Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-10-05

cessSion. In the stated should the o,l,sr So
10 grant the power nuGed and should the ma
ure OF tue power be such TO de/eGt the object of he
association, or anton, least lar as the enbeT mi
nylny Is concerned would then become an abuse Of
power on the part OF the principals; and thus pesnt
case where secession would apply; but in no onlJ
DC lusuhed eNceptit be for failure the associaom
or union to effect the object which was created in
! dependent of any abuse of power
inow remains to shew, that their effect is as tssiui
lar as their nature or object.
Modification leaves the lnenbers of a.. o..o;.,;.
on, IN he condition found them, subject all its bur
u.s. anu cnied 10 all It's advantages, comprehending the
member nullying well the Others; its olec Ls;r
not TO Destroy but to preserve as has been staiI II
ply arrests me act OF the agent, far as The prncpaI is
concerned leaving in other respect the Of
he JOINT concern before secession on the contrary
uoys' as lar as the Withdrawing member Is conccnal
me association union, restores him IN tc ol,,;
nc occupied towards the other members before e xit
snce oi the association union lie loses The benefit
butts released from tile bur,cn and conuo. ami can %
members. '' a. o'' VI us
Such are clearly the differences be,,ycc, ,bor, ,,r
'efehees SO marked, that instead of being identified as %
posed they form contrast in all the aspects IN ,yhh
.hcy can be regarded The application of these remarks
70 ne Pohcai association, union OF these twentyfo
STATES and the General Governments their iont a1,,t -
700 obvious after what has beeu already said TO REQUIRE
any additional Illustration; and will dismiss Ills nam az
'he r SUBJECT, with single additional remark
mere are many who acknow ledge The rght of State
ol deny lis right to nuily; aud yet, seemsim
pa 10 "uult he one, without admitting the other They
pom prc-suppose the structure OF the Government
'nat IS Cnion Of the States forming political connn
'iS same right on the part Of the States as mem
DerS oil the Onon TO determine for her citizens tbe c>
tent oil the powers delegated those reserved and Of
course, TO decide whether the Constitution has ~,
been violated. The simple difference tIcn be,,yonm
those who admit secession and deny nulli6c,tn All
those who admit both, is that one ncEnovl,ios ,h, %
ueciarauon oil State pronouucing that the Conniion
has been violated and is there fore nun and voiJ ,olI
on her citizens, and would all The acts
oi lne Government, within the limits the State willie
they deny, that similar declarations made by HE same am,
hoy' ana IN the same manner, that an act of The Co
veument has transcribed its powers and that il il tbno
lore, null and void, would have any ob;gation. ,h I
oIher acknowledges the obligation in both cases The one
admits mat the declaration OF State asserting TO fine Con-
J'1n oouIu her ciuzens and that her declaration can
uhbind them; but denies that similar decIpration ~ 80,
he extent she has IN fact bound them has any oblaaorv
ioce on them; while the other gives equal force 10 M
declaration in the several cases.
me one denies the obligation, where the object is 10
preserve me Onton IN the only tcdV IL can be bv CON
hmlg me government formed TO execute the trui uoy
e strictly within their limits to the objects for which
they were delegated, though thew rive fin orco ,rh
the object 10 destroy The Union ifseIf ybc & th
IN giving equal weight TO both, prefers the one because t
P.S9ees, ana REJECTS ne either because it DESTROYS and
yet me former is The UAiOn and the latter the ,isnior
parry! And all this strange distinction originates as f
as can Judge In attbuing to nullifcaon hat belongs
exclusively to secession The difficulty as TO tc former
a, M on :, "a, SAFE cannot be in and or c Union
a. % ne u ,I M ls 'nuegI' cue, il applied
seq. 10 nuliy the Constitution, if NAV be par,Jonad
the soecTsn, would indeed be tantamount To- dis,o J
but The act wouuue secess,j he true that Sat-,
but TO apply qualifications properly understood, the
OBJECT oil which, instead OF resisting diminishing the
powers OF the Union, is TO preserve them they are
neither increased nor diminished and thereby the Union
itself (ior the Union may be eccfuay DESTROYED by
increasing as by diminishing its powersby consolidation
as by disunon i;seIi0 would be, would sey, he'd | not
great respect Tor many, who do thus apply it, GORGEOUS
tiiiing with grave and deeply important constitutional
subject.
