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"2d. To borrow money on the credit of the United States.
"3d. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.
"4th. To establish an uniform rule of naturalization; and uniform laws on the subject of bankruptcies, throughout the United States.
"5th. To coin money; to regulate the value thereof, and of foreign coin; and fix the standard of weights and measures.
"6th. To provide for the punishment of counterfeiting the securities and current coin of the United States.
"7th. To establish postoffices and post roads.
"8th. To promote the progress of science and useful arts, by securing for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries.
"9th. To constitute tribunals inferior to the supreme court.
"10th. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations.
"11th. To declare war; grant letters of marque and reprisal; and make rules concerning captures on land and water.
"12th. To raise and support armies. But no appropriation of money for that use, shall be for a longer term than two years.
"13th. To provide and maintain a navy.
"14th. To make rules for the government and regulation of the land and naval forces. •
"15th. To provide for calling forth the militia to execute the laws of the union, suppress insurrection*, and repel invasions.
"16th. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States; reserving to the states respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by congress.
"17th. To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of congress, become the seat of the government of the United States; and to exercise like authority overall places purchase ed by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock yards, and other needful buildings; and,
"18th. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or any department or officer thereof."
The ninth section is restrictive and explanatory.
"1st. The migration or importation of such persons, as any of the states now existing shall think proper to admit, shall not be prohibited by the congress, prior to the year one thousand eight hundred and eight; but a tax may be imposed on such importation, not exceeding ten dollars for each person.
"2d. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.
"3d. No bill of attainder or ex post facto law shall be passed.
"4th. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
"5th. No tax or duty shall be laid on articles exported from any state. No preference shall be given, by any regulation of commerce or revenue, to the ports of one state, over those of another: nor shall vessels, bound to or from one state, be obliged to enter, clear, or pay duties in another.
"6th. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
"7th. No title of nobility shall be granted by the United States: And no person, holding any office of profit or trust under them, shall, without the consent of congress, accept of any present, emolument, office, or title, of any kind whatever from any king, prince, or foreign state,'^
The tenth section is expressly prohibitory on state powers, whereby they are so far renounced, and not to be exercised by the states.
"1st. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post fecto la w, or law impairing the obligation of contracts, or grant any title of nobility.
"2d. No state shall without the consent of congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties, and imposts laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of Congress. No state shall, without the consent of congress, lay any duty on tonnage, keep troops, or ships of war, in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay."
From these sections, no doubt can exist in the mind of any intelligent man, of the superiority of the government of the United States, over the state governments; in all those enumerated particulars, and the necessary inferences from them. It therefore follows as a corollary, that to the same extent the state governments are inferior. That in fact, plenary, or full, state sovereignty, or independence, cannot exist, under the constitution of the United States—and that the propagation of the assertion of unqualified State Sovereignty, is a gross error of pernicious consequence. . ,
The truth is, that the only just criterion of power between the government of the United States, on the one hand, and of the several states, on the other, is to be found in the constitution of the former, to which all are parties; and not in those of the latter, to which the citizens of each state are the separate, and exclusive party.
The argument used in the resolution, against the general government's possessing the right of judging in the last resort, namely, "since that would have made its discretion, and not the constitution, the measure of its powers,"—is as futile, as the arrogance is conspicuous, in assuming for each state the right of final judgment. If the government of all could not be trusted with the final judgment, which was to affect all; what superior safety was to be derived from the final judgment of one, or of each of the parts? If in the case of the general government, there was danger of the judges, substituting their discretion for the constitution; what was to hinder the state judges from doing the same thing? Or what was there in them, or their oflice, to prevent their dispensing with both discretion, and the constitution? It is however, enough to shew as to that, the argument is without premises—or a perfect non KOTiSSQi- Hi. Therefore, without more said as to this point—but referring to the constitution as the text, of all correct commentary, it is to be further said, that from the quoted provisions in the constitution, there seems to result by unavoidable inference, a conclusion, which utterly overthrows the whole theory of the Kentucky resolutions. The assumption, that the constitution of the United States is a compact between costates, is contradicted by the constitution; which shews by express declaration, that it has its origin in, and derivation from, the only legitimate source of power, The People; and that it stands on the broad basis of the population of the United States, exactly upon the same principles, as to the objects, and extent, of its powers, as do the state constitutions, on the people of the several states. And were this idea, realized, and justly appreciated, it would necessarily correct an infinitude of misconceptions, and erroneous representations, which seem still to take place from time to time.
It would hence be admitted, that the people of the United States were as capable of forming a constitution of government for themselves, as those in each state were of forming state constitutions. It could but be admitted also, that the whole was equal to all its parts; and superior to any one of those parts, taken separately. That in fact, the people of the United States, having made a constitution of government, for the great purpose of union, were competent to embrace within its sphere of action, all those objects, which are essential to union;.feeing those primarily, which appertain to external relations, and internal intercourse between the states, and their citizens; who at the same time are the citizens of the United States; and which could in no degree be regulated by the states separately, but by means of diplomatic agencies; nor by such agencies, but as foreign, often rival, if not hostile, natioi s; a state of things, utterly repugnant to union. To give effect to these great national objects, it became indispensable, that such points of state sovereignty, as were incompatible, with such objects, should be surrendered; they were Surrendered, and with them, that part of the public force, or in other words, legislative power, as might be necessary among other things to protect from violence, and from slander, such public organs, as should at any time be employed in their effectuation. This is the language of common sense; of sound policy, resulting from correct morals, and a correspondent perception of national justice. What} shall every state possess, as a part of its legal code, and of its legislative functions, the power of subjecting libellers, and slanderers, of their legislature, executive, and judiciary, to legal coercion, in its own courts; and shall not the United States, have a similar right in relation to their correspondent departments? Was it not known, that the fairest and most virtuous characters, were subject to be injured by misrepresentation, and traduction? If Washington could not escape the libeller, or the injurious effects of such publications, who may ever expect to escape them? And is it to be believed, that the individual holding the office of president of the United States,in order, to vindicate his conduct, and character, assailed merely on account of his office, was to go into the court of a particular state, because he could not find redress in the courts of the United States? and that congress was incompetent by law to give the United States courts, jurisdiction over, or in such cases?—that the representative, and executive, organs of the general government, could do in their proper department, every thing appertaining to peace, or war; eaioe acmies; build navies; regulate commerce; impose taxes.