class. A memorable instance of this kind occurred last year. It
was my conscientious opinion, on that occasion, that the authority
claimed by an individual State[2] was subversive of the just powers of
this government, and, indeed, incompatible with its existence. I gave a
hearty co-operation, therefore, to measures which the crisis seemed to
require. We have now before us what appears, to my judgment, to be an
instance of the latter kind. A contest has arisen between different
branches of the same government, interrupting their harmony, and
threatening to disturb their balance. It is of the highest importance,
therefore, to examine the question carefully, and to decide it justly.

The separation of the powers of government into three departments,
though all our constitutions profess to be founded on it, has,
nevertheless, never been perfectly established in any government of the
world, and perhaps never can be. The general principle is of inestimable
value, and the leading lines of distinction sufficiently plain; yet
there are powers of so undecided a character, that they do not seem
necessarily to range themselves under either head. And most of our
constitutions, too, having laid down the general principle, immediately
create exceptions. There do not exist, in the general science of
government, or the received maxims of political law, such precise
definitions as enable us always to say of a given power whether it be
legislative, executive, or judicial. And this is one reason, doubtless,
why the Constitution, in conferring power on all the departments,
proceeds not by general definition, but by specific enumeration. And,
again, it grants a power in general terms, but yet, in the same or some
other article or section, imposes a limitation or qualification on the
grant; and the grant and the limitation must, of course, be construed
together. Thus the Constitution says that all legislative power, therein
granted, shall be vested in Congress, which Congress shall consist of a
Senate and a House of Representatives; and yet, in another article, it
gives to the President a qualified negative over all acts of Congress.
So the Constitution declares that the judicial power shall be vested in
one Supreme Court, and such inferior courts as Congress may establish.
It gives, nevertheless, in another provision, judicial power to the
Senate; and, in like manner, though it declares that the executive power
shall be vested in the Preside