Page:Inquiry into the Principles and Policy of the Government of the United States.djvu/661

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THE LEGAL POLICY OF THE U. STATES.
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makes a division of their property according to bis own pleasure, are his slaves. If the general government gains a similar position in relation to the people and to the states, the principles of a division of power, of its responsibility, of protecting property, of its division by industry, of state confederation, and indeed all other principles aonstituting a genuine republick, are abolished.

The best restraint upon legislative acts tending to the destruction of a true republican government, consists of the mutual right of the general and state goveinments to examine and controvert before the publick each others, proceedings. This right is stated in certain resolutions which passed the legislature of Kentucky on the Slli of November, 1798, in the following words, "Resolved, that the several States comprising the United States of America, are not united on the principle of unlimited suhmissibu to their general government: but that by compact under the style and title of a constitution for the United States and of amendments thereto, they constituted a general government for special purposes, delegated to that government certain definite powers, reserving each Slate to itself, the residuary mass of right to their own self government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force. That to this compact each s<ate acceded as a State, and is an integral party, its co-states forming as « to itself, the other party. That the government created by this compact was not made tjic exclusive or final judge of the extent of the powers delegated to itself, since that would have made its discretion, and not the constitution, the measure of its powers; but that, as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself as well of infractions, as of the mode and measure of redress.

The style of these resolutions throughout ascertains the author[1]. Both the parties of the United States have

  1. Mr. Jefferson.