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not be consolidated in the general power, without injustice and oppression. Thence the division of the sovereign power; and it is upon this distribution of power, that the whole system of our government rests. In drawing the line between the general and state governments, the great difficulty consisted in determining correctly to which the various political powers belonged. This difficult duty was however performed with so much success, that to this day there is an almost uniform acquiescence in the correctness with which it was executed. It would be extraordinary if a system thus based, with profound wisdom, on the diversity of geographical interest, should make no provision against the danger of their conflict. The framers of our constitutions have not exposed themselves to the imputations of such weakness. When their work is fairly examined it will be found, that they have provided, with admirable skill, the most effective remedy, and that if it has not prevented the approach of the dangers, the fault is not theirs, but ours, in neglecting to make the proper application of it. The powers of the general government are particularly enumerated, and specifically delegated; all others are expressly reserved to the states and the people. Those of the general government are intended to act uniformly on all the parts, the residue are left to the states, by whom alone from the nature of these powers, they can be justly and fairly exercised.
Our system, then consists of two distinct and independent sovereignties. The general powers conferred on the general government, are subject to its sole and separate control, and the states cannot, without violating the constitution, interpose their authority to check, or in any manner counteract its movements, so long, as they are confined to its proper sphere; so also the peculiar and local powers, reserved to the states, are subject to their exclusive control, nor can the general government interfere with them, without on its part, also violating the constitution. In order to have a full and clear conception of our institutions, it will be proper to remark, that there is in our system a striking distinction between the government and the sovereign power. Whatever may be the true doctrine in regard to the sovereignty of the states individually, it is unquestionably clear that while the government of the union is vested in its legislative, executive and political departments, the actual sovereign power, resides in the several states, who created it, in their separate and distinct political character. But by an express provision of the constitution it may be amended or changed, by three fourths of the states; and each state by assen⟨t⟩ing to the constitution with this provision, has surrendered its original rights as a sovereign, which made its individual consent neces-
