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<note>1824 March 14.</note> | <note>1824 March 14.</note> | ||
With respect to our State & Federal Governments, I<lb/> | <p>With respect to our State & Federal Governments, I<lb/> | ||
do not think their relations correctly understood by foreigners.<lb/> | do not think their relations correctly understood by foreigners.<lb/> | ||
They generally suppose the former, subordinate to the latter, but<lb/> | They generally suppose the former, subordinate to the latter, but<lb/> | ||
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and administration in affairs which concern their own<lb/> | and administration in affairs which concern their own<lb/> | ||
citizens only; & to the federal government is given whatever<lb/> | citizens only; & to the federal government is given whatever<lb/> | ||
concerns foreigners, or the citizens of other States, their | concerns foreigners, or the citizens of other States, their functions<lb/> | ||
alone being made federal. The one is the domestic;<lb/> | |||
the other the foreign branch of the same Government, neither<lb/> | the other the foreign branch of the same Government, neither<lb/> | ||
having <sic>controul</sic> over the other, but within its own department.<lb/> | having <sic>controul</sic> over the other, but within its own department.<lb/> | ||
There are | There are |^^^| or two exceptions only to this partition of power. But<lb/> | ||
you may ask, if the two departments sh<hi rend="superscript">d</hi> claim, each the<lb/> | you may ask, if the two departments sh<hi rend="superscript">d</hi> claim, each the<lb/> | ||
same subject of power where is the common umpire to decide<lb/> | same subject of power where is the common umpire to decide<lb/> | ||
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urgency, the prudence of both parties will keep them aloof<lb/> | urgency, the prudence of both parties will keep them aloof<lb/> | ||
from the questionable ground. But if it can neither be avoided<lb/> | from the questionable ground. But if it can neither be avoided<lb/> | ||
or compromised, a convention of the States must be called to ascribe<lb/> | |||
the doubtful power to that department which they<lb/> | the doubtful power to that department which they<lb/> | ||
may think best. You will perceive by these details, that<lb/> | may think best. You will perceive by these details, that<lb/> | ||
we have not so far perfected our constitutions as to venture<lb/> | we have not so far perfected our constitutions as to venture<lb/> | ||
to make them unchangeable, but still in their present state<lb/> | to make them unchangeable, but still in their present state<lb/> | ||
we consider them not otherwise changeable | we consider them not otherwise changeable than by the immediate<lb/> | ||
authority of the people, or a special election of representatives<lb/> | authority of the people, or a special election of representatives<lb/> | ||
for that purpose expressly. They are till then<lb/> | for that purpose expressly. They are till then<lb/> | ||
the <foreign>Lex legum</foreign>. | the <foreign>Lex legum</foreign>.</p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1824 March 14.
With respect to our State & Federal Governments, I
do not think their relations correctly understood by foreigners.
They generally suppose the former, subordinate to the latter, but
this is not the case. They are coordinate departments of one simple
integral whole; to the State governments are reserved all legislation
and administration in affairs which concern their own
citizens only; & to the federal government is given whatever
concerns foreigners, or the citizens of other States, their functions
alone being made federal. The one is the domestic;
the other the foreign branch of the same Government, neither
having controul over the other, but within its own department.
There are |^^^| or two exceptions only to this partition of power. But
you may ask, if the two departments shd claim, each the
same subject of power where is the common umpire to decide
ultimately between them? In cases of little importance or
urgency, the prudence of both parties will keep them aloof
from the questionable ground. But if it can neither be avoided
or compromised, a convention of the States must be called to ascribe
the doubtful power to that department which they
may think best. You will perceive by these details, that
we have not so far perfected our constitutions as to venture
to make them unchangeable, but still in their present state
we consider them not otherwise changeable than by the immediate
authority of the people, or a special election of representatives
for that purpose expressly. They are till then
the Lex legum.
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correspondence |
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recto |
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richard doane |
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copy of part of letter 3071, vol. 11 |
4283 |
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