Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1812-02-27

And il the sages of the convention, among
whom, for his wisdom was OF early growth, was
the distinguished author of the report, which
has been just reviewed, never thought of this
doctrine or claimed for it, the potent efica-
CIV now sought to be given TO it, it may also be
remarked, that it was left for one of the authors
oil the Fedcralist, to sustain, by argument, ten
years after the constitution had been in opera
ton, this novel doctrine, and, by repetition, to
confirm its practice. II had not, for its origin,
at that time, any defect of confidence in tire Sc
majors, by whom, tn is state, was then represent
sea in the Congress of the United States. Not
only the memorable report, itself, forbids such
surmisci but their well known conformity in
opinion, with the Assembly which instructed
them, forbids it likewise. The authority of in
structions, was not then exerted by the iegisia-
sare, for the purpose of controlling the free ex-
ercisc OF thc judgment of the representatives OF
the state, but, rs has been observed, " only to
add the greater weight to their opinions
IL is believed, by this Assembly, that the first
exercise OF the power of instruction, for the for
me- purpose, occurred in the last session of the
General Assembly, and, then, from no want of
respect Tor the Senator who disobeyed those
instructions, for he had been recently elected 10
inc high station, which he occupies, by the al
most unanimous suffrage of the preceding Ie-
sisiature but from belief, that the instructi-
ons, about to be given, would change the vote,
hounce upon the moEentous question, then de-
pehdng IN the Congress OF the U. States. And,
tor this reason, If for no other, it has appeared
10 tins Assembly, proper to give the doctrine of
instructions, at the present time, considerati-
on, worthy of the important consequences which
M ht result from its frequent practice.
70 Proceed with this enquiry, therefore, this
Assembly asks OF the advocates of the doctrine,
against which it contends, to shew under the
concession which has been made, with view
10 the farther progress of this argument, that
the states, as communities Of individuals, are
parties 70 the Constitution Of the United Statcs,
how, those individuals have disposed OF the
power of instruction, which, it is said, the ma
tire Representative government, requires that
they should possess Does It suffice answer
(" that they give their general attrikates Of So
." VereiSnty to their state legislatures p This
surrender must have been made, ut the time,
when the constitution OF the state, the instru-
nent OF the grant, was ratified by the people.
But, at that time, the Constitution Of the Uni
ted States didnot exist and {, power to control
one of its Legislative organs could not have been
then conveyed, for th;s, ii, for other REASONS.
Ii Is in vain, therefore, 10 search into the conf
stitutions OF the general and state governments,
tor any such express grant, I. CLAIMED, By i'm
plcatiOn, in behalf q tire legislature OF the state.
+" because the Poser IF teSisIa.ica ,sa sovereign
poWerP The reply y obvious. Al power,
uncontrolled D. a superior, is sovereign, that IL
supreme. The bozyer Ct in,amci;aS, or the
fawe, q executing the laws is rs mach sOver-
eiSF POSER, as Tat Of ai@ktnS the faps, them
selves. md the whole sovereign power OF a
notion, as mas been shawn, III former part of
ms enquiry, embraces every possible subject of
legislation, and can be restrained only by the
law OF nature or al God. OF this sovereign pow.
er, the people fthe United States have dclega-
ted TO the general, or nationa! government, one
part TO the government OF the pa.,cuar
states, belong, as muck, as the people, distribu,
TED into communities, or STATES, have, rcspec-
lively, thought PrOferto give them; and the O.
ther part, retained b. the bills Of riShts &c -se
different state constitutions, or reserved, BY the
whole people, 20 those several con.munit .es, BY
the Constitution of the United st,tes, remains
IN the people themselves, where Their sovereign
y, nvirtie of which, ali those delegations Of
power have been made, forevsr resiaes.
ITO be Continued J