Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-02-16


It's organization; the popular branch is strictly ma
ional, being elected BY the people of each State
IN proportion to their numbers" The Character
istic distinction in my conception, between a ma
tional and federal government, the terms are
used in this country, il, that national govern
ment. 10 one proceeding from the grea, body OF the
people, and not from the people. as divided into
states or soveregntes, and acts exclusively on in
diviluals. a federal government, on the contra
~, ~ one proceeding from the people, divided
into states soveresntes, and, operates, not
only, on individuals, but on States Now, in or
der 10 ASCERTAIN whether government is nation
al or federal. or partakes of the nature of both, it
Is important TO 60 back to the formation of it !;
whatever II was then, it is now. Who were the
parties to il. The States, not the people. How
was it ratified? by delegate, chosen in each
State, under the accommodation OF its Lesisla-
turs. How is it amended? by the Legislatures
OF three fourths of the several States. The cleo
ton OF PRECEDENT, on the happening OF a coa,in-
eency, may be by States. Even the popular
branch Of the general Legislature, under certain
circumstances, resolves itself into feie al fes-
ture, as la the election of President in The las,
sort.
| Mr.. N. said, the government may, then. be more
properly called federal than national. Ii il were
national government, or had been intended
such by its trainers, it would follow that the great
body OF the people, would have decided its a
l
eighties; had this been the case il could have been
imposed upon States without their consent, upon
the principle, that the majority shall govern but it
Is familiar TO every American statesman, that no
State was bound by the Constitution proposed,
out by its consent; which, in measure, proves
the government TO be federal, national This is
| exemplihed by the fact, that North Carolina and
Rhode Island, did not adopt the Constitution, un-
TIL some time after it had gone into practical ope
ration.
MIR. N. said, but we may venture one step fur
.,.er, and say, that the Delegates who formed the
Constitution, had NOT the power form national
government; they were deputed by States, not the
people; and their power extended, only, TO re-
vision OF the articles Of Confederation and not,
as the gentleman from Edgefield has sad 'to lie
power OIL celebrating on an original form OF gov
ernment." II is clear, that the people could not
1t they would enter into Confederation; that can
only be done by States sovereisniies. The
Convention being, then, collection of the repre-
sentatives not of the people, but OF sovereians ii
Is obvious, that their power was federal, not ma
tionaLS This is confirmed by the Convention
See in Secret Debates, 90, %, Mr.. G. Pinkney's
remarks on resolution testing this principle, and
The fate OF the resolution. /
AN additional argument TO prove, that the States
never intended TO vest their deputies with power
10 form NATIONAL government, is derived from the
Tact, that foreign nations had made treaties with
the Coniederacy; 10 have established national
government, would ii said by some eminent
Jurists) have destroyed the responsibility of the
states, and consequently, have raised a serious
question IN regard 10 treaties solemnly entered into.
Above all, Iecur 10 the credentials OF the res
pective states, and you will nd, in every instance
that their deputies instructed TO the con-
vention, " for the sole and express purpose OF re-
visins the articles OF confederation" and not as
gentlemen would say, with pow to form a nation
al government. They who wish TO consult these
cedentials, may find them in the " Journal OF the
Convention" from p. IL TO p. SO.
In Secret Debates 142, and in 90 Journal Of the !
Convention" l4l, you may also find this strong
fact 10 prove the anlpaihy of the deputies TO the
word national On different occasions i, was mo- !
yed TO strike OUT and substitute GOV ernmeat Of the
United States, ard carried unanimously.
1t Is certainly important to preserve the federal
features OF our government. If we continue to
give up one after another, the States will in the |
language OF Patrick Henry, (who may Justly lie
denomnated the great political Isaiah of America } /
impercePtibly and gradually glide GU, ofexistence
and the nation will naturally terminate in coHS0ii-
datiQa.
Il" guard, particularly, against consolidation, or
The accumulation of all power into one CENTRE it
VIII be necessary to preserve with the utmost fide-
iy, the great division of power made by the con-
stitutIon, between the general government, the
State governments aud the People. And here,
u time did not forbid, would delight to describe
their respective spheres of action.
lhere IS, also, another division OF power, made I
by the constitution, between the Erecnfire, LIE
g,Sfatipe and Judiciary departments Of govern |
meni. To some Of the powers exercised by the (
Two latter departments, the report of the special
committee, particularly alludes. I will take them
up in the order in which they are noticed by the
report. The first alluded to, il, that part OF the
governors message which relates TO violations Of
the constitution by the federal judiciary. These
violations (say the committce) " are not distinctly
stated by the governor, nor can your committee
conjecture with certainty, to what decisions the
message aude. They are not aware of any,
which are subversive Of the rights Of States, or
that coniravene the letter and spirit Of the consli
tuition of the Union"
II would be tedious and unnecessary 10 comment
on all the decisions of the federal Judiciary, which
have been complained OF by States / will, there
tore, Gas this branch of The subject was not alluded
to by my friend frog, York; merely name some Of
the most important which have been made and
murmured at, without passing any opinion, what
ever, on their coDSlitutionslitJ; they may be in
Yes'iSated al leisure by those, anxious 10 obtain
more satisfactory information on this branch uf
the subject The following are among the number.
! HlcCullock, vs.. Maryland; decision on the Bank
fup' Laws OF New York; decision ID favor Of the
sedition Law; decision on exemption from taxa
! non OF lands granted TO Delaware Indiaps; the
oimstead case ia Pennsylvania; Cohen W.. Virgil
MA; and the decision on The occupying claimant
laws OF Kentucky: all these cases have been CON.
planned OF, as Infringing State Rights.
! viii conclude ihis head, l,y endeayorng 10
correct an erroneous opinion, entertained 10y some
and which is important 10 the harmony of our 20
vernment. II s, that the right Of The federal corr
70 pronounce those Legislative acts void, which
are Tepugnsntto the coDstisution evinces thai he
power OF the judiciary, is superior to that oil the