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

harn. II surged 10 deter the psople who are oSsn
dnpsd by It, from hat aabie first princi.
pies winch Is essential 20 the preservation of their H.
betty. Now, we au know, that the abolition by a
STATE oil It's Constitution affects the social com.
pact or nc existence OF the ate than the repeal of
salute Affects IT, The State made its Constitution and
rnaeed The statute. The same sovereign mower was
exc ted IL both instances, alike in the creation aud the
abolition OF botb aud exists in The unimpared efficacy
OF the social compact Every Safe has its fixed aud its
variable attributes OF character. The former is poliii,
cal, aud Identified with the social compact the latter
exists on the changeabie qualities or habits OF the peo-
Pe' mus nation ~ said TO be br we cowaedly,
sincere or fa,hless The people Of Spain were at one
time remarkable for their fine chiyairic spirit Not 50
now Puuic faith is lasting stigma upon Carthage Bu,
that The compression of the people by the social com
pact into the unit called State, remains under all In,
nanges OF Character which the people undergo and
All the changes oi is government which chnce or ac.
lueh' may produce, OF war or eonvusion iici itself
unchanged. Ii republic become monarchv or II a
monarchy becomes republic these hut changes OF
government The civil Society," or State, remains uDal.
'ered, and is sovereign while il manages its own
snars oy US own will. IL is upon this principle that
safes are not aosoved from their deb,s by revolution
me Sa'e anu not the Government, i. the contra citing
party, and nothing but the dissolution Of the social
Pae' aud consequent extinction OF the State can abb
solve from its payment
Now, sir, unless am wrong as IN The G,rro,;o, =,
ehrae'er oil States aud unless have read the Const-
ulon wrong, that Instrument only was not Tor med
by the people at large, but could not a. have beo,e
.aid, nave been formed by them. II could no, have
pcen formed by the people in any other capacity than
a. states IL was, we know, formed by representatives
adopted he
"'es o. the States, severally Tor the members OF the
conventions in the several aes were not less
aes oil the States severay, than their egislative re-
representatives.. ~
contend, therefore, that the States made the Consi
tuition, and thereby rendered the Union greatly more
perfect than was under the articles of confederation
contend, also, that the individuality, and sovereigntv
OF me S,aies Were not at all mpsircd by that ns,ru-
ment That the States remain plenarv soyere,ps .s
much so as they Were before the formation OF the Con.
'uuiicn That they have not by that instrume MT part
ed with one jot OF their sovereign power You ser,
10 s'aste; but hear me. contend ilat The Satas n.
penary soVer gnS, agreed by the Constitution (Which
out heir compact OF Union>-ihat they would mite
IN exerting the powers therein specified and defined
Tor the purposes aud objects therein designateJ ,n
through The agency OF the machinery therein created
The power exercised by the func ionaries of the
al government is not inherent in them but in IN. St,es
whose agents they The Constitution i, their NO
es OF 10 DO certain acts, and contains, Connect
ea WIN iheir authority 10 ac their letter of instruc.
uoh' as 10 me manner on which they shall act They
are the servants The power which gives validity to
their acts, is in their masters, the Staes
Where, let me ask you, is the POWER of Corgress
during the ecess oil that body? Certainly not in the
Individual members-they do not carry it ahou. Win
them. Suppose he Judge of ih. Snpren. Court ,yer
oy some fatality thrown out of existence where womb
h. the judicial power which they evercised mill ~
Tiers were appointed! UfOn the death o! the Presi
den' where IS the supreme executive power of the
ohion! u may tell ne in the Vice President Blu,
between The death OF the President and induction e
the wee President, where is it The answer TO these
questions Is musi obvious II H. Il - thew pos.esed M
sovereign power that they were Lut the accc,s Of H.
sovereign Staesthat the States retained an t,eir
ereign power, and still retain it, That il is inherent i'm
hehnot in three iourths of the States Luf in all nj
mem In amending, or altering the Constitution they
have agreed, that The voice oil ALL shall be EXPRESSED
by three our;hs.
me sentiment that the States by tie formation OF
the Constitution diveslel themselves of lares nort;,
OF their sovereign power, is in rty humble opnIon as
erroneous as II IL unhapFy prevalent And his error
VIII oe "uFocaiedOy all who are hostile 20 State soye
reign'y, aid friendly TO consolidated government
l attempted o in
argument that state could not, without dissolvnq rs
socaI compact dlves itself of its sovereign power To
~ u'a o'ae could be dependant, and sovereign
At 'e same hmc, would be TO suppose destitute of
that unity, which is of the essence of its natnro If
would be not only to msconceve the character of a
state, but TO ascrbc TO it two inconsistent modes of c
istcnce. Nor is it more admissible to sunnoso 49,
State sovereign, and at the same time subject TO cor
tam saiuary restraints upon the exercise of its sove
reignty by any other power. For | Law it down az
tusm IN political science Tint whenever State is sub
Jec TO the control of the will of any other power II has
ceased 10 be sovereign, and the province of the pow
er mat may control it, say, may control H. for lis b
lection does not consist in the actual cxerton mon II of
The controlling power, but in its being subject to thot
conroi. Slaves are not always under the controlling
acuon oil their masters will Indeed they are but sci.
uom So Yet they arc not the less slaves when they
are not than when they under his actual control
because her slavery consists i'll their subsection TO his
wHl ana not IN their actual continuous conormv In II
1t Tor that reason that slaves cannot form or enter
into social compact They lack that exemption from
cohuo' mat freedom of will, of which the SOVEREIGN
II 1t Is essential that the component parts of sovereont
that the viii of each member of the social comnac
shall be free from subjection does it not follow that t
sovereignty tSey should be alike free from subiectionp
ne sovereign power of the State las have he fire ro
ed consists IN the free will of all the members of civil
society," united by the social compact into corporate
person. The elements of this power beinr free tho a
grcgae must be There is therefore no I1,U obIi
gatoTy upon sovereign State but that which was otl
Goy upon IT'S constituent parts. The laws of nature were
one oo"glory upon man in state ofat,re * no other
laws are obiSatory upon sovereign State for all tbe
rights towers and privileges, which were possessed i'm
state OF na'ureby the individuals who compose the STATE
are concentrated by the social compact in the S,afe
and constitute it's sovereignty. Control impIes snne
wy on the part Of the controlng and inferioritv on
the part OF the controlled But sovereicns arc eo,oI
ana u ~ OF the essence of sovercigny ihoit canno,
aunt OF saluiary restraints aiiunGe IL Is eovetnino
and self-governed power
Besides, a State would be unfi, indeed J,ouali6o1
10 protect rs citizens according to s st;nation il,
The social compact ii il were a. the Senator sunnoses
sn9ect nose salutary restraints by the Judicial func.
tionaties OF the General Government In ,voulJ I'D;
cave py It's weakEes hat instead Of proe citing il ed
Ell protection The reciprocal duties and obligo,ions
"hc now exist between the STATES, and their ciizens
Wond vanish But the gentleman is kind i'm suhiecnp
he states 10 none but sanitary restraints. The Su-
preme Court to Judge Whistler the restraints arc M
are not sanitary, which they ,ca no doubt scnsono
oy IMPOSE upon State sovereigntes. The sovereirn
state Is not to form any opinion on this subject and
herein by It's passive acquescence display acrordn
10 ms opinion, its S0psT6ignty can form M Ioa n
sovereignty subject TO such restraints IL /, iIsive
ana ot me precursor, as fear. Of declaration here
alter to be made, that the States are not soveroisn
noeed' II " 10 my mind nothing short of virtual de-