Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1812-02-24

"'iohs' really initiate Will. the doctrine Just as
serted Could men have ever formed Il society
a"attoh' II the first OF those positions be cor
rect And IS not the last, utterly inconsisten,
with the union of any two nations into one Can
IL be necessary TO resort "a authority, in order
| 10 corroberafe so PLAIN truth In Difference 70
| us predecessors, this Assembly viii proceed in
| each step oil this argument, Ia consult the trca-
s'ires ofrecoried learning, where they are ac-
'cessible. Whoever" SAYS Locke, {" out of a
| state OF nature, would unite into a commu-
| nity, do so, by barely agreeing to unite into
| one political society. which is all the compac,
that IS, or needs be, between the individuals
that enter into, or make up a common wealth"
Now, aitiio' the people OF one of the United
states, may, IN respect to those of another have
been regarded before the existence of the fede.
raj constitution, as ina state of nature that is,
OF mutual independence, yet nothing was neces-
sary, hut their consent. to form n common.
wealth, or nation, of which, after such consent.
they would become fellow citizens. :,
Have the people of the United States civ
en- such consents OF this, the existence of
the tedeI'ui government is, sufficient proof
lnat tits national government, is likwise
evident, from the objects on which it one
rates a work, perhaps the ablcst that has
ever appeared on the science of Representa-
tive government, published at the same ara,
winch witnessed the ratification of the federal
constitution; written expressly to expound
It's principles and recommend them to the
people OF the United States; written, too,
oy three OF the ablest men, America has BRO
duced; and two of the authors, members;
and very active members of the general CON
vention which framed the constitution such
work may, justly, be regarded, as high a,-
fnorIty, III anepqniry like the present. "The
Onsed States, in their collective capaci-
q, says Publius, " are the object, to which,
AL general provisions, in s'the constitution
reier 10 know what is meant, 4" on the
Ohited Sfafes in their coiLecfive cattacify,"
let US enquire, what was their capacity, be-
fore the constitution was formedsn "The
great and radical vice in the construction of
the existing confederation says Publus,
consists in the principal of Legislation for
states, or governments, in theiri corfiorate
OF collective cahIcities, and as contradis-
tnguished from the nGiOiduaLs Of .vhom
. they consist" 1t was to remedy this vice,
that the constitution was formed, and hence.
the above phrase must be deemed to apply to
the heoflle of,tAe United States, or the indi-
viaaals OF the United States, in then, coAec- /
t've cEfacity. If farther authority be re-
quired to establish this position, it is furnish
ed by one OF the only three numbers of this
work, which were, each, the Joint product
on OF two of its authors and the authority of
which, is, therefore, entitled to the greater
weight. The important TRUTH they say,
which experience, unequivocally pronoun-
ces, IN the present case, Chat is in rela-
ton to the defects of the old confederate
on) is, that sovereign over sovereigns,
government over governments, q iog, ioiati-
" on tor communities, as ContradistinglIisled
" from udiuiduoLs, as it is solecism in the
DRY SO, in practice, it is subversive of the
order and ends of civil polty." ''Ifwe still
adhere to the design of a national govern
ment, says Publius, &c we must extend the
authority OF the Union to the hersonS oJ.he
cHlzens--the only proper objects Of govern
ment." 1t is, however, needless to advert
to particular passages in an elaborate trea-
tlse, which abounds with the most incontes-
tl6le evidence that the authors of it, regard
ed the general government about to be Gre
ated, as a national government, and the peo-
pie, as parties to it.
AS the federal constitution ISSUED from
the sovereign authority of the people, of the
United States, and its operation is upon khc1,.
unjust be regarded, to the full ertent Of
US hoz9ers, as the constitution of govern
ment OF one nation, or of one people. 1t has
been, however, and still is contended, thatin
asmuch, as the constitution was submitted
tor It's final ratification, to the conventions of
the several states, the states, themselves in
their separate capacities, are to be regard
ed as the only parties to the compact. What
IS this, but an assertion, that the manner of
submitting any plan of government to the
people determines who are the parties to it ?
In every attempt either to alter the govern
ment OF one large state, or to unite several
independent communities into one, it is diff
cult to conceive how the sense of the people
can be taken, butby using, as Instrumentation
ftn~
time. But this employment, cannot make
them, the parties to the new government. If
the converse, be true, then the keeisLqtures
Of the seVerat states, who provided, as they
we're required by the constitution, for the e.
lection OF the conventions by which it was ra-
titled, and who we're, so far, instrumental in
collecting the sense of the people, were par
ties to the constitution. And were convcn-
ton to be now called, to alter the constitnt;
on Of this state, the counties and boroupbs.
who would elect the members ofthe conven
tlou, would also, in their corporate capaci
ties, be the parties TO the new constitution
Premises, which lead to such conclusions
cannot be correct.
1t has already been stated, and il is a posi-
ton susceptible Of proof that "the people in
their highest sovereign capacity. are the peo-
pie themselves, collectively taken. A CON
vention OF deputies elected by the people. are
as much the SERVANTS of the people. as the
members OF AN ordinary legislature. For.
IKE such legislature, they have suherfor
in the people by whom they are deputed IN
act. Every other capacity, than that. in
which the peopleactby Themselves coReetipr-
iy, must be secondary, must be factjtious. or
conventional A doubt has already been e,t.
pressed, whether any people ever did act in
their former capacity: in other words. whe-