Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-04-16


AGENTS 10 the general go,ornmeni, and hy the co.-.
winch The constitution gives TO the genttn guycl4
meht over 'he STATE COVE. ohi"n's, an VariuuS iots
particulars Ncisinu have occasion 20 notice tLe>, ,
pai cnla iull, hereafter 4, the mean ,inY il
ma, he observed. that The state governments can no
NOR tie considered as iorctsn to tnc general 90
'etnmen', than The people OF The states he con
sd.icu ~ ioi'ign To that government. Ii y should
he SAID, that both the people aud their sta, govern
mfnis are foreign To the general government; with
respect Ia ihosr rights and powers Which they have
not submitted To its cono the same may lie said ",
the PEG he with respect TO their state governments
Tor Ne have 'lreiy observed, that, in every free
STATE, there are certain rights and powers reiaincd
ia, the people, and intended tn be submitted 10
uie arbtrtneai or control OF any government VIVA
ever b't IN tie adm1str;ito on of the hest govern
meat, no matter how CAREFUL, and explicitly rs
constitution may lac framed and dictated, il will son,,-
t'hcs We uiIhcu 10 distinguish, IN pent-
Ily requiring practical dec isioh between the uor
winch have .een delegated ard those which have
been Withheld 10y the parties for whom and y whom
the government WAS instituted.
In governments where power is hered;,,rv o,d
wheie The existence of a social compact is Admitted
II IS said ~ be, between the ooyernu, and the
ca ,hc iofn,er being boumd to afford protcc on and
Inc laier allegiance, Nc. But in :, free republic
where all are born equal and where the yoycruors
anu the governed are the persons the compact
must he, hewcen each and every Individual ci,izen
III ms private capacity side, and al, the res,
VI "e c'tlzen>, IN tue same Capacity, ON the other
SIZE and tue formation and execution OF this com,
fac' cohst tues Il Tree and legal community The
IeN'sWh't ~ SHCh Il comm necessarily irnlips
""" o"hS'''"t's SUPERIOR power To which the indi-
ou''' parties Ia the compact must appea, and by
WHOSE uecIs'on they must he governed upon all
questions Arising under the con,pac, No matte how
carefully q crapuio,sv the tsss # he conu,.t may
nave distinguished between the rui,is tesrryed -, H.
uvidunl discretion, aid hose submitted to puhlr CON
uo' necessarily rcsst tai III, community mas, @
enfused with tie IT disc. m IA % I,e,ve.u
these rights, and of deciding MS prac,,c,i r,sos 49,,
"se, whether the right in question belong o the one
a't'' w 70 Tue o'ner And, no matter how the il-
nal may be constituted, whether il he uigc or my,
OF general assembly of the citizens, if i, he accord
my To The forms q! the governments must be cons
ue'eu, ~ Theory, ami contemplation of law as the
po'm "hv, or an me IA, ties the social compact
except one, sitting in Judgment and decrinp unonI
'he rights oil 'haton And such individual party
may, IN his turn, he placed in the same situation!
sti; interest rs wen as justice, requires TIN, the de-
cision should he made accordiuu TO the ru, ,,,cn,
ana meaning of the compnct
i" nee governments, where every citizen is SIM
Poseu 10 ne party 10 the constitutional cumpac i'll
~! "''i'"",' "ehe>e That the compact has been
ih'sconsraed and violated, il is his ript and his d
~, To proclaim 1t 10 his lrow-czens 10 warn ,he,,
oi ,ie mScniei ana the danger, and 10 demonstrate
na""S' '.'e iFocee DING In extreme cases, he nav
nave the moral right IN d.spiiey "a law which he he
'eNes 10 he uncon tiuiioma and void and il may be
even paiSeworIhy and glorious for him 10 suffer-
'u" 10 nie, rather Than obey. The blood which he
i'"' o On INC a'"r OF Llheriy may purify il from
INC pollution with which usurpation has de6leJ !,
anu the generous and holy saci iice to freedom ami 10
l"'''otism n'y rns down lasting blessing upon his
country, ana upon posieriN. But, the same time il
hiuSt not lie forgotten, tia, his lellow.citizene anil
coarcencr> IN the compact have also Inc r;,h, u,
J"dSe, and must decide. Should il be said tln, his
Is IA case ~ which he never consented To obey. nu,
10 winch he never Stipulated to submit Ia the control
Vi any authority but THAI OF his own utiemen and
conscience, would he only begging the question and
Se'"''"s ','' 10 he irue which is the point in con-
'o'tisl isa question OF jurisdiction aud while
"c ueches mat IL IS one which has been reserved to
ehch individual, 10 he exercised ACCORDING tn nr,va
us rr'ion, The other parties To the compact have q
iBhtto "ec"ie That II IS one which has been placed
nv the compact within the jurisdiction of The com
ni"n''y and having 50 decided they musl nec.ss,rv
nave tie moral and legal right To compel his obeJi
thce, o. 10 punish his dIsobedience for there can
ne DO government at AL, where obedience depends
upon ,it Judgment and diScr ton of each individual
ohoud HE decision OF The community he erroneous
II would he deplurable, but not M, uncommon I'M
s'Ihce,o i the iallihiuy Of haman Judgment
MS an incontrorerti!,le principle essential To free
government, thai IA all communities whatever \ ma
Jory "i lie people have the right directly or In.
