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various sections, calling for great diversity


in the employments Of the people, that the


legislation of the majority might not always
justly regard the rights and interests of the
minority. And that acts of this character


might be passed, under an express grant by


word of the Constitution. and, therefore, not


within the competency of the judiciary to de-


clare void. That however enlightened and


patriotic they might suppose, from past expe-


rience, the members of Congress might be, and


however largely ,partaking, in the general, Of


the liberal feelings of the people, il was imr
possible to expect that bodies so constituted


should not sometimes be controlled by local in


terest and sectional feelings. 1t was proper,


therefore, to provide some umpire, from whose


situation and mode of appointment more inde-


pendence and freedom from such influences


might be expected. Such one was afforded


by the Executive Department, constituted bs


the Constitution. A person elected to that


high office, having his constituents in every


section, State and sub division Of the Union,


must consider himself bound by the most soil


emn sanctions to guard protect, and defend


the rights of all and every portion, great or


small, from the injustice and oppression of the
| rest. | consider the veto power, therefore,


given by the Constitution TO the Executive of


the United States, solely as a conservative


power. To he used only, first, to protect the


Constitution from violation; secondly, the peo-


pie from The effects of hasty legislation where


their will has been probably disTegarded or not


we'll understood; and thirdly, 10 prevent the


effects of combinations violative of the right


of minorities. In reference to the second Of


these objects, may observe that consider il


the right and privilege of the people 10 decide


points of the Constitution, arising from the


general grant Of power to Congress to carry
into effect the powers expressly given. And
believe with Mr.. Madison, that repeated rec


ognitions, under, varied circumstances, in act
of the Legislative, Executive, and Judicial
branches of the Government, accompanied by
+ indications, in different modes, Of the concur
renee of the general will Of the nation, as af-
fording 10 the President sufficient authority
for his considering such disputed points as set
tied.


f Upward Of half a century has elapsed since
: the adoption of the present form OF Govern
: ment. 1t would be an object more highly
: desirable than the qualification of the curiosi-
ty of speculative statesmen, if its precise situa-
: ton could be ascertained, fair exhibit made
: of the powers which they respectively claim
and exercise, of the collisions which have oc-
CURED between them, or between the whole
Government and those of the States, or either
of them. We could then compare our actual
!, condition, after fifty years trial of our system,
with what it was in the commencement OF IFS
operations, and as certain whether the pre-
dictions of the patriots who opposed its adop-
/ rion, or the confident hopes of its advocates
have been best realized. The great dread of
the former seems to have been, that the rer
served powers of the States would be absorbed
!, by those OF the Federal Government, and con.
solidated power established, leaving to the
/. States the shadow, only of that independent
: action for which they had SO zealously conten-
ded, and on the preservation OF which they
, relied as the last hope of liberty. Without
denying that the result TO which they looked
J with SO much apprehension is in the way of
being realized, it is observed that they did not
clearly see the mode ofits accomplishment,
The General Government has seized upon none
of the reserved rights of the States. AS far as
any open warfare may have gone, the State
e authorities have amply maintained their rights;
: To casual observer, our system. presents no
0 appearance of diScord between the different
t members which compose it. Even the addition
t of many new ones has produced no Earring.
: They move in their respective orbits i'll per-
d feet harmony with the central head, and with
O each other. But there is still an under cur:
rent at work, by which, if not seaSonably cheeky
: ed, the worst apprehension OF our antl-federal
patriots will be realized; and not only will the


State authorities lie eovershadowed by the great
: increase of power in the Executive Depart
e ment of the General Government, but the char
n acter of that Government if not its designa.
S top, be essentially and radically changed
= This state of things has been in part effected
), by causes inherent in the Constitution, and in
part by the never failing tendency of political
:. mower to increase itself By making the Pres.
i ident the sole distributor of all the patronage
n of the Government, the trainers Of the Constir
= tuition do not appear to have anticipated a,
l. how short period it would become formida
IF BILE instrument to control the free operations
t. of the State Governments. or trifing impor
e, tance at first, it had, early in Mr.. Jefferson
D. administration. become so powerful as Z