Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-10-02

Your patience has been so heavily taxed nv the late
oppressive session OF Congress- Oppressive in every
OF the term) that feel some scrupe in placing under
the requsion which my request is about to Impose on
you but il you could find leisure this summer for NV
private satisfaction and information fill out your argu-
men THE last year, by going somewhat more into detail
both as TO the principles and consequences of ulcaon
you would add TO the many obligations of friend
ship owe you As shall be, during the residue ofthe
summer in Charleston, he pleased direct to that place
remain, my dear Sir, with great esteem,
Yours, faithfully and respectfully,
J. HAMILTON, Jr
Hon. J. c. CALHOUN, y. p. efMe u. States.
FoRT HILL, August 2Sth, 1882
Ny Dear Sir: have received your note OF the 3lst
July requesting Inc TO give you fuller developement of
my views, than that contained my address last summer
on the right of State defend her reserved powers
against the encroachmenis of the General Government
AS fully occupied as my time is it douby So the
quarter from which the request comes with my deep con-
victon of the vital Importance OF the subject, would ex-
act a compliance.
No one can be more sensible, than | am that the adj
dress oil last summer fell far short of exhausng the
Ject 1t was in fact intended, simple of my
views felt, that the independence and candour which
ought TO distinguish one occupying high public station
imposed duty on me TO meet the call for my opinion by
frank and full avowa OF my sentiments REGARDLESS of
consequences To fulfil this duty, and discuss the
subject was the object of the address. But making
to expect full discussion the present occasion What
propose is to touch some Of the prominent points
that have received less of the public attention. than their
importance seems TO me 10 demand.
Strange the assertion may appear, il is nevertheless
true, that the great difficulty in determining, whether
the General Government or in fact any right all beyond
those OF corporation il bring the public mind In
eaze plain historical facts, connected with the origin and
formation Of the Government Till they are fully under.
stood, II is impossible that and Just view can be
taken OF the subject In this connection the first and most
important point 20 ascertain distinctly who are the real
authors OF the Constitution of the United Sates-,yhose
powers created it-whose voice clothed it with authority
and whose agent, the government it formed, in reality is
AT this point commence The execution Of the task which
your request has imposed.
The formation and adoption of the Constitution are
events recent and all the facts so fully attest
co. That 1t would seem Impossible, that there should be the
least uncertainty in relation TO them; and vet Judging by
what constantly heard and seem there are few subjects
on which the public opinion is confused The most
indefinite expressions habually used in speaking Of
them Sometimes 1t is said, that the Constitution was
made by the States aud At others os if i'm
by the people, without distinguishing between the two
very different meanings, which may be attached to those
general expressions; and this, not in ordinary
o but ~ grave discussions before deliberate bodies and
M judicial Investigations where the greatest accuracy Oh
so important point, might he expected parcularv as
one or the other meaning is intended, conclusions the
mos Opposite must follow, not only IN reference TO the
subject of this communications but TO the nature and
character OF our political system. BY state, may be
meant, either The government OF STATE, the peo
pie as forming separate aud udo pendent community
and by the people either the American people taken col
ectvely forming one great community or os The eo
pic OF the several States, iormiDg above stated sepa
rate and independent communities. These distinctions are
essential in the enquiry If, by the people, be meant
the people collectively, and not the people of the several
States taken scparatey and, if he indSed that the
Constitution is the work of the American people colec-
uNeyj " originated with Them, and derives its authOr-
rom uclr WILL then there Is an end OF the argument.
The right claimed for State, of defending her reserved
powers, against the General Governments would be an alb
surtty Viewing the American people cOllectivclv AS
The source OF political power the rights Of lhe States
would be from the common
majority, and I've revoked bv them with the Sane
facility that they granted. The States would.
on this supposOn bear the Union the same relation
that counties do to the States; but would that case he
Just prcpOstcrous resort Modification on the par,
OF State against the General Government az that of the
counties against the States themselves That large por-
ton OF the people Of the United States thus regard the re-
Ialon between the State and the General Governments in
GLIDING many, who call themselves the friends state
rights and opponents OF consolidation, can scarcely be
doubted, as II IL only HAT supposon can be xpl,n-
ed that many Of that descriptions should denounce the
doctrine for which the State contends, absurd But
fortunately the suppOsOn is entirely destitute Of truth.
30 lar from the Constitution being the work Of the Amc-
rcdn people collectively, such political body now
or ever did exist In that character people Of Ibis
country never performed single political act indeed
cam without an entire revolution, in all our political rca
lions.
challenge instance. From the beginning, and in
all the changes Of political existence, through which we
have passed the people Of the United States have been
united, as forming political communities and not indi-
viduas Even in the first stage Of existence they form
ed distinct colonies, independent oi each other and pci-
caly united only through the British Crown In their
first informal Union, Tor the purpose OF resisting the eg
croaChments Of The Mother Country they united as dis
inc political communities; and passing from their colo.
NAL condition. in the announcing their inIcpcndcnrr
to the world, they declared themselves bv name and
enumeration free and independent States In tina, cha,
acer they formed the old confederation; and when il was
proposed to supersedc the articles Of the confederation
by the present Constitution, they met i'm Convention nd
when formed. submitted Tor ratification 10 the pcoplc
Of the several States IL ratified by them as States
each State fO itself each by s ratification binding its
own citizens the parts, thus separately binding them