Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-04-13

did all unite in modifying the Constitution of each! They
had not entered all into general compact and there
oy conferred power upon the majority to form the Con-
stuton by the adoption of the State machinery, which
they had thrown OIL This government is not formed
by the people, large, out of the of the States
But will the gentleman have the goodness 10 tell us,
what is the power, and whore does il reside which is
employed in altering the Constitution OF State? Does
It not reside exclusively in the People of the State and
IN Their collective capacity, and must it not be oxerted in
That capacity, to produce any alteration in their Cons
tuhon' And must it not DC exer,ed according TO the
mode prescribed the Constitution. Can the People pur
SUNG mat mode be viewed in any other than their State
capacities
The gentleman, | am sure, will answer these ques.
tons ia tn affirmative. Well, the State Cons uiion.
were all affected, aud seriouy too by the Constitution
Of the United States. Now, if none but the Pop'e OF
State in their distinct State capacity, could affect s
Constitutions thea their action in forming the Cons;iu
ton Of the United States must have been exerted in
their State capacity. Tie States, whereby mean the
people oil each, as distinct political body, then
have formed the Constitution. and not the People at
large III these views are correct how the gentle
man reconcile his dea that the Constitution formed
by the people. and by the States, with his other
idea hat was formed by the People to impose certain
restraints upon State sovereignty Ii the People act
IN Their distinct State capacities then they could conss
teny impose restraints upon the exercise by the Stat
OF 'heir sovereign power-bu hen they acted as States
anu imposed the rests ants by constitutional compdct
and IN no other capacity could they act by any
Their mode than by compact, could they achieve that
ooect The social gives, az have urged, unity and
compacton TO the People. IL gives the power the
iority And thus it acts in forming its Constitutional
compact and in the exercise OF its legislative power.
This power OF acting by majority, would be tyranny
over the minority. If II had not been conceded by the
social compact Upon this ground il mus, be obvious
hit the social mu. precede the Consiiu tonal compact
and that the power TO form The latter, must be derived
hon the former. Blu, until there be State Their,
be neither need for government the power TO form
IT, So that, ii the People had not, the time the Con.
stitu'ion was formed existed in distinct political bodies,
they must all have existed in political body, before
they could either need government, or possess tn.
power to form on.
Sir, know that the discussion Of the elementary
principles oil government, il dry and uninteresng-
ndeel all abstract discussion is so-out the Senator
from Massachusetts has led the way. He has made
necessary for me, either to aequiesce in doctrines,
winch consider dangerous 10 the liberties Of the Peo
pie, or 10 attempt to reHtc them. Indeed think it
greatly to be regretted, that the principles
Tree institutions have not been frequently he sub
Ject q, discussion The clear nsio and main.
tenance OF then by the People is essential their Ii.
berry To oblterate or obscurc them. wall olways he.
as 1t always has BEEN the purpose OF tosa who would
insrUie, aud Cypress the People.
ITO be Continued }