Home the same thing was effected under (hlterent but not much lev effi cacious form. The perfection ol their orgam zition. in this particular, wnt that, w hich gave to the constitutions of these renowned statet all Nor does it in the least vary the principle, whether the distribution of power be between co-estate A, as in England, or between distinctly organiafd, but connected governments, as -nth us. Tbe reason -it tue same in both case, while thj necessity is great erin our case, as the danger of conflict is greater, where the interest ot a'aociety are divided geographically, than in any other, as has already been shewn. These trutht do seem to me to be ncontro vertible 1 and I am at a lost to understand how merit the to!o and final riht ofin.lerf retingibe ,jon foPt) tn Judiciary, mpt be equally u. Constitution, tliereh returning the whole ) hhori'ative a-al final with the declaim sf t i-m. mskiiiif Umt imtrumrtit mo cresture 01 ,...... But the omner anmct to tn id will, instead of $ nderf sction impressed on oyjon j. that th rrtoiution of the er.csl it at Its creation, and annihilating in fact the AiKmbly relates to ttoae great ami ej'raorcliii. thoritv which lmpoed it, and from which, the IPV riM.. ln which all f 'hw forma ofbe con. j j.yemment hsclfderfveiits existence : - ; - ftftqtion my prove InctXectoal against infrac I Tliat f ichwon' I be, result, were the right In Minns dangetoiis to the essential rigbtl of the qneition vested in the Legialativr, or Executive partiea to it. The resolution supposes, toai branch of the Government it conceded by all. gemus powert fcot delrgtted, & not only be No one hat been to hardy aa to amert, that uurped aud executed bv tne omtr aepsn. CongrcM, or the President ought lo bare the irenta, bot thU tbe Judieial . Department maf right, or to deny, that if vetted finally and ex. also exercise or exaction daBgeroul power! cluively in cither, the' const q ienees, which 1 yond the grsot ef Ihe CDnatitution. and eoott bave atatcd would not1 necessarily follow 1 but quenily that the ultimate right of the purtiet la in advocates have been reconciled to tbe doc- the Conau'ution. to jwlge, whether the Compac trine 04 the supposition, that there il one Ue. has been dangerouily violated, must !td partment of the Geneal Government, which, miationt by one delegated authority, aa wtH at from ite peculiar organixation, affords an inde- bv anotbtrby the Judiciary, aa well at by Iba pendent tribunal through which the Govern. Executive or Ugilatie." -a-. . -ment ir-ajritrcise the high authorty, which ia Againr. thru concJu.We arguiiefila, U they the aubiectof coaaiJcration, with perfect safety icetn to me, it it objected, that if one party ht lotl the right to judge of infractiona of Ihe conatitu- I yield, I trust to few, in my attachment to tion, $n baa the other, ar.d that consequently in tbe Judiciary Department. Ism luliy aentiMe cstca or contested powers pwm- r.4 ofitalmportsnce and would maintain it to the the General Oovernment. eath would have a fullest extent in i't Conatiutiooal powers and right lo maintain Its opinion, as is tbe case when independence j but it ia impossible for we, ta wrereign powers differ ht the construction t ( believe, that it waa ever Intended by the Const!- treatic cf csmptctf, and that ofjcourse, it woti.J tution, that it should exercise the power in come tw.J-a mere qu:rrn 01 lorce. er' queation, or that it is competent to do so. and. ror is i i the assumption, that the General Coy. if it were that it w'ould be a safe depository of ernment is a party to the Constitutional Corc- the power. " - . psct. iThe titatea,aa bae 4een shewn, oroied Ita dow en are Judicial and not political, and the compact, acting aa sovereign ind indeperu are expressly confined by tbe Contiution " to dtnt Communities. Hie General uovemmen all cases in law and eqnity arising under this lis but its creature and though lu reality rn-;i..iW iha Uwa of ihe United Statea and government wi'b all the rigbte end autjiont;. - the treaties made, or which ihaH be made, tin. which belong to any other goserameuV wuwi deritaauthoritvj'and which I have high au- the orb of its power, 'it , ncverthjfcM. thority in asserting, excludes political questions government emanating from a compaet be. and comprehends those only, where there are tween aovertigns, and partaking in its nat ir partiea amenable tn-the process of the Court. and object, of the characlerbf a nu fl yiilw- freHt-rhriiwompeteney less ctlr,. XhaA itawxiit- jiun, aprtginted airperTaHml and adw Us of Constitutional