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

tht ptopit as tuiuI'oShip one Sreht OouN
but as composing thirteen sovereignties
thai were il The act of the former, The AS
sent oi a majority wonid be sufficient,
and that thai assent being already OBJ
tanned, (by the previous adoptions of
other siaies,) We need not now deliberate
upon IL. u was said, in the same body, by
Mr. IA. Lee(g). that ii this were con-
sohda'ed government, IL onghi 10 be rail-
fled by the people as individuals, and not
as states aud thai it Virginia, Connec !
ticut, Massachusetts,, aud Pcnnsylv ania,
had ratified n, these being a majority
OF the people, would by their adoption
have made il binding on all the states,
which not being so, sliews that ii is not a
consolidated government.
= So n Is stated in the report of 1909, that
the powers of the general government
result from "A compact To which the states
are parlies(h and, again, that the states
are parties To the compact, not in the
other senses i'm which The term '' state" is
sometimes used. but in the sense OF til.
people of the states, in their highest so
verei.n capacity, andthai IN thai sense The
constitution Was submitted 10 the STATES,
in that sense they ratified il, and in ilial
sense hey are consequently parties 10 the
compacj(i). rtsff
Can il be said, after This, that the con-
s,iiuiion was adopted by the people Of
the United States as one people? Or can
il be denied that il Was adopted by The
several states, by The people al The said
states respectively, and are they not par
lies 10 the compact
The supreme court seems 10 have laid
great stress upon The expressions, 1--WE the
people of the United States" contained in
The preamble To the constitution. This
expression does not necessarily import
the people of America, in exclusion of
those of The several STATES. In the last
sense i. may be Justly taken, and thus
correspond With The .facf, az TO lis adop-
ton. But II this we're not o,this decIara-
lion in the preamble, would he controlled
bv the fact of The case. declaration
in the preamble of deed, that il was ex-
ecmIed by three persons, does not make il
the deed Of them all, II IL were executed by
fUo of them only and far less can il make
that the deed OLA, winch was only cxecui-
Ell by b. Ii is not here 10 be forgotten
that the preamble IS 10 part OF the con
s,iiuiion. II il were, il would carry TO
congress all powers which are conducive
TO " the general welfare :" which is an
idea long since exploded.
The opinion of the supreme court would
seem To import, AS aforesaid, that oars Is
not federal government because il was moi
adopted by the governments of the several
siaies. The old confederation, 4 admit,
was adopted by lIic legislatures ofihe Sc
veral states: but the validity of that adop
ton may .llbequcsiiuned.T That adopt on
took place, in the infancy of our republic,
aud when we had not emancipated our
selves from The opinion, which still prev ails
lii Europe, that the sovereignty at states
abides in their kings, or governments
That is, in this country, aud at this day,
an outrageous hereSy. None but The PEG
pie OF a state, in exclusion OF its govern.
| ment, are competent to make or reform a
government Of whatever nature. The 60.
verDments are their deputies, for Limited
and defined objects. Ii Is a principle OF
| common sense, as well as common law
| that deputy cannot make deputy
The power of changing the government
WAS, therefore, not vested in the state go
VernmentS, but remained with the people
| thereof. To say, therefore, that there eau
| ba no federal government, unless il be
| adopted by the governments ofthe severa
| states, Is To say, that there can he no fe
deraf government at all. A federal 20
vernment can be made, as ours MAS made
| by The people of the several states, and
can De made Dy none other.
The supreme court would, perhaps, in.
| fer that ours is a consolidated, aud NOT a fe.
deral government from the unequa! repre-
ntatien which exists, Considered il
| relation to The several states, lin HE house
OF representatives and from that govern
ments acting, in some inlances, directl,
upon the people. Neither of these circum.
stances operates that effect, either unde,
the epinions oflearned writers on that sub
ject, in general, nor under The authorize.
particularly applicable in our own coan
| Try.
/ As 10 the first, Monlesqnieu tells as (k
| that the Lycian republic was an associs
| lion OF twepiy-tIIree towns, uneqmaHy re
| presented IN the common council. tina
| these towns contributed 10 The expence.
| OF The state, according 10 the ratio of tia
| snfrages, aud that the Judges and tow
magistrates of the several towns. wer.
| elected not by themselves, hut by IN,
common council. That republic was en-
| iircly analogous 10 ours in the Two frs
| particulars, and stronger in lie last: AM
| yet that learned author saws" were I,
give a model Of an excellent federal re
"public. should pitch upon that OF Lv
! " c;a"
This idea of that writer is entirely an
| proved by The authors of HE Federalsi
| After quoting The facts just mentioned
respecting the LyciaU republic, aud saw
ing of the appointment Of the Judges aut
| magistrates ot lie respective cities, that
was most delicate species OF interference
IN tlIeirinte,mai administration, aud wlIic
seemed EXCLUSIVE ly 10 belong Ia The ioco
| Jurisdictions, this work entirely adept
Montesqmeu's opinion. and saysthat il,
| al. -. Al.
ces, and which il entirely ovprrulcs. ar
4" the novel rctinemeDts of All erroDeou
tlIeory"0)
| Sol IL aid in Il,n snn1s l,nnL ln,n