in reference to it. Having ratified and adopted it, by mutual agreement, they stand to it in the relation of parties to a constitutional compact; and, of course, it is binding between them as a compact, and not on, or over them, as a constitution. Of all compacts that can exist between independent and sovereign communities, it is the most intimate, solemn, and sacred,-whether regarded in reference to the closeness of connection, the importance of the objects to be effected, or to the obligations imposed. Laying aside all intermediate agencies, the people of the several States, in their sovereign capacity, agreed to unite themselves together, in the closest possible connection that could be formed, without merging their respective sovereignties into one common sovereignty,-to establish one common government, for certain specific objects, which, regarding the mutual interest and security of each, and of all, they supposed could be more certainly, safely, and effectually promoted by it, than by their several separate governments; pledging their faith, in the most solemn manner possible, to support the compact thus formed, by respecting its provisions, obeying all acts of the government made in conformity with them, and preserving it, as far as in them lay, against all infractions. But, as solemn and sacred as it is, and as high as the obligations may be which it imposes, still it is but a compact and not a constitution, regarded in reference to the people of the several States, in their sovereign capacity. To use the language of the constitution itself, it was ordained as a "constitution for the United States,"

not over them; and established, not over, but "between the States ratifying it:" and hence, a State, acting in its sovereign capacity, and in the same manner in which it ratified and adopted the constitution, may be guilty of violating it as a compact, but cannot be guilty of violating it as a law. The case is the reverse, as to the action of its citizens, regarding them in their individual capacity. To them it is a law, the supreme law within its sphere. They may be guilty of violating it as a law, or of violating the laws and treaties made in pursuance of, or under its authority, regarded as laws or treaties; but cannot be guilty of violating it as a compact. The constitution was ordained and established over them by their respective States, to whom they owed allegiance; and they are under the same obligation to respect and obey its authority, within its proper sphere, as they are to respect and obey their respective State constitutions; and for the same reason, viz.: that the State to which they owe allegiance, commanded it in both cases.

It follows, from what has been stated, that the people of the several States, regarded as parties to the constitutional compact, have imposed restrictions on the exercise of their sovereign power, by entering into a solemn obligation to do no act inconsistent with its provisions, and to uphold and support it within their respective limits. To this extent the restrictions go, but no further. As parties to the constitutional compact, they retain the right, unrestricted, which appertains to such a relation in all cases where it is not surrendered, to

judge as to the extent of the obligation imposed by the agreement or compact,-in the first instance, where there is a higher authority; and, in the last resort, where there is none. The principle on which this assertion rests, is essential to the nature of contracts; and is in accord with universal practice. But the right to judge as to the extent of the obligation imposed, necessarily involves the right of pronouncing whether an act of the federal government, or any of its departments, be, or be not, in conformity to the provisions of the constitutional compact; and, if decided to be inconsistent, of pronouncing it to be unauthorized by the constitution, and, therefore, null, void, and of no effect. If the constitution be a compact, and the several States, regarded in their sovereign character, be parties to it, all the rest follow as necessary consequences. It would be puerile to suppose the right of judging existed, without the right of pronouncing whether an act of the government violated the provisions of the constitution or not; and equally so to suppose, that the right of judging existed, without the authority of declaring the consequence, to wit; that, as such, it is null, void, and of no effect. And hence, those who are unwilling to admit the consequences, have been found to deny that the constitution is a compact; in the face of facts as well established as any in our political history, and in utter disregard of that provision of the constitution, which expressly declares, that the ratification of nine States shall be sufficient to establish it "between the States so ratifying the same."

But the right, with all these consequences, is not more certain than that possessed by the several States, as parties to the compact, of interposing for the purpose of arresting, within their respective limits, an act of the federal government in violation of the constitution; and thereby of preventing the delegated from encroaching on the reserved powers. Without such right, all the others would be barren and useless abstractions, and just as puerile as the right of judging, without the right of pronouncing an act to be unconstitutional, and, as such, null and void. Nor is this right more certain, than that of the States, in the same character and capacity, to decide on the mode and measure to be adopted to arrest the act, and prevent the encroachment on the reserved powers. It is a right indispensable to all the others, and, without which, they would be valueless.

These conclusions follow irresistibly from incontestable facts and well established principles. But the possession of a right is one thing, and the exercise of it another. Rights, themselves, must be exercised with prudence and propriety: when otherwise exercised, they often cease to be rights, and become wrongs. The more important the right, and the more delicate its character, the higher the obligation to observe, strictly, the rules of prudence and propriety. But, of all the rights appertaining to the people of the several States, as members of a common Union, the one in question, is by far the most important and delicate; and, of course, requires, in its exercise, the greatest caution

and forbearance. As parties to the compact which constitutes the Union, they are under obligations to observe its provisions, and prevent their infraction. In exercising the right in question, they are bound to take special care that they do not themselves, violate this, the most sacred of obligations. To avoid this, prudence and propriety require that they should abstain from interposing their authority, to arrest an act of their common government, unless the case, in their opinion, involve a clear and palpable infraction of the instrument. They are bound to go further,—and to forbear from interposing, even when it is clear and palpable, unless it be, at the same time, highly dangerous in its character, and apparently admitting of no other remedy; and for the plain reason, that prudence and propriety require, that a right so high and delicate should be called into exercise, only in cases of great magnitude and extreme urgency. But even when, in the opinion of the people of a State, such a case has occurred;-that nothing, short of the interposition of their authority, can arrest the danger and preserve the constitution, they ought to interpose in good faith;-not to weaken or destroy the Union, but to uphold and preserve it, by causing the instrument on which it rests, to be observed and respected; and to this end, the mode and measure of redress ought to be exclusively directed and limited. In such a case, a State not only has the right, but is, in duty to itself and the Union, bound to interpose,--as the last resort, to arrest the dangerous infraction of the