authority There may be many tbe intcreats in which all ate Jointly conctrncq, and the most dangerous' infrsctions on tbe but having, beyond it's proper tpbere, no m.e . psrtof Congress, of which, it U conceded b) power, than if it did not exist. To deny th r all, the court, as'a JuHcial tribunal, cunnot from would be to deny the moat wconicaiioic wis, its, pa'ure take cognisance. Tbe Tariff itself h the cleareat conclusions while to acknott ledge ia a atrong case in point 1 and the reason applies its truth is to destroy utterly the objection, that equally to all otbera, where Congress perverts a theappesl wolildbe to force, in the cwei':p r.n.nh.rtMmirA. toon not in. nnetL . Pjr if each rartv Las a right to judge. tendeit the most imidioui and dangerous of all thro under our 11 stem of government, the final the infraction,!. nd which may be extended to cognizance of a quea'ion of contested powei all of its powers, more especial! t the faxing would be-in the states, and not in the Keuer. . governraenir wouia ue iuc uu j ui a:l atmilar cases At a contcsx oetween 01m of their celebrity, which secured their liberty anyone, who haa maturely reflected on the na- for so maov centunet, and raised tnerrn.to so ture ot our institutions, or woo nas react nistory, great a height 'of power and prosperity'., In-1 0r ttudied the principles of free governments to tinnal-peovialon giving to tlf toy purpose,' can call ihcna-icoettlon. Theiliigh cnntrnlHng TMrhjcjL at intprests of the community .mlanation must, it aooears to me. be sought in eveiry movement of the machine. By doing en. great sn.Lseparate interests of the community I explanation must, it appears to me, b,e enugnt in thferiir'.it of elf protection, must appear to j the fact, that in every freer state, there are those, tSn tfhn arill dulv reflect on the subject, not who look more to the necessity of maintaining -,s.-.nt'il to the preservation ot liberty, nower. than guarding against its. abuses. 1 do- than the right of sullrage itself, i Hey in tact not intend reproach, but simpiy to state a iaci ave a common object, to effect which, the one J apparently necessarto explain too contrariety is as necessary, as tne otneri to aecure reipon- ot opinion, among mo intelligent, mo tibility, that is, that thnte wA ioe and execute abstract consideration of the auh ject, would rAe laiei thouM he- accountable to thane, on -whom eem scarcely to admit of doubt. If such be the thiamin reality ohera'e fne snf.v oarf true cause, I must tliinic tne tear 01 weanening ilmhU. faimrLitioti of lihertv. If without the the government too, much in this case to be in -;.t f nni ii!FA. our rulers would onnreM ut, I crest measure unfounded, or, at least that cr without th- richt of re!f protection, the ihe danger is much less from that, than the moini. irnul,l MiinllV ooftress the minor inter- onnnaite sine. I do not deny that a power, of ct'.nf th community.- The abtcence of the so high a nature, may be abused by a State j fiwmeFioulJmakel'he governed the slaves of but. when I reffec," the rulew, and of the latter the feebler interests called the general government into exigence s;iinv of the stronger. I with an of ill powers, whicr. tney treely sur; . Happ far s we havea artificial and se- rendered on their part, under the conyieiion parate classes of society. "We have wisely ex- that their common peace, safety and prosperity loded all such distinctions 1 dui we are noi, 1 requircu u ; ipai uiey aro iwnu in"" " n that account.txempt from all contrariety ot common origin, and ttie recollection 01 common nterest". as the present distracted and danger I suffering and a common triumph in the great out conditioTrtfbur country unfoituiiateiy, but and splendid achievment of their independence j nd that the strotizes! teuiings 01 our nature, , , .i.t r 1 anl amontr in cm; mc ic jii iwhuwi iu- and annroBriatinr.Dut, tuppoting it compe tent to take engniaance of all infraction! of eve- aencrtiiioii, ion iiiKijjer.ms vmjw.u,. ... . mnins. that it would not be a safe tribuuat to eiercifia the power ia question. " .