Page:Review of the Proclamation of President Jackson.djvu/95

 faith of the parties was pledged, each to the other; to create such a government, endowed with such powers, to be exerted for such purposes—to continue and maintain this government, in the free exercise of all these powers, while exerted for these objects—and so to support this Constitution. Further than this, it is confidently believed, that no one, at this day, can suppose the faith of the sovereign parties was ever pledged.

So far the way is smooth. But when it is asked, how and by whom the faith plighted by the high contracting parties, in their several ratifications of this their covenant, may be violated? The answer seems, at the first view of the question, to be not so easy. Yet there is nor real difficulty in the way; provided our first approaches to it are all true and sustained; for this answer will be found but a corollary from the former conclusions.

Thus when it is asked, how this covenant may be violated? The general answer, is obviously this: It may be violated, by the refusal or neglect of any of the parties, to do any of the several acts, which they have respectively stipulated, in the covenant, that they would do: or by their doing any of the several acts, which they have respectively stipulated, in teh covenant, that they would not do: and it cannot be violated by them in any other mode. For, while all the parties do and forbear to do, all that by the covenant they have promised to do and to forbear from doing, the performance is co-extensive with the promise, the latter is so fully satisfied, et Fides sercata est.

So, too, when it is asked, by whom may this covenant be violated? The answer is, by some of the parties to it only. If all agree to disregard it, this is no violated, but a mere justifiable change or avoidance of the covenant, by the parties who made it, and who may at any time alter or abolish it at their will.—Nor is it of the slightest consequence, when the parties all concur, whether the change or avoidance of the covenant is effected in the mode therein prescribed or not. For, no one of its parts is more obligatory upon the faith of the parties, than any other; and they have the same right (all agreeing) to abrogate the part prescribing the mode in which alone it may be amended, as to change any other part of the instrument.

The whole is but a promise made by each to all; and all can