Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-05-21


operates in all its departments directly upon the people
BY federaive government, az contralistip guished
from the former, mean conposs OF several indie
pendent States bound together for specific nsona pur
poses, and relying tor he efficiency OF its operations on
Its action upon the dsren States IN their political
Pscity, not individually uion heir cizen-.
In the incipient state OF political existence we
find traces OF both of these features. When the
oppressive acts OF the moh~r country had excited the
spirit OF resistance we find the Colonies Seeding dele
gates to General Congress- and, without any formal
iederatve contract, that Congress assumed by general
consent, and exercised. powers whi,h could richly be
cIassed only under the head of such belong To con
solidated Government In order TO elf ct a on naor-
a,ion OF goods from Great Bain instead of operating
through tie agency OF the separate Coonss, and re.
commenting that they should THEN Influence or
authority TO ELECT the object the Congress address ihei
recommendation to the rchans OF all the United
Colonies individually Ii is true this only in the
shape OF recomm' ndaton, not an imp rave order;
but this makes no difference in the arguments il was
still an action OF the Government addressed TO indyi
duals Of the Colonies not through the medium of IN.
Colonial authority, would have b.en the case under
strictly iedcrative compact This on the 10 IA
OF September, INA On the 9th OF the same month
they proceeded drec ~ and resoIusd that there
should De no goods imported after certain dly and
that those imported should not he used or sold; and
lew days alter, resolution OF non exploration was
entered In'o the negotiation OF British bills was prohib
lied; aud besides levying and equppng a naval and
land force on the Continental establishments thew
erected Post ceDeparme mt emitted none y and de.
cared that persons refusing receive the bills on CON
vction, be deemed, published, and treated a. enemies
OF the country All these acts were i'm greater mr.
less degree direct operations of the general temporarv
Government upon the citizens, and, in that de
were proofs OF il. character as mixture of ponul,r
with iederative Government. After all thess acts
ara many more OF the same nature, the clara.
ton OF Independence, in which they ioinflv declar.
themselves independent States, but still il would seem
as one nation Ia the preamble they assert the right
as one people, to take the station, the stations TO
"htch 'hey are entitled. The whole instrument com.
plains Of Illegal and oppressive against them Jointly
After this decisive act, for than two wears The
States, thus declared free remained connected bv no
heir IN llu Iowa Of
mon danger, under the authority of a general
Congress, which continued to exercise all the powcrs
OF mixed kind, which, il they had been formally con
ierred, would have constituted Government which
could not properly he called either purely federation
ed Government to which i, had been surrendered
The Cent Iteration was at lengih entered into Tbi.
was certainly compact hewe the States: but among
number Of stipuations strictly iederave eontSincd
others which gave to the Congress powers which
henched upon the State sovereignes; declare war
and make peace; enter into ttcais binding on III.
whole; TO establish courts Of admiralty, with power to
bind the citizens Of the States individuality in case,
coming under that jnrisdction raise armies: ,uuip
heet coin money; emit bills of credit and other 81.
miiar powers The defects Of this bond Of union are
wen KNOWN among these the prominent was ,he
want ct power acting directly the citizens to raise
revenue Independent of the agency of the States
And 1t is most instructive fact, thai the common dan
ger, though at times extremely imminent, during the
continuance of the war could produce any kind
oil attention % the acquisitions of Congress- vet there
was no want OF patriotism or attachment TO the cause
Each State then possessed the subject OF the reou;s
ton, the practical power Of giving veto to the onera
tons they dsked by refusing its quota and the rover
was abused and will always he abused wht nevcr'i,
the int rest OF the State possessing exercise that
right.
In the Federal Constitutions this combira ,ion of ,b
two characteristics Of Government, is APPARENT
~ was iTaued by d. lSgates appointed by States: il
was ratified by conventions Of the people of each Ste
convened according TO the laws OF the respective Yates
1t guarantees the existence OF the States, which are
necessary TO it's own; the States are represented in one
branch by Senator's chosen by the Legislatures; and in
the o'her, by Representatives taken from the peone
nn' chosen ny rule which may be made and varied
ny the safes, not by CcngrPss-the qualification Ct
electors being different in different States They NAV
make amendments TO the Constitution In short, the
Government had its inception with them; it depends
melr political existence for its oneration and its ura
ton cannot go beyond heirs The States existed be
lore the Constitutions; they parted only with such pow
specified in that instrument: thew continue
stil to exit with all tbs rower- they have not coded
aud the present Government would never itself have
gore into OPERATION had not the Sate in their potica
capacity, have consented That convent il compact
OF each one with the whole, not, las has been argued
in order TO throw kind OF riiicule on th. convincing
Part OF the argument OF my friend from South Carroll
MAJ with the Government which was made by such
compact. Ii is difficult, therefore il would appear
with all these characters Of federave nature to 1e.
ny to the present. Government the description of one
founded en- compact, TO which each State was party:
and conclusive proof, il any wanted, would
he in The fact that the States adopted the Constitution
at different times and many of them on conditions
which were afterwards complied with by amendments
Ut were strictly popular Government in the sense
that's conienied for, the majority of the peo
pie Of The United States had consented il would have
bound The rests and yet, after all the Others except one
had adopted the Cor uion The smallest still held OUT
and Rhode Island had not consented enter into the
conicderacy, she would, perhaps at this time have
been unconnected with Us.
But, with all these proofs land think Them inrop
troverble ;ha; the Government could not have bccn
brought into being withou, compact vet, I am far
from admitting, that, because this entered so largely
Into lis origin therefore, there OF
announcer kInd, which impress il strongly the marks
OF more intimate union and amalg of the in.
tsresls oil the citizens OF the different States which
gives TO them the general character OF citizens of the
United Nation. This single fact would show that the
entire sovereignty Of the States individually, has not
been retained the relation Of citizen and regn s
reciprocal To whatever power ihe citizen owes allie
glance, that rover ia his sovereign There cannot be
adouble although there may bs subordinate fealiy
ne Government alsn for the part (excppt i'm the
election OF Senators, Representatives and President
ana some ohers acts in the exercise of it's itima;e
powers, directly upon individuals and MOI through the
medium OF State authorities. THE is an essential char
ac'er Of popular Government.
place littls reliance on the argument which has
been mostly depended on show that this is popusr
Government-I mean the preamble; which begins with
the words, " We, the people" II proves no.hny more
Than the fact That the people OF the several States had
been consulted and had given their consent 10 the in
sirumeni 10 give 'hese words any other construction
would be to make them assertion, directly contrary
TO Tie ac We know, and il has been ina eined
or asserted, that The people OF the United States col
ecveIy, as whole people, gave their assent,
consulted IN Mat capacity; the people Of each State
fCeTe consulted to know whether that state would form
part OF the United States, under the articles Of the
Constitution and TO that they gave their assent simply
as citizens q that State