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

u
oh 10 nc ordained by the people of me United States,
ana IN The article OF ratification when ratified is decar
cd Lo oe o"dmg 6etreen me States SO rot3ying." the
conclusion inevitable that the constitution the work
oil the people of the Stacs considered as separate and in
dependent political communesthat they It's authors
power created it-their voice clothed it with au-
Ihory-tha the Government il formed is in reality their
agen-and that the Union OF which il is the bond is an
Union of States, and not of individuals No one who r
CARDS his character for intelligence and truth has ever
Ventured directly 10 deny facts certain; but while thew
are too certain for denial they are aso loo conclusive ~
favor OF the rights OF the States, for anis The usual
course has been adopted eude what can neither he de-
ed nor admitted; and never has the device been more
successfully practised BY conlounding States with State
governments, and tie people of the States, with the
American people collectively things, regards the sub
Ject OF this communication totally dissiiuSr az much so
- uanse ana square, facts OF themselves perfectly
certain ami plain, and which, when well understood,
must lead 10 correct conception OF the subject have been
involved in obscurity and my sery.
VIII next proceed to state Of the results which
necessarily 'oow from ihe facts which have been estob
The rst, and, in reference the subject of this com.
humca'on the most important is, that there no direct
and immediate connection between the individual citizens
oil State and the General Government The relation he
tween them through the State The Union is an union
oil States, communities and not an union of indivii
ais AS members OF State, her citizens were originally
SUBJECT 10 no control, bot that State; and cod la
SUBJECT TO no other except by the OF the State itself
Inc institution was accordingly, submitted to the States
Tor her separate ratification; and was only bv the ,t
hcaon OF the State that its citizens became subject to the
control oil The General Government The ratification Of
any other or all the other States without its own could
create no connection between them the General Co
slightest bli0ati
"Nnout .he Iahhcaon oil their own State, they would
stand in the relation the General Government.
40 me cizcnS or subjects OF any foreign State; ard
we ma me cuzens OF North Carolina and Rhode Is
land actually bearing that relation the government for
some Time after il went into operations these States hay
ing III the rst Instance, declined 10 ray Nor had the
act OF any individual the least influence in subiecrr him
TO the control OF the General Governments excep as il
might influence the ratification of the Constitution Inv his
own State Whether subject TO its control or not depend
ed wholly on the act of the State His dissent had not the
least weight against the of his State, nor his assent
that the act OF ratification bound the State as comInu
nifty as expressly declared in the article of ratification
above quoted, and not the citizens of the State indv
uus'S' e Iaer Delhg bound through their State, and in
consequence OF the ratification of the former Another
ana highly important consequence, regards the sub
Ject under investigation, follows with equal certainty tat
on question: whether particular power exercised by
The General Government, be granted by the Constitution
belongs 10 me State as member Of the Union, il her
sovereign capacity, in Convention determine de rye
w as Tar as her citizens concerned the the
obligation which she contracted; and if in her opinion
the act exercising the power he unconstitutional to de-
clare 1t null and void cch declaration tcOud be 06ga
tory her citizens In coming to this conclusion nav
he proper to remark to prevent sre prese that
20 not claim for State the right abogate OF the
General Government 1t is the Constitution that annuIs
an unconstitutional act Such is of and
OF no effect What Claim is the right OF the State as far
as its citizens are concerned, to declare the ertent Of the
Oogdtion, and that such declaration is binding ON feu
"a right, when limited 10 its citizens flowing directly
from the relation of the State the General Government
on The one side and its citizens the other as already
explained ana resting on the most plain and solid
Passing over, what OF itself might considered conc
obvious principle, that belongs TO the authority
winch imposed the obligation TO declare extent as far
as those concerned whom the obigstion placed
Shall present single argument which, itself is deci-
sVe' nave already shown, that there is 30 immediate
connection between the citizens Of State and the Gene
RAJ Government, and that ths relation between them is
through the State, have also sLewn thai ~ ba,eveg
s"ohS where imposed on the citizens, were imposed Nv
ne declaration OF the State fatifyng the CONSTITUTIONS
similar declaration by the authority made with equal
solemny, declaring the extent OF the obligation must as
lar as they are concerned he OF equal authority speak
OF course, the suppos9n that the gh has not been
transferred, as will hereafter be sewn, that IL has not
C',%eh would nave no more night TO question the one,
than lac would have the other declaration They rest ON
the same authority; and he bound by the declara-
uoh oil ms State asserting TO the Constitution whether he
aSsented or dissened, would nc be equally bound bv
declaration declaring the extent of that assent whether
opposed TO-, in favor of such decaraon I'm this con-
cluson, supported by analogy The case of treaty.
between Sovereigns is strictly analogous. There, ms ina
this case the State contracts, for the citizen mr. snbicct
there, as in this the obligation imposed by the State and
is independent Of his will and there in this the dccia
ration OF the State determining the of the obga-
non contracted, as obligatory on him. much the
treaty Itself.
Having now, trust, established the very importans
point, that the declaration Of State the extent OF
me power grahedls obligatory onits citizens shall
proceed to consider tho effects of such declarations in re-
terence 10 the General Governments question which nc
cesSary involves the consideration Of the relation between
aud the States IL has been shewn that people of
the States, acting distinct and independent comun-
ties are the authors Of the Constitution, and that the &C.
neral Government organized and ordained by then,
to execute lis powers. The Government them with all of
its Departments in the agent of the States const
ued 10 execute their joint will expressed the Con-
stituton.
In using tic term agent 10 not intend to dcroeatc in
any degree, from lis character Government is as
truly and properly Government, are the State Go
vernmcnts themselves. have applied IL, simply because
strictly belongs 10 the relation between the General Co
vernmc"t and tic states, in fact il does also that
between State and its own government. Indeed, ac-
cOrding 10 theory, Governments their nature
but trusts, and those appointed administer them trus
tees or agents TO execute the trust powers The sove-
cignty resides csewherc IN the people, in
verumcnt and with ms, me people The peopic of
The seucTdi States originally formed into thirteen distinct
and independent communities, and now into twenty
four Politically speaking, i'm reference TO cur own
system, there are no other people. The General Co
vcrnment, as well those Of the States is but the
organ Of their power; the latter lha, OF thcr respective
States, through which exercised separately that por-
ton OF power not dele gated by the Constitution and in the
exercise OF which, each stale has local peculiar
iecsi the former the joint organ Of al tie States cOne-
derdIed into one general community, and through which,
they jointly and concurrngy exercise the delegated pow.
ers, ~ which all have interest Thus viewed,
the Constitution Of the United States with the Govern
mcnt II created, IS truly and strictly, the Constitution Of
each State, as much AZ its particular Constitution,
aud Government, ratified by the authority in tho
mode, aud having, lar its citizens
ed IT'S powers and obligations from the source dif-
leing only IN thc aspect, under which considering
The subject in The phgbted fh Of 'ho STATE TO its
states, and Of which, Gar is citizens considered
the Sttic ia TIC last resort, Is The exclusive Judge.
Such then, Is tie relation between the State and Gee
neral Government whatever light wc may consider tho
Constitution whether compact betweenthe States or
Of the Of tho legislative by the Joint and
concunug authority Of The States, in their high sovereign