Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1811-03-14

sovereignty is no. in the people, or
that there is another sovereignty SUI
Perior To theirs, Tor TO use an irricism,
"a superior to a superior?
"In my view the people are the
landlords, the Representatives only
the tenants of power, liable to be dis.
possessed Whenever the lords of the
manor please. The same sovereign
will, which created the governm emit !;
that same people of the United States
who ordained and establis he'd the con-
stitution for their form OF government,
can annihilate it or medify it at plea
sure. What was the sentiment of that
illustrious.band of patriots and sages,
who pledged their lives, their fortunes
aud their sacred honors TO maintain
the independence and freedom of their
country Look at the political cat
echism which they promulgated, and
read This article of republican faith,
this primary AXIOM in the rights of
man. We hold these truths to be
self evident that all men are created
equal; that they are endowed by their
creator with certain inalienahle rights !;
that among these are life, liberty &
the pursuit Of happiness that to Sc
cure these rights governments are in
stisuted among men, deriving their
just powers from the consent of the
governed that whenever any form
OF government becomes destructive of
these ends, it is the right of the peo-
pie to alter or abolish it, and to insti-
suse anew government, laying its foun-
datlon on such principles, and organ
ising Its powers in such form. as TO
them shall seem most likely 70 effect
their safety and happiness" If then,
the people have the right to abolish
this government, and to institute a
new one; and il they are the sole
Judges III the case if they have the
right not orfy to remove their repre-
sentatives, but to annihilate their fuuc-
tons, a fortiori they have the right to
Instruct them. The major includes
the minor, and the right to Instruct
as the natural aud inevitable result Of
their sovereign authority.
/" To say that the constitution does
mot communicate The right 10 instruct,
is to say that the constitution is para
mount to the people, and that they de-
rive their rights from il, instead of it
deriving ITS powers from them. The
rights OF the people are antecedent TO
me constitution, aud in this ins,ru..
ment nnns; be looked for, not The rights
Of the people, but the delegated au-
thoiities of the government. Strange,
indeed, that the agent is to look into
ms poser OF attorney for the rights OF
his employer, ard rol For the pow er
wAich ne Corners Have the people
surrendered the right to Instruct their
repre- sentatives /? Ifnot, then they re-
tain IL, and cannot be Invested Of it,
but with their own consent.
"The rightof instruction acquires
additional strength when the constiIu-
tlon Is in danger of infraction for,
the states are parties TO the compact.
and each party is entitled TO its inter
probation to prevent serious COLI.
sIons, therefore, and to obyiats re-
sort to unhappy alternatives, the right
of instruction ought TO be allowed by
reason as well as by policy" Who.
ever, said Judge Wilson, would be
obliged to obey an unconstitutional law
Is justified in refusing TO obev an un-
constitutional act Of the legislature, &
that when a question Of this delicate
nature occurs, every one who is called
to act has right to judge" The le-
gislatures of the several states swear
TO support the constitution they are
therefore, bound hy an imperious OBJ
legation to interpose in some way or
other, when this institution is in dan
ger ofyiolaticn but wat mode can
be supposed more rational than by in
stfuction to their representatives As.
parties to the compact,--caIled upon
TO act,--aud entitled tojudge,--sufe-
y the proceedings by Instruction is az
delicate as unexceptionable. To de-
ny this right is tantalnount to say
ing, that the states shall not be heard :;
and to refuse 20 hear one of the con-
tracing parties at issue, upon the
fundamental law Of the nation, invol-
Wing the dearests interests of the PEG.
pie, is making such a mcckery of