Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-04-16

the CONSEQUENCES, mat must have been performed
sovereign power. An atom Is very small part of
globe, aud yet the creation OF that, implies the
oi as penary sovereign power, the creation of the
globe The creation OF the latter, may require great
er or more proracted exertion OF power than the for.
mer; but The odds is nc gree not In the char
acter OF the power. Ii is alike sovereign In both in
ssnces That power in the State, which is exer,ed in
taking iron citizen o. his land for publi,.
ghway,s not less sovereign, than that which is ,x
ered in taking his lie for criine- nothing e.s than
p'enary "oveteisn power effect ether and the re
are NJ rees oil comparison in sovereign power there
s not sovereign, more sovereign, and most sovereign
power The States were, before the formation of the
Constitution, equal Tor they were sovereign; since
That instrument was formed, they not less equal.
because they sll sovereign, as much so now as
then; and because the powers which they stipulated in
that compact to ierbear 10 exercise separately and to
exercise jointly. were equal So that if the powers
which they exercise jointly, under the Constitution be
consideied they equal and equally exerted by the
joint action of all the States through their agents; and
the powers which each may. consistently with their
constitutional compact, exert separately are euua and
whether viewed in their joint or separate action they
are equal And when new Sia'e is admitted into The
Union, IT enjoys by constitutional stipulation an coua
~ with the other States OF the Union
And here, Mr. President. l would ask the honorable
Senator, ii the Constitution formed by the Peope
as he alleges, and not by the States how IL har,en.t
to be provided in that instrument that the en,rgas
ment OF the Union should be by he admission OF States
anu no, oil People, as suc and why the stipulation as
70 eqna'y' should have related to the S a,es. and not
TO the People' And while this pcint would ask
him, why the provision in that instrument for is
adcp on referred 10 the States and mot IN the poors
and Why under that provision the little Stat. of DsIa
ware nan as much weight in its adoption as the great
State OF Virginia,
But, sir, fear that am fa,igung YOU and this
honorable body my object has been, show that the
constitution was not, and could not, have been formed
ny the People; that must have been formed by the
States that the States acted as penary soyereyns in
forming II; That their sovereign character and niividu
ywas not impaired by that instruments; that il is noy,
administered by them in the character in which they
made IT. mat OF full and perfect soveeigns; that the
constitution Is nothing more, nor less than compae,
between sovereign States, who are parties 10 IL hat
,hc union oil the States produced by it, is more pc feet
than that which existed under the articles of confes
tNien ana that is increased perfection, consists main
ny IN the stipulation, that the States may exert their
JOINT legislative, executive. and judicial power upon
the People oil each This l. stipulation of each with
all the Others, and of all the others with each; and
TINS IL the stipulation 10 which tho illus,rous
ton alluded when he spoke of the consolidation Of tho
Union But still, in this stpnlaon the people are to
carried as citizens, as collective bodies consutng the
States respectively. The States, in the Join, exercise
oil rower through the agency OF the General Govern.
nent, must coHine themselves the powers Stimulated
IN me bond oil union-o the Constitution AMI i'm do
ing That, they must consider the peope az czans of
their respective States. Thus the Consst lion nro
vtes, that all trials for crime shall be in the Sa,e
where the cline is alleged to have been committed
and So in the exercise of the power which is allowed
10 Congress, 10 provide for organizing, arming and i
cp'nng the militia aud for governing such part OF them
az shall be employed in the service OF the United
States, they regarded as the militia of tho S,,,
r.
officers for its own militia So also sin lated Thai
the citizens ct each State shall be entitled to all The
Peges immnni'ies OF citizens in the several States"
NOW, Mt President, IL | have been correct i'm n,v
sentiments as TO The process OF forming State and ms
10 the relation VIII Oh the people OF State bear I,
ana 'heir dules resulting from that relation to
the State and the obligation of the State TO them and
az 10 the origin, extent and character OF the sovereiyn
power OF State, think il will follow that the soye
leish power oil State IL unfit subject to be dispos
ed OF by jude al dscision aud hat the Superme Court
Ia an unit tribunal % dispnTe OF the sovereiyn.v of The
States, OF in the language OF the Senator from Mass,
emu ets, Mr. Webster $50 impose certain santarv
RESTRAINTS upon state sovereisntes." II will follow
too TIA, his views and mine, are foiO c@lo aparf u
thinks tina; this is nsnIidaied Government HE do
NAL that It was formed by the States, and assertion
maj II was formed by the people at arg cannot what.
ever he may say upon that subject be construed into
any thing else, than that this was consolidated Gov
ernment in lis very formation. And the assertion of
power which he has made for the Supreme Can't IL
1t he sustained must lead TO the constellation OF the ca
vernment, lift were not before consolidAted-,o TIA,
according 10 his notions, if we have not now we must
have, consolidated & .vernment II it was formed nv
the people it is so; if hey did not make it so. the
Judges will: and, therefore, according to his proposi
tons and arguments, there mode of escaping from
Consolidation OF the Government
Mr. President, my hope lis in the Intelligence of the
people oil The S'acs | consider that they will never
submit that The sovereign power of the States shall be
narrowed Down, controlled, or DISPOSED of bv 49,.
OF the Judges OF the Supreme g: 81; III,
discern the -iusc unlitness of the soyereigotv of
helr states Tor either forensic d cusson or uIic,l
ueVi'oh anu oppose n with their suffrages with the
lorc@ OF public opinion, and in whatever other way
they nay-we could dcride, with scorn AMI indiep,
lien, any sovereign oil Europe. who would agree 10
submit The sovereignty OF bs Slate TO the arbtra,nent
oil even height ofing soveregns How infinitely ,nore
exalted Is the sovereignty of State composed of free
citizens! And how degrading is The idea that sovereign
W lie sovereignty OF free States must be subjected IN
cert"in sauary restraints! SIR the history of The world
does not furnish instance in which the sovereontv
oil State was subjected judicial decision. or IN
any other power than the God of Battles aud the Lord
OF Host!
But allow me- sir, TO inquire into the fitness IF This
tribunal Tor the exercise of the power asserted for
i 10y The honorable Senator; and allow me TO preface
the inquiry, with lew observations upon the nature of
Our Governments. have thus far spoken much more
about the States than about their governments In the
Republics OF our country, the great, the leading prin
clPe, IT, that the responsibility Of the rulers or public
agents, shall be commensurate with the chaiac.er
ana extent oil the power confded to them Our CIV
ernmrnts are contrvances, devices, by which The
people govern themselves-by which the governed
govern: ours are governments OF as Indeed all tree
Governments are OF that character anil tie great diff
Gully has always bt Ell TO guard agans and check f.
hcieny, The influence OF the selfish prncoie (Which
Is 90 deeply rooted n human nature over ;b,.e who
are entrusted with making and administering the laws
NOW, when we regard the zeal anil vigilance with
which th- States in the formation of .eir connective
constitutions, ard In the formation OF the General Gov
eminent too endeavored TO check this selfish nrinci
IN her political agents, and render fhem rpspou sble
we shall be slow 10 believe that it was heir INF non
when they formed the Constitution of the Unted
Siatef, TO confer npou the Judicial Department this
uansccnden aud il-fbsoi bing power.
(IJ be cOntinued)
sz11Sls -sssaz< st
IN CHANCERY.--At Court held for Louisa
a County, at the Courthouse, on Monday, March the