Virginia advocate. [volume] (Charlottesville, Va.) 1827-1860, 1830-04-30

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had, 1t could have no existence prior 10
the covenant which the individual states
formed with each other, and each will all ,
from which the Federal Government re-
suited. 1t was appointed the depository
OF chose powers to be exercised for the
good OF the whole, the exercise of which,
by the States respectively, would be in-
compatible with the the federal Union
This view Of the subject certainly gives
additional! sanction to that system of con-
stitutional doctrine which regards the
powers of the General Government as
strictly limited by the express grants of
the Constitution. Considered as party
to the Federal compact it might, perhaps,
with some shew of plausbilty, and unde,
particular circumstances, lay claim to the
exercise Of powers, and asser, rights which
it might be difficult to telu.e. Viewed
as the creature of the Sta,es, it can claim
no attributes and exercise no powers which
have not been conferred by the parties
creating it Beyond this is usurpa,ion. -
1t perveris the ends of its creation, and
violates its nature, when it undertakes TO
WELD powers and exercise attributes,
which its creators have no, bestowed
But are the States the parties, and the
only parties to the Federal compact q
The late discussion in the Senate of the
United States has excited this question:
In the decision Of controversies respecting
the construction of the Constitution il is
an important one. With respect to the
| origin of the Government ami the source
of ns power, Mr.. Webster asks, Z" Whose
agent is it? Is it the creature of the State
legislatures, or of the people p we have
italicized the word legislatures in order
to mark the sophistry which is concealed
under the term. But we very much doubt
whether if the word States had been sub
stituted for Legislatures, the answer of
Mr. Webster would have been different.
We had supposed, and we YET think the
supposltion just, that except in the minds
oil those who entertain the doctrines of the
EXTREMIST ultra Federalism, ULTRA ultra,
the argumeat Of tMr. Madison's ceIebra-
ted report had left no doubt as to the true
and only parties to the Federal compact /:
That these parties are the States. We
will not quote the unanswerable argument
by which the report sustains this PROPOSE
ton. 1t must be familiar to Virginians.-
We will merely remark, that the history
OF the adoption of the Constitution, and OF
every amendment ii has undergone leaves
not the shadow of a doubt upon the subject.
Was the Constitution submitted to the peo-
pie or to the States for adoption or reIec-
tion To the States undoubtedly -and
the voice of Delaware or Rhode Island
was as potent in the decision as that OF
Virginia, Massachusetts, or New York
The same thing as to the amendments it
has undergone or may hereafter undergo
Have they been submitted to the people
TO pass upon them, or to the States, aye,
to the State legislatures? To the latter
certainly-nay such is the structure and
operation of our system, that an amend
ment OF the Constitution modifying our
compact IN the most important particulars
might be adopted not only without the
consent of the people, we mean majority
OF them, but directly against their will
The consent Of the requisite number OF
States to an amendment to the Constitu-
hon, including a small minority of the
whole people of the United States might
be procured, and thus the supposed amend
ment become part of the Constitution in
defiance Of the will of Ethe people. 1t is
entirely erroneous then to consider the
people Of the United States as parties
TO the compact and if so, the proposition
of Mr.. Webster, "that ,the people of the
United States have chosen to impose con-
troll on the State Sovereignties, is alto.
gether incorrect. On the contrary, every
attribute of sovereignty which the Go
vernment of the United States posses
ses has been conferred on it by the
States, and they have by their own con.
sent, by mutual covenant, Invested them
selves Of every attribute of sovereignty
which they may not exercise. If the
people of the United States be party to
the compact, where is the other? with
| whom have they coyenanted2 The whole