Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-01-15
OPINION OF ii boz ROW AN.

CONCLUDED.
In the progress of this enquiry the extent
aud Character of the taxing power possessed
by the states, should be first considered By
a'certalniHg 10 what extent ihey possessed
tnat power, anterior To the erection If tn ia
uonal government. aud to what extent they
surrendered 1t, when that government " S
formed. and dedncting the am"unt OF the pcr
non surrendered, from that which was ret ~
ed, we shali have in the rem sinder the auau.
MY winch they possess aud NAV Justly exer-
Csc. That the states were plpuarv SOVEREIGN;
then, must be admitted, by even the stro rgrst
advocate tor their humiliation n0r. Among
the powers conreded t. the general govern
'n NJ, tHtie art many TO be exercised e, cu-
slysIv by thc nation, such az the power of
mixing treaties, deciaT,lg war coming mo-
hry &. Bnt, that the pOwe oftaxaiiun is not
Lhus exclusively given, rs evident not ony
from the mi ort CT the words employed in
co veying hat power but from the considera-
tlo1. that the states, whose Co-exiStpuce with
tfiat q" Inc national government, is recognized
IN the constitution of tie nation, needed The
exercise OF that power. The states are, IN that
instrument, ,utertwiued with the national Uo
gern1rnt, a. s'utIal OnStitueu ut pai Is thereof
ey cou'i not be considered Sompetent 10
Ga hserve the purposes of their destination as
con titneRt parts of that government. IN am
other Than sovereign character. The senate
the most important pillar III the fabric of that
government Is composed entirely of stale
materials. Ii IS in the government of the ma
ttou. the representative of the sovereignty of
The states, aud was destined not only TO check
rauOns, and Judicial deiinanences but IN
nltuss INTO executive agency its montory
Nhnence That its capacity corresponds with
u ae'nhatlon, may be discerned not less
In the sovereign character of the materi-
ats OF which II Is composed, than in the mod,-
ihdtlon ~ those materials AS displayed in the
constitution
Thi, mighty pillar, Ito resume the fignrel an
well calculated To sustain the guyeriimei,taI
faosIc, and promote its duration is Itself ,u.-
tatheu ny tue stare S0verrignties. They form
me great pedestal upon which il is ba ed. 10
the states, IN their sovereign character /,
reserved III certain event. the election of The
President of the United States. A coniunc
lure haS already occnsred, in which their
sovereign agency : al exerted in the election
Ola President. They possess respectivslv tho
machinery of sovereign power, legislative.
Judicial and executive. Ibev possess and
exercise the power eff lite aHd death, than
which no power is more indicative of >oye-
reIguty. The denial therefore of soyereiontv
10 the states, Is not only ID disparasement Of
theIr governments, but all mputaiIun upon
tn constitution OF the UnIied States which
the nation instead of couuiviny at shouId he |
among tn iIt>t 10 retutc tor bv eutce bling The
sovereignty OF the states she w,a.rus and |
tooS-"' Tue pillars which support her own IA |
DTiC, ana IiSe the strong man in HE tcuIple II |
Gaza aud like him blind too, Nv DESPERATE |
eHort Oh strength, she prO~traics the pillats |
suoVeTtS the fabric, and prrisheS in the ruins
nose VINO deny -OVcIeignty 10 the states |
seem To think that il consists aud can ouI,
CONSIST IN the exercise Of all the powers of the
sovereign, as we'll those which NAV he rxrr-
cIsed Upon the exterior relauOus, ~ interior
concerns OF dndtion They forget thar upou
this hypothesis the nation itself w0uid moi no
sovereign while 1t possesses all the lower of
regulating the exterior Relations A ,ussesses
our te" OF NE powers by which the internal
concerns of the 4. States are directed The
powers conceded by the states to The uatiou
were sovereign, hut thCy did rot concede all |
Tue sovereign power winch tllev posseSse-I nor |
Old what they tanned become Tess SOVEREIGN |
DN the Confession 4 81 m,
ID came less sovereign, by the retrHti 1u--uei- |
iheT was reduced or degraded bv that process |
ne character OF power is MOTTO lie ascertain |
Ell exclusively by the multitude or u;ncI,V of |
tRe SUBJECTS npOu which il is or NAV Ia, e..r- |
clsed England is not more a sovereign since
hHl before the uuiOn-ShP is not less a soveI
reign since tiian before the loss of her colo
nles 5oE ~ America more SOVEREIGN since
fhan beIGEe the acquisition Of LOuISi1na--uorr
are The StaiSS les, sovereign IN reaiion IN tie |
subjects upon which thPy retained The power IN
dct, since thah peioIe the adoption of the con-
etRDhon OF the United States. The uunber of |
the enbects NPOn which they can act 10
ETcstIy diminished, but their power IN art |
aP@n appropriate subjects, is still sovereign
4hePOwer OF state DISPLAYED fhrOuyh IFS |
Judiciary ~ the condemnation aud tNrru,i,,o
OF HsajttactoTS Is III 10 wise less sovereign |
BOW Than II was before the government ~ |
me Ciied States was formed. In most cas-
e3, what TIE nation can do, the STATES cauuot
and what Tie states Cdn do, the udtiOu rauunt
Inc arguments drawn from that class Of case,
~ winch lhty possess respectively, exclusive
powers, as well rs those drawn from ibst
elass, ~ which they possess concurrent poger.
are Abke aFaiiins. or alike impOt. DO T. To- inn
pea' .lie Sovereignty Of eiiGtr Each i,
soyf s" "ithn us sphere The taAia. po,yrr
IS ih"- ent 90 sOvereIgit, and must riun,i i,s
shPp00ton that the states are sotetctyn
belJWR ~ them, unless. " can be slevgu H.
they he3e sfii eHdercd II. That thcy have
ShifeH3 sea u, az not pretended, and tl,at tyeV
nave n0' ~ cvldemt not only bpcaa,r th.y
needed a., but because tie retention IT "a
clearly AdlcMHd by he modified shane ,u
whie'i fhe conc drreut exercise Ut tnat no,ysr
-. ih itc constitution. granted by The state. In
Tic nation. IHis scHtiment is fortified nv tbe
exception, irnm lie tdSiBs wer. possessed
b. Tie states OF The power 10 u, IInpDsts az
i'tS upon iWPtfts or exports and on tam.
e. The sycetH negatiCn of this po,,er In
th' states, VA the COtStttutiOr Of The Iuited
ot4ir~. % recognition aud otirmauce of ,i,rir
B'HTW trXin power. Ihe pyWrr ut the soVp
reign over lIp pT1ptri, wiiIlIn his dominion il
co ceded by ail Tue sovereign may h, ip is
idil'c rnActtOu- prescribe thc node i1 V,1tch
~ Shalt lee acquired. triusierreI and used Oh
cmrOl'd HOst COhduriv-k Ia f.s rubu.
veal. lie nay 'ualcCt "a o. subsidies or fdxc.
AMI 90 particular cases, when d, may be- ggccy, |
sarg 10 Tie safely oi the government. az 10
soiui great DhJect tsseuttall, co.nccted there /
wi;l, I've mas xerCise tlIc dynisi3,q cyt;agns M
irNnscondeutal p0weE Oflncse powers that