Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-05

, Speaker, that have always supposed directly
the contrary, that the General Government il
dependant upon the States, for the execution OF
att ITS powers, for it cannot exist without tho
concurrence OF the States. Are not your Sena.
tors, who compose the other branch of the leeis-
iauve department OF this Government, elected
by the Legislatures of the States2 Is not your
Executive Magistrate chosen, also by the agency.
and under the direction, of the State I ,episla.
| lures?
lHere Mr. CLAY explained. He said he ne
yer commended that if majority of the States
withheld their cooperation, the General Gov
ernment might not be dissolved; but his principle
was, when the General Government is once or
gained, and moves, it moves by its inherent
energy, and acts independently of State power. I
MIR. Rives said, he had not the pleasure OF
hearing the speech of the honorable gentleman
He had only read the report of it given i'm the
newspapers, and he thought that the principle
to winch he had referred, as stated in that re-
port, required some qualification. But, even as
now qualiiol, by the explanations of the Speak
er, he was not prepared to give his assent to it..
understand the honorable Speaker, said Mr..
ftives now to say, that, although the general 90
vernment does depend upon the states for its en-
,stence, yet. in the ordinary and regular exer-
else OF its vested powers, it is wholly indepen-
dent OF the aid and cooperation of the state 60
yernnents. l have always entertained, said
MT. Is. different opinion of our political svs
TEN, and for that opinion supposed had the
sanction of high authority. The authors of
The Federalist," i'll various passages of their
celebrated work, speak of the state governments
as Incorporated into the system of the general
government, as auxiliary to its operations, and
indeed as indispensable to its maintenance. In
one passage they say emphaticniiy, if the general
government should ever arbitrarily abolish the
state governments, it would he conapeLed. by the
principle of seif-prese,ration, to reinstate them
Implying, as it seems to me, in the strongest
manner, the dependence of the general govern
ment upon the aid and corporation of the state
governments, But let us examine this subject
more minutely, in reference to some the pow
ers oil the general government. In the exercise
OIL It's military power, which has been so much
talked OF IN the course of this discussion is there
not partlaldependence, at least of the general
government upon the state governments , The
constitution gives to Congress the power to sspro-
vide for organizing, arining and dsciplining the
militia )" and " for calling them forth to execute
the laws OF the union, to suppress instructions.
and to repei lnvasions 5" but, expressly reserves
to the states &C the appointment of the officers,
and the authority of t. . ning the militia accord
ing to the discipline prescribed by Congress. p
Here, then, we find the general government
made dependant upon the states, for the efficient
exercise Ola vital power, CONNECTED with the
peace and safety of the nation for, what is YOUR
militia without officers and without training !,
SO, likewise, in relation to another power of Con-
sress, which has been the subject ofmuch COM
mentary IN the course of this debate allude TO
the subject of Notifications arsenal &c. Amid
the various constructions which have been put
upon the clause of the constitution relating to
this subject, all have agreed that the exclusive
jurisdiction it gives over the sites ofthese works.
cannot be exercised without the consent of the
Legislature OF the states in which they are loca-
ted. Here, then, we have another example of
the dependence the general government upon
the state governments, in point belonging to
one otits highest trusts, the care o, the GO COM
mon defence" Whether, therefore, | look to
the general aim and scope of the constitution or
to It's particular provisions, cannot acquesce in
the principle assumed by the honorable Sneak
er. The application of this principle to the sub
Iect OF the present discussion, has not been
clearly developed, but presume it is this IF
roads and canals are necessary to the legitimate
operations Of the general government, that co-
vernment, being wholly ind pen tent of any ex-
trinsc aid In the prosecution of its lawful objects
may make roads and canals for ITSELF whenever
and wherever it chooses. shall hereafter en-
deavor to shew, that, although roads and canals
may be essential to some of the purposes of the
general government, yet, they are such facili-
ties rs would naturally arise in the progress of
C ETY., under the care of the state governments,
and that there was, therefore, no necessity to
invest the general government with authority
to create them. Any construction which loses
light of the existence of The state governments
and Of the important purposes they were inten-
ded to fulfil, in reference to the affairs of the
Union, as well as the interests of the respective
states, is incompatible with the nature of our
political system, and necessarily leads us into
error.
There were some other general principles
laid down in the course of this discussion, the
bearing and application Of which, to the questi-
ON under consideration, | could not very dis
| tinctly discern. notice them, therefore, only
for the purpose of entering my protest against
them. An honorable gentleman from ~ York,
Mr. Storrs) asserted that the general govern
| ment was a municipal, or in other words a ,,nt;-
| orat government as Contradistinguished from a
federal government. would ask that gentle
man who were the parties TO the formation of
government? Were they the people of the u.
States, as composing one entire nation, or as d.
yided into distinct political communities , I'm
questionably the latter. It required, too, for its
establishment, not the consent of majority OF
the people, merely, but the unanimous ratifcati-
on OF all the states who became parties TO it.
In the mode provided for its amendment, also,
the concurrence Of three fourths of the states is
necessary to any alteration of its principles, with
out regard to individual members. These cir
cumstauces unequvocaly characterize it as a
federal government
In another important relation, the only one
involved in this dscussion-the extent ofits pow
ers, il is decidedly federdl and not national. The
authority TO which the honorable gentleman has