"fecy, 10 coniiol, cons:rue, alter or abolish their
own GOV crnmcBIs and The recognition or denial Of
this rgh, by The principles form or nraciice NJ ,hn
constitution, Is The character iscal distinction he
tween Ice and dcspouc governments Where the
'o'' % Ee constitution conIam pr DIVISION for the
eNeiciSe al iis ist, the people have recourse
10 IT. AMI SO H. such occasions and in such man
n'r' as small be dictated by justice and prudence |
n"t when the constitution contains express proyi.
"in us Tor these purposes, they cannot he riyhfuy
elected IN any Other way than in those prescribed
10y ihe constitution except indeed III such extreme
cases - render the principles of lie W nn necess;,v
paramount To all other principles. Aud when these
d'Sa iroIs occisions occur, teiu drna necessiis is
Tie only the sufficient, and the terrible reply 10 NH
appeals to principles and forms OF constitution and
law. ~
We will now proceed to inquire, whether The mar |
lies 10 Tie constitution have reserved TO themselves
ihe right or power OF making practical decisions ON
Tie construction Of that instrument, in their urinary
sovereign capacity, have stipulated TO make and
pronounce thosedecisons lArous their official agents
and through iIeir agents. who are their constitu-
noii agents Tor tbs purpose. And in this inquiry we
sa consider both the people, and the states as par
ties TO the compact.
Wewhl examine the subject, first, Ia relation TO
Tue people as parties To the compact. The extension
oi he representative principle To all tie departments
ana administrative Offices of COVE rnn,en Justly con.
sidercd among the important imuroyeDents in
me SCIENCE oil politics and lis predominant influence
ID All governments OF The u. States, is Supposed
70 give them most important advantages in the prac-
ice and preservation OF liberty over the best cons-
tnted republics oi an iquiIy. BY the operation |
OF Tins powerful principle iH our governments |
me will and The interest, of the people are felt and
consulted, III all the complex operations of society
In - government purely representative, las the go |
Vernmenis OF VirgnI, and Of the u States for exam
pes) We Know OF no instance IN which the ueople cnn
he sad TO perform political functions in their prIna.
~ sovereign capaciiy, except III the of choosing
their representatives.. IL Oh other occasons they |
perform political function, and decide constitutional
or legal questions, IN their sovereign capacity, kkey
uepdTt, on these occasonS from the Representative
principle, and adopt the principle of pure democra
cy We may cite perhaps instances Of this tlepar-
tue provision III The constitutions of some of our
sister states requiring amendments their cons,itu-
tons 10 he proposed aud submitted the decision of
Tie people, Tor and against which they vote Mt the
polls, ~ Tie same manner ia choosing their reDrc-
Sentuiyes But the constitution Of the Uuted States
recognizes 10 such practice. II was not alopted in
that manner, noi eau ii be altered or explained jn
mat manner. II "A majority The people Of The Uni
lcd states or OF the different States were 10 assem-,
lie IN their sovereign primary capacity, and solemn
declare nui resolve, in The most explicit and for
"al manner, hat particular provision not already
~ Tie constitution, should thcnceforward he taken
and considered ~ u pate il, this provision could