Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-08-16


through what Department. the right Of determining
exclusively aud hnally tbs powers de gated TO it,
Incompatible with the sovereignty OF the States, and OF
the Constitution ITSELF considered the basis OF Fed
etai Union. As strong 90 this language l., il il not
stronger than that used by the iliusirious JsHersou
who raid, to give the General Goverom ,rt the ina
and exclusive right TO judge Of its powers 10 10 AXE
'its discretion and not he Constitution the OF
its pow and that "iu all cases Of compact between
parties having common Judge, each party / as an
equa right TO judge for ITSELF as well OF the operation,
as oil The mode, AMI measuI es and sdress Lansua
eAuhot be inoss explie nos can higher au,hoiiy be
adduced.
That different opinions are entertained on this subject
consider but additional evidence OF the great di-
crsi,y OF the human intellect. Had not able expert
enced and patriotic individuals, for whom | have the
highest respect, taken different views, would have
thought the right too clear 10 admit of doub but am
taught by this, well as by many similar instances TO
treat with Difference opinions differing from my own.
The may possibly be with me; but, il so, | can
only say, hat after the most mature and conscientious
examination, have not been able TO defect il. But
with all proper Difference must think that theirs is
the error who deny what TO be essential atri
butte oil the conceded sovereignty OF the States; and who
attribute TO the General Government right utterly in
compatible with what all acknowledge TO be its limit
ed and restricted character originating princi
paliy, as must Think in not duly rejecting the
lure oil our institutions, and what constitutes the
only rational object OF all political constitutions.
lthas been well said, by of the most sagacious
men OF antiquity, that the object of a constitution is to
RESTRAIN the Government, that OF laws is TO restrain
individuals The remark is correct is il less true
where the Government is vested in a majority than
where il is in single few individuals; in repub-
Ic than In monarchy or aris,ocracy. No one
have higher respect for the KIM that the majority
ought TO govern, than have taken in its proper sense
subject 10 the restrictions imposed by tue Constitution
and confined TO subjects in which every portion of the
community have similar interests; but is great
10 suppose, as many do that the right of a majority 10
govern is natural aHd not conventional right and
therefore, absolute and unlimited. By every
dvidual has the right TO govern himsel and Govern
ments, whether founded on maiorities or minorites
must derive their right from the assent, expressed
implied OF the governed, and be subject such lim
tauons, as they may impose Where the interests are
the same that is where the laws that may benefit one
viii benefit all, the reverse il is lust and proper TO
place them under the control OF the majority; but where
they are dissimar that the law, that NAV benefit
one portion, may be ruinous another it would be on
the contrary unjust and absurd TO subject them TO its
wil and SUCH 1 conceive 10 be the theory ON which
our Constitution rests.
| That such d'slmlsriiy Of Interests my exist, il i.
Impossible 10 doubt. TDey TO be found in every
community in greater, or lefs degree, however small
or homog and they constitute, every where,
the great difficulty OF forming, and preserving free in
shuiions. To guard against the quail action of the
laws when applied TO dissnilar and opposing interests
49, Ia iAc what mainly readers constitution indspcn-
sdbls 10 overlook width, in reasonpg on ous Consu
ton, would be 20 omit the principal riem by which
TO deterhiins lis charAcief-Wers the re no confae-
~ oil Interests, nothing would be Simple and easy
than 10 form and preserve tree institutions. The ris
OF suffrage alone would be Sufficient guaranty. 1t
10 The st OF opposing eresIs which rendc rs il the
most difficult work OF man.
Where the diversity OF interests sis In separate
and dsuncl classes OF the community is the case 10
England, and was formerly the in Sparta Rome and
most OF the free States OF antiquity, the rational cons
toDal provision s that each should be in the
government, as sepiras estate, With dsIinc, voice.
ana negative on the acts OF it's order TO
check their eneroachmsns. Ia Eoe land, the eonsu.
ton has assumed expressly thii orm while in the 60
vernments OF Sparta and Rome The same hing was f.
Ieeied under dhAfent bur not much less eifieacous
iorn' The perfection Of their orgao zaicn in this par
tcular, was That which the Coz tuition OF ia
renowned es all OF their celebrity which secured
ma an4r
so great height OF power and prosperity. Iodeed,
constitutional provision giving TO the gre
Interests OF the community the right of cien
must appear to those ho m duly ref ,ci the sub
Jec not eSs essential TO the reservation of liberty
object. 10 ,&.snIhsy odg s fsf sss
as the other; TO secure Fespsnsbiy is dat hose
VINO make and execute he lava should be accountable
10 those on whom the laws in reality op,ate; The enIy
solid aud dprabs foundation of liberty. II without II
rSn oil age our ruers would ofpess us, So with
out the right OF selproie eOn the M 1r would equal
ly Cypress tho minor interests of the community The
absence OF the former would make the governed
ieresls The victim Of the stronger.
| Happily for us, have no artificial and senarate
classes OF society. We have wisely exploded ali ssch
isuhcnohs but we are not, on that account, exempt
rom all con!rarety OF interests, the present dis
racted and dangerous condition of our country unfor-
tunately but too clearly, proves With us thew are
almost exclusively geographical, resulting mainly from
GlHerence oil climate soil, suaon industry and pro.
ducon but are not, therefore, less necessary to be
projected by an adequate constitutional provision than
hee INC usuhct interests exist in separate classes
ne necessity Is, in TRUTH greater, as such separate
ana dlssmllar geographical interests are more liable 10
come into conflict, and more dangerous when
IN mat state, than those of any other description so
much so, that ours is the first instance ON yeco,d
cheTe hey haze nOtfmed, in an ertensivs teryitory
separate dd independent communities or suBiecf9d
me dchote TO deSpotc stCIyThat such nav not be our
unhappy "a also, must be the sincere PRAYER of eve
ry lover of his country.
SO numerous and diversified are the interests Of our
country that they could but be fairly present
uiyol
each great and leading interest separate and dsfinc,
voice, as IN the Governments which have referred
plan was then adopted, better suited to our situation
/ Out perfectly novel in its character. The movers oi
the Government were divided as heretofore in re-
ference to classes, but geOgraphicaly One General
Government was formed for the whole TO which was
ueegaed all the powers supposed 20 be necessary TO
regulate me Interests common TO all of the States leaving
ohers SUBJECT 10 the separate control of the States helm
from Their oca 4 peculiar character such chat thew coui
not DO subject 10 the will of the majority of the whole
Union, without the cera hazard Of Injustice and ON
preston IL was thus that the interests of The ygloI
were subjected they ought to be- to the will Of The
whole, while the peculiar and local interests were left
under the control OF the States separately TO whose ~
tody only they could be safely confded-This dstrib,
ton OF power, settled solemny by constitutional com
pact 10 when an OF the States parties, constitutes
the peculiar character aud excellence OF our poIiicaI
system. 1t is truly and emphaucally American ,oifh
out Example or parallel.
10 feaIZs lie psrfecion, must view the G.neraI
Governments and the States as whole each in is arm
per 'pn'rs, sovereign and independent each perfectly
auAped 70 'beir respective otjscr; the States aedng
separately representing ard protecting the IocaI and
peculiar initreSs; acting jointly through one General
government with tbs weight resp, tvelv ,ss en.d IA
each by the Constitution, presenting and
the interest OF The whole; and ihm perfeetnT nv an
admirable, bui simple arang,msn The gtesi priucipl.