-.. .at ft ia' an universal and fundamental political nrlncinle.that the power to protect. Can safety be confided only to thone interested In protect ing, or their retponsible agents, a maxim not leu true in private than in public affairs. nie uanger in our itvcw ernment, which represents tbe interests of the" whole, may encroach on the States, which rep resent the peculiar and local interests, -or that the latter may encroach on tbe former. In ex amining this point, we ought not to forget, that the Government-through all of its Department!, Judicial, at well as where, it administered by delegate I and responsible agentt 1 and that the rawer which really controta ultimately all, the movements is not in tha agents, but those who elect or appoint them. To underrtand then ita real character, and what would be the action of the svatem In any supposable case, we must raise our views from the mere amenta, to thia too clearly proves. With us they are almoat exclusively geopraphical; resiiHing mainly from di (Terence of c'iroate, soil, situation, industry and production, but are not, therefore less ne cej7 1 be prutci'.cjl'v- an Icquale wruti- and distinction, are on the side of the Union t it doei seem to me; that the fear, which would strip the State? of their aovcrcignty, andde- wo ishall ncd air under the oontroi ot tne trui of a majority,' compounded of the majority of the States, taken as corporate bodies, and the majority of the people of the Statea estimated in federal numbers. . These united constitute the real and final power, which impels and di rects the movements of the General Govern ment! The mnjosity, of the Statea elect the majority of the Senate 1 of the people of the States, that of th House of Representatives the two united, the President iind the Pres ident and a majority of tbe Senate appoint the Judges 1 a majority of whom, and a majority of the Senate and the House with the President, realty exercise ?l bf tfteowrr bf t?rrCoetn ment, with the exception of the cases where the constitution requires a greater number than a majority. The Judges are, in fact, as troly the Judicial Representatives ofthis unlimited ma. jority, as the majorit y of Congress itself, or the; President, ssits legislative, or executive repre sentative; and tn confide the power to the Ju diciary to determine finally and coccluaircly, I refer to the authority of Chief Justice Marshall in the case of Johathan Robbing. I have not been able to refer to the speech and speak from memory. as in or aiora of the principals and a Joint comam , tion or fluency, to refer the contett U the pt'iu cipatt t!.f'tnselvfaf''9ur.b are the plain dictate of -reason and analogy, both. Qa no aound, prlncipl can the agenta have a right to final cognixance, Vt against the principals, much less to use force against them, to maintain their eon strociion of their powers. , Such a right would be monstrous; and haa'never, heretofore, becu claimed in simi'ar casea.- .- - -' k , . That the doctrine it applicable to Ihe esse of a contested power between ihe Statet, ai.4 the General Government, we have the author, ftv not only of reason and anafogV. but r the distinguished .ststesmen already referred, to. Mr. Jefferson, at a late pcrioil-nf his life, after long experience and; mature reflection, say " With respect to our itaie and federal govern menti, i do ool think their gelations are cor-, rectty understood by foreigners. They supp s c the. former tubordiaate Jo the latter. This it not the case. They are co-ordinate ' depart menu of one simple and integral whole. Dut , ymj mny tk if the two, departments, should claim each the same subject of P'Jwer, where is the umpire to decide between them f in ca sts of lit' le urgency or importance, the pru dence ot both . parties , will Jceep them aloof from the quettionable ground 1. but-if it can neither be avoided not comprorpiied,7a con vention of the ttitea must be called, to'ascrib the doubtful power to that department whidi, they .may think best." It is thua that our Go'n ttitution by authorizing amendments, and- by prescribing the authority and mode of making tnem. Das by a simple contrivance, wltn its characteristic wisdonvprovided a power' which in the last retort, aubercedet effectually the necessity, and even the pretext for force 1 a, pWeTowMcltifo wingiiui inicrr'ia or an are bsiji wwca tM i definitely close all controversies in tha only ef fectual mode, by treeing the compact of every defect and Uncertainty, bf a andment of the instrume'nt itself., : It It impossiblerW hu man wisdom, In a ayttem like ona, to devjso an, : other mode wh'trh shall be taaand cffectuaJ.i: and at the tame time consistent with what arc. . the relations and acknowledged powers of nh two great departments of our roveroment. It- gives a beauty and security peculiar to Qiss sys , - ffefr the iih tfngi', . 1 '".- .'
Western Carolinian (Salisbury, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Aug. 22, 1831, edition 1
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