Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-06-22

sovereignty remaining III Inc states, anu
an instrument for preservi 'g il TO ilien,( y.
1T ~ saul, IN another ,pari of The same
work, that each state in ratiiying the con-
siifufion, is considered as a sovereign bo-
DIS, independent Of all others, and only 10
be bound by it's own voluntary act, and
that IN this relation, The constitution is a
fe ierdf aud moi anaiional constitution (gl /:
amt, again, that the states are considered
as distinct and independent sovereigniics
by the proposed constitution (). la the
| same book, while il is admitted thai the
government has many national traits or
features, aud is Of Il mixed character. IL is
asserted to have at least as many federal
as national fea'ures(s).
la the convention Of Virginia, il was
said. by MIR. Madison, HAL tie govern
ment Is OF a mixed nature that in some
respects u is of federal, aud in others. Of
consolidated nature, d that it is sl,ewn
to he Federal by the equal representation
i, the sendie(G
Ehe federal characi ter of the government,
is further manifested by the provision e s
OF arr. OF consii.) that eacl, state is TO
have at feast one member in the house of
| representatives anI This, although lis
population should fall bciow that ola con-
gressional district. On what other prin-
| ciple IL This, than that the states are pre-
served, aud tue government is federal
one
The court has been pleased 10 saw that
no stale is willing 10 allow others to con-
troll the measures Of the general govern
ment. lfibose measures violate the rights
at all Tho states, they will be all pleased
ut u. But tins ~ entirely unimportaut.
| Each state has a several intere ST of lis Own
under the compact, which II is lis right
ami IT'S duty TO preserve.
Ii results from those principles and au-
illori,ies, that neither by the mode ofiis
adoption, nor IN consequence of its hav-
| ing some national features, others being
purely federal, and the state governments
being indIsprnsably necessary to be kept
up fo sustain Hal ct the union, is our
government tn be considered a cons6li,iat-
cd ono. Ii Is a terierat government, with
some features OF nationality. The state
governments are not only kept up In it,
but They are so important that they NAV
actually alter and even abolish the present
STEM. BY the fifth article of the con-
sliiniion, the state legislatures NAV iasti-
lutte amendments 10 the constitution,
winch whenrepsrtcd Ia 81 ratified BY them,
become par OF the constitution They
may thus amend thai instrument from the
word" whereas :" and thus they NAV
|
after tins, that This is not a federal govern
mepf, and that the state governments
are not known in IL They can mould
aud mooity, The general government at
their pleasure, AMI they can arrest lis
operations by refusing 10 appoint sena-
tors. The poWerlIere admitted To belong
to the stale legislatures TO amend the con.
stiiu!ion, Is no departure from Il principle,
have before coniended for These
amendments arc, in effect, made uy the
people themselves, OF the several states.
They are made by their legislatures, bv
virtue of special warrant OF attorney.
Our general government Then, With sub
mission TO the opinion of the supreme
court, is asRucll "a federal government, or
a i" league" as was the formerconfcdrrs
ton. The only difference is, that the pow
ers OF ihis government are much extended.
In fact this government max be, IN
some sense, considered, as a continual ion
OF The former federal government We
, are told III The Federalist, that" in truth
the great principles of the consiitu
ton may be considered less as absolute
Iy neD, fllan as an expansion of the
j., principles contained in The articles of
&c confederation, though The enlarge
ment of the powers is so great, as to
give II the aspect Ofan entire ,ransforma
hon OF the old government" IN. Again
II is SAID, that tie new constitution con.
J sisis less III The addition oi mem pow ers. to
, the government of the uniou, THAI i'm The
inviSora'ing OF lis original powers (v). Ii
was also said, by Mr.. Madison, IN the
Virginia convention, that "ilie powers
vested III the proposed government are
no. so mucia an augmentation of powers
III The general government, as a change
rendered necessary for the purpose al
giving efficacy 10 those vested III ii be-
J 4" fora'tU)
: IL, iheu, every thing conspires 10 slew
that our government is a nfeder0f, and no,
( consolidated one, how far can Il state be
8 bound by acts Of the general government
. violating, 10 IFS injury, rights guaranteed
! 10 II, by The federal compacti IL the
e founders of our constitution did not fore
e sec these clashings between the respec
i've governments, aor provide an impair.
iIai tribunal 10 decide them, II uBiy affords
! another Instance Of The Itnperiection o
, The instruments: OF which iinpcrfeciior
lis authors themselves were mos, sen.i
ble(r). We are not without precpden,
III favor Of such tribunal for we ar,
told by Vaiiel(y) that the prmces o
Neuichaiel established in I4O6 The can
!, ton of Bcrn the judge and perpetual arbi
traitor OF tiIvir disputes: and many otlle
4 similar instances are there given.
1 That great writer also tells IFS, that a.
e mong sOveirIgns who acknowledge =;
II superior, treaties form the opiy mode o
n adjusting Their several preieDsi0ns, ant
s are sacred and iuviOls blttzj; aud that to-
e faith Of treaties form lie only security O
J. The coniraCI Ting pariies(oG) Ii is turtle
e SAID by liiri, that neither OF the coniraciin
IS parties, has right To interpret The pa
or treaty, al his pleasure; for that make