Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-03-24
coNGRE ssIoMAL.
HOUSE OF REPRESENTATIVES,
MARCH 2, 6, 1876.
ON MIR. MCDUFFIE'S RESOLUTIONS,

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nient was rejected by all the States, and they de-
CARED IN favor OF Federal Government Macy
OF them limited their deputies to-" the sole and
press purpose of revising and amending the
articles OF Confederation" Your own State Mr.
Ciairman, (Delaware) expressly provided: so jea-
ious was she upon the subject of her own, sover-
eighty and fearful Of National Government that
Inc 9th article of the confederation, which guaran-
1ied to each State in her federal character
should not be touched. (See Journal of Conven-
ton page 3d. Here then the first NOV ment on
tne part OF the People and the States, was for
ederal Government based upon the Stale Govern
ment.
Now, sir, let US look 10 the Journal of the Con
Vehuon, which has been recently published, and
we snail flnd, that there the first and great battle
was fought between the advocates of National
and Federal Government. It was for some time
doubtful which would succeed, but at last the Ma
tiohal plan was abandoned, and all the resolutions
LOT " National Government"-a O. National Lee
gisiatuIe "a" National Executive and "Na
iional Judiciary were amended, and 90 The Go
Vernment OF the United States,' ssThe Congress
oil the United States,' sf The President of the
United States," and the i" Judiciary of the United
States" were substitutes; and in the address of
.ne convention, submitting the Constitution TO
congress and the People, it is declared to be
feuerai Government for the United States.' The
states are represented, in this address, as in fact
they were-Separa,e, Sovereign Powers, having
no relation TO each other, but that which resulted
from the voluntary compact Here, in the work
OF the Convention itself, it is admitted 10 be Fed
erai' and not National Government See
Journal OF Convention, page 367. i But how,
MT chairman, was II received and ratified: for 1t
IS 10 Inc ratification we must look for its true cha
racterf The inquiry ought 10 be. how did the Peo-
pie understand it, and what was their intention?
because as 1t was understood at the time, mast
II De construed; it being clear principle OF morali
ty (as well as of justce,) that no party be
ooeed oe ond his intent, at the time Of the contract
lFauel, p. l40
NOW, II we look to the Conventions of the
States we shall find that great alarm enter
'aineu as 10 us char acter. II feared by many
that 1t was "masked monarchy calculated TO
sweep down the State Governments, and destroy
the liberties of the People. II was opposed, on
these grounds, in most OF the State Conventions,
with distinguished ability and zeal, and in none
fnore sothan in that of Virginia. twas sustained
and INDICATED, upon the ground that ii was Fed
efai Compact, based upon the existence aud sove-
resnty OF the States There was no power in these
Conventions TO afnend-tbe question was, Ratifi-
cation and DISQUALIFICATION, or Disunion. Most
OF them, however, ratified. with protests and de-
claratory amendments; and he would detain the
Committee, for moment, whilst he referred to the
terms OF some of these notifications.
In .AfdssdchusettS-"T That it be expressly de-
clared, that all powers not expressly delegated by
the Aforesaid Constitution, are to be reserved 10
the respective States, to be by them exerc sed.''
IN So1tth Coroind-'s That the States, respect
Iveiy, do retain every power not expressly dele
gated by this Constitution to the General Govern
ment ofthe Union.''
In pirginia-ss That each State in the Union
shall respectively retain every power, jurisdiction,
and rght which is not by this Constitution delegat-
ed to the Congress of the u. States or to the De-
partuenis of the Federal Government
In .Ncto Hampshire -" That it be expressly
declared, that all powers not expressly delegated
by this Constitution to be reserved to the res
pective States, to be by them exercisGl.''
Here, then, in these solemn acts OF ratification
by the People, and to which the Constitution owes
lis being, was considered FEDERAL and the States
were recognized parties, ald all rights not ex-
pressly delegated were reserved TO them in their
political and sovereign characters.
But how did the first Congress which met under
the new Government consider it. and it will be re-
collected by the committee that many of the most
eminent men, who had been in the Convention Of
l7S7, passed into the Congress Of 1889?
The amendments offered by Mr. Madison were
declared by himto be for the purpose of allaying
the jealousy and quoting the fears of the States in
relation 10 the federal character OF the Constitution
and Tor the better security of rights not sufficiently
guarded. The Constitution had been ratified by e.
even States in the Union, under the most solemn
assurances given by its friends, that amendments
would be made by Congress, and it was
with view to rAnove objections and render il
acceptable to the People, that the amendments by
Congress, in 1889, were passed. The last of those
amendments is in these words The pofcer not
delegated TO the u States by the CONSTITUTIONS not
prohibited by IT to the States, reserved to the
States respectively, or to the People. That these
amendments were intended TO sllay the jealousy OF
the States would appear concusively by the cap
ton of the resolution ofthat Congress- recommend
ing the amendments, viz: " The Conventions of
number ofthe States having at the time of the
adoption of the Constitution, expressed desire.
in order to prevent misconsrucion or abuse of its
powers, that further declaratory and restrictive
clauses should be added;' and, as extending the
ground Of public confidence in the government
would best the t-ne6cent end OF its insti-
tuition; resolved, sc. See Journal Cony. D. ass. I
And, Mr.. s. said, it after these amendments
were adopted that the States considered themselves
secure in those great points which they had been
most jealous.
But it is said that the Constitution itself furnish
the highest evidence that j, was not established
by the States, but by the american People, and
that il opens with clear annuncation of the fact,
in the words, 4" We the people Of the IT, states
do ordnin and establish this Constitution fur the
u States Of .9nertca." TSee preamble 10 the
Constitutional shall now proceed TO conclu-
sve ref1tsion Of this error in relation to the tho
Org and character Of our Government. This argu.
ment on The preamble has been so often Iesoried 10
Mr.. Chairman, for the purpose not only Of show
ing that the Government national rather than
federal but for the purpose Of enarging its powers
in opposition to those Of the States, that shall
be psrdoned by the committee whilst detain the 10
for a few moments on this part Of the subject
1t is admitted by me that the Constitution was
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