Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-07-28
JIIDGE SENPI.E

I
For moro than twenty years, this gentleman has
been clothed in crmine, circumstance more cal
| culated to inspire him with patient feelings and
cool investigation. Recently his robes of office
| have been taken from him, and no sooner is this
done, than he enters again the political arena and
| engages i'll the fierce strifos of the timcs-Judge
| Semplc has presented and carried, preamble up.
on the subject of the tariff, before the people of
Jamos City, at their court house in WILLIAMSBURG
which seems to invite some notice. Whatever ar.
rors may have marked the course OF Others in ex-
pounding the Constitution of the u States the
classic ground, on which the Judge stood, when
he was sustaining his preamble and resolutions
ought to have admonishcd him. against running
into the sumo wildness but no such admonitio1
seems 10 have seized upon him. and he has fallen
INTO the general cry of the South. l think tho
construction which the Judge has given to the con-
stitution is wrong, both to it's history and its
language, and this shall endeavor to shew
Inc preamble offered by the Judge sets out with
| Oota nsS"mPtion 1t says the government of the
United States being created hy sovereign states is
federal and not Il national government admit
II these premises were true, the conclusion would
follow; but deny that the government of the u
States was created by sovereign states; and the
least attention to its history will demonstrate it.
The present form of government was for the
trSt time, conceived by the delegates that met in
general convention in Philadelphia, on the second
Monday IN May, 1887. This convention had been
chosen by the states, not to form a new govern
ment, but for the cypress purpose of revising and
amending the old driicl Of confederation SO as to
make them, III the language Of their appointment
" adequate to the exigencies of the Cniau."-By
an article IN the then confederation tho states
possessed the power to amend tho articles of con-
fedcrutlon III the form therein prescribed and
IheTG0re, tho appointnlon mt of the delegates for
fn0t purpose was perfectly authorised. After the
general convention had assembled in PhadeIphia
and after they had fully considered the articles of
umoni to amend which, alOne the object of
their appointment, they solemnly resolved to cast
away the old articles of confederation: as being
ab1.f. Il
an entire now form of governments; not to be sub
united 10 the States for their uprobaton rs would
have been the case, if tho articles of Union ha d
been amended, for which alone, they were dcDuted
by the States, but to the people of each State act
ing dy coareni0n, for their, the peoples, approba-
ton. As soon the general convention came to
tins resolve: many members of the body left their
seats declaring that the convention had departed
from the object for which alone they had been as
sembled, and that such violation of a great public
trust should not be sanctioned by their presence-
Among the members who left the convention were
ihr' Yates and MIR. Lansing of New York The
convention knew that it true as CHARGED that
lhey had departed from their powers, and assumed
new and unauthorized ones and they intended 10 do
So They saw tho impossibility of getting along
. under the articles of confederation, which was
plhly confederation of states; and as they were
b then assembled together: though for another pur
+ Pose' they resolved to take upon themselves the
responsibility OF fraRlHg 4 form of Union:
and that the power which they had usurped miOht
not be complained of, they resolved that the con
ssitutlon which they had both coaceced and formed
should 30 transmitted to the people ofthe u States
LOT tholr appreciation; and a convenient form of
getting the sense of the whole copy of the new
FORM OF government transmitted to each Ia
gSlatuFe, with request that it might be laid be-
lofe convention Of the people, for appreciation or
reJectlon In pursuance this request made bv the
general convention, the new form of Government
s was submitted to the whole people Of the u States
acting ny cOnUentioas state, except r. Island which
state seems to have had agency in any part of the
If MI! ,tal, ,l,--, 1
JOIN the new form of Union. In tho yirginie Con
ventlon, Mr. Henry attacked the Constitution with
great earnestness declaring that it was a consoL
dated government of the 1ohole peoDLe and NOT
contederacy. lie replied to by Mr. Madison and
Gov Randolph, (tho latter of whom presented the
hrst draft of the present consttuton,) and neither
!, Oh these gentlemen denied that it was a govern
Ihcnt OF the whole peoplc,-cn the contrary, this
was known TO every body at the time, and none de-
= hlod 1t. 4 coRfedoracy of the States had been
trled, and 1t was "fOund wanting" The Conven
lloh then determined to try principle of go
soInlient' ana In place Of aconfederacy of States
nave government of the whole people
In the Virginia Convention whilst much diRSc,1
| y existed upon the subject, Mr. Wythe moved a re-
solution that whatever powers should be granted to
IHic new government, should be considered powers
gnr"e" Cy me Peopte to the govornnient-
Inns resolution was adopted by a majority of ion
Votes' and very soon settled all the difficult oues
| uons The States did not perform any sinrlc act
oy winch they can claim TO have given any povyers
~ '''O nc" government Tor indeed will make hold
70 say that thoy not parties and therefore had
| 20 powers 20 give. will ask Judge Semple what
independent, substantial act, did the States
perform III their corporate character, so AZ
| 10 make them parties to tho Constitution =
Ihey had no agency whatever in rnaI1Dp the instru
mcnt; and the only part they had in ratifyiu il wa
70 pass laws nstructng the States to choose Nom
oers OF Convention; and they were the organs corn
nuhicatlng to the old Congress, the acceptance Of
'Ho new government, by the people Of their res
Pcctlye states. This is all the states did ms Sttos.
ana presume that 20 politician will risk bimsclf
so lar as 70 say that if this be true the Sfafos 40
Smch can DC claimed AZ parties to the Constitution
INC tonsttutioH begins by declaring l,v WHOM, il
'EWade; 1t begins with This language t.IVe the Dco
pc ~ the bHtcd %tGics," in order 70 effect certain
purposes, do make md ordaiu this Constitution
'egnning with this plain Sociaration the princ;
pc "8S hcId IN view in every subsequent stage Of
It's process, and indeed universally ndrnfiod NJ
mat day The great question before tic pcople yyos
ShaH We continue tho confederation Of Stotoe ne
FORM OF government or shall we substitute for i
q government Of the Uhois peopIc. This was tbc
"''unclion plainly taken, and not denied The
people decided that they would rcpudiatc the state
conederacy and principle, md take a government
winch was formed by themselves, which s!,ouId on
crate upon themselves and in which, themselves
only should be considered involved as parties
Ihese views might be greatly extended and en-
iaTged; but tins cannot be done in a noyysDapor
Judge Scmplcs preamble next assumes and as
N:ff fIC (tcr.,