might here finish the task which your eques mpos-
ed having, trust, demonstrated, beyond the power of
euauon that State has the right defend her rosery
ed powers, against the encoachIncnt the General Co
vefnmen and may add, that the right its nature
peaceabe, consistent with the federal relations of the
STATE and perfectly efficient whether contested before the
courts or attempted TO be resisted by force But there G
another aspecto The subject yet touched without ad
veriing to which il is impossible understand the full
effects oil Nuhhcaon or the real character Of poll
ucal institutions alude 10 the power which The States
as coniedera'ed body have acquired directly each
oher ana on which Will now proceed to make
marks, though fear at the hazard of fadguing You.
Previous TO the adoption OF the present Constitutions no
power could be exercised over any State, by any oter
or all OF the States without its own consent and we ac-
cordingy, find that the old confederation and the present
Constitutions were both submitted for ratification ~ ch
OF the States and that each ori,se and was bound
only IN consequence OF its particular ranGcaion as
has been already stated The present Constit,,c, bs
nadeln ihls particular, most important mod ication in
their condition. alude the provision Which gives va
dily TO amendments Of the Constitution when ratified by
three-iourhs oil The Saesa provision which has not at
iracted much attention as its Importance deserves
Without it, change could have been made in the Cons
tnon unless with the unanimous Of al the States
IN IKE manner, as it was adopted This provision them
contains highly important Concession by each 10 ali Of the
States OF portion OF the original and nhc rent ri Int of
seIIgoVernent possessed, previously, by each sepa-
rately, in favour Of their general confederaed pow
ers, giving thereby, increased energy the States
in their united capacity, and weakening Them i'm f,e
same degree in their separate. Its object was TO
facilitate and strengthen the action of tie amending
or Oo speak little more appropriately il regards
the point under consideration The yGpairne pODer-
was toescen, that experience would probably disclose
errors il, the Constitution itself that lime q,o,lr
changes in the condition of The country which would re-.
quire spending changes in tho Constitution hst The
irregular and conflicting the bodies com
posing so complex system, might cause derangcmcnts
requiring correction and h8t require fe unanimous
consent oia the States these conngelcies
would be placing TIC whole too much under he control
the parts TO remedy which, this additional power was
given TO the amending orrePIiring powcris vis aedi
edirir Of the system.
To understand correctly the nature Of this concession
We must not conound II with The delegated powers con-
iered the General Governments and to be xercised bv
IT, as the joint agent Of The States, They are essentially
different Tho former is in fact but notification of Tho
original sovereign powcf residing in the people OF The SCI
verdl Sates-oi The creating Constitution. making
P0'Cer ttseD, intended, stated, tn Facilitate amt
strengthen ITS action and nat change its cbayacfcy
Though mOdifed II ispot dcicgafed. II stH resides in
me states and is siW ~ be ercised by them, and not
by me Government
propose next 10 consider This important modification OF
the sovereign powers Of The States in connection y the
right OF Modification.
Itis acknowledged, all Sides that The duration and
stability OF system depends on maintaining the eqi-
h0r'um between the States and the General Government
The reserved and delegated powers We know that the
Convention, which formed The Constitution. and the van-
ou State Conventions, which adopted it, lar we are
informed Of their proceedings felt the. deepest sohcule
on this point They and felt there would be an in
cessant conflict between them, which would menace the
existence Of the system itself unless properly guarded
The between the States and General Government
the reserved and delegated rights-w in truth be
conflict between The great predominant Interests Of the
Union, side, controlling and directing the move
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