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

the ether, interests rallylng
the reserved powers, the only OF protecting
themselves against the encroachuen and oppression OF
the other la such contest, without the most ciiecual
check, the stronger will absorb uc weaker interests
while the other hand, without adequate provision oi
description other, the efforts Of the weaker 10
guard against the cncroachmcuts and oppression OF The
stronger, might permanently dcrangc the system
On the side OF the reserved powers no check more et-
fectua found desired, than nuldtcaou, the
right of arrcsng within the limits OF State the else
by the General Government OF any powers but the dele
eated-a right which the States be true to then,s Ives
and faithful 10 the Constitution, will ever prove on the
side powers, protection To both
Nor the cheek ON the side OF the ecsatcd hess per
Though less strong, il is ample guard against
croacmuCns and s strong the nature OF the system
would bear, as will appear in the sequel 1t is TO he
found in the amending power Without the modification
which II contains OF the right OF selgovenment, the
part OF the States already explained the Of each
State would have been requisite TO any additional grant OF
power, other amendment of the Constitution. While,
then, Notification would enable State to the
crcisc OF power delegated. the right o' seifgovern
ment, if unmodhcd, would enable ter 10 prevent the
grant of power delcSacd aEi, thus her conception
of what power ought bc granted would be conclusive
against the cosi'cs as her construction OF the powers
granted, il against the General Government In that
the danger wonld be the side OF the States reserved
powers hoamendng power an eject corrects This dam
ger In virtue of the provisions which il contains, the
sistAncc OF state, TO power, finally prevail
less she be sustained by fourth of the co-stae;
the same degree, that resistance Weakened the pow
erO the General Gov eminent the side OF the delegated
powers i strengthened IL - true, that the right OF
state 10 arrest an unconstitutional is of itself complete
against the Governments; hut tits equally
uOHery may az greer, he determined against her, by
grant OF the contested powers by three iourhs OF the
States tis thus, by M simple, and apparently ncde
tai conrvancc, the right OF State to nuly uncOns
tuOnal essential TO the protection OF the reserved
rights but which, unchecked might much debiltate
the Government countcrpOiscd by weak cning the
energy of State in her resistance encroac
men,o the Government, or by giving 10 the latter direct
control over the States as proposed i'm the Convention bu
in manner infinitely safe, and, il may bc psrm
ted express myself scenufc, by strcng thening the
amending or repairing power-,he power OF correc,ine ali
abuses or arrangements By whatever from what
ever quarter.
To sum all in few words The General Government
ttrl i'm ha frat Of
powers, which, ii final ana conclusive, is supposed by
many would have placed the reserved powers at the
cy OF the delegated, aud thus, destroy the equilibrium OF
the System Against that, State has the night Of Null
LITIGATION. This right the part the State coun-
terposed might tend too strongly weaken the General
government aud Gerangc the system To correct this
the amending, repairing power is strengthened The
former cannot be made strong, if the latter be proper
uonahy So The increase OF the latter is, in eject, the
decrease OF the former Give majority of the States
the right OF amendment, and the arres,ing power
part oil the state, would in fact be annued The amend
ing power and the powers OF the Government would, in
that case, be, in reality in the hands. The
moy mat controlled the ono, would the other; and the
power arrested As not granted, would be Immediately
stored IN The shape of grant This modification OF the
right OF segovernmcni ON the part of the States, is in
fact, the pivot of the system BY shifting its position
the preronderance is on the side The oher or to
drop the similc by increasing diminishing energy
OF the repairing power, effected 10y diminishing or
creasng the number OF States necessary amend the Con-
sution, the equilibrium between the reserved and the
delegated rights may be preserved, destroyed plea
am aware it is objected that according to this view
one-lourth of the States may in reality change the Con-
stuiion, and, thus take away powers which have been
unanimously granted by all the sa,esThe object more
specious th1n solid The right of State not 10 resume
delegated powers but prevent reserved from being
assumed by the Government. 1t is, however, certain
The right may be abused and thereby powers be
cd which were in fact delegaed and ii also true, if
sustained by fourth OF the co-sates such resumption
may be successfully and permanently by the State
ms Is the Danger and the utmost extent OF the danger,
from the side OF the reserved powers 1t would, | ac
knowledge be desirable avoid lessen il; but neither
can DC elected without increasing greater and opposing
danger.
me right be denied to the State to defend her
denial would, in effect yield the General Government
the power, under the colour Of construction TO assume AZ
pleasure All me reserve" powers 1t IS in fact, ques
ton between the danger of the Satc1 resuminq The dole
gated powers, one side. and n a the 'I6Tmcr which
,ryaForeH 10 Illustrate IN the address of summer
shah conhne my remarks to the striking difference be-
theory OF oar Government
The right of a State. originally 10 con,ycte Golf oro
ment Is aundamenil principle in system in virtue of
which, the grant If po,rey required me consent an tb
States ,chie ,oiod ocer the diss,t oS a s; te
state 1cds sufficient 1t is true that this ORIGINAL and b
soute power of scgovernmen has been noi;f, b az
Cono as already stated, that three ourths of the
states may now grant power and consequenty requires
more than ne-iourth to Withhold. The boundary he
tween the reserved and the delegated powers marks the
limits Of the Union The States united TO the ytent Of
the latter and separated beyond that limit is then clear
mat was not intended that the States should be more
united than the will of one fourth of them Or rather ono
more Than fourth, would permit. Ii is worthy ef re-
mark that it was proposed in the Convention to increase
wOhirds of the S1tcs with the RIGHT Of amcnimen, 80
o require more IMAM thrd instead a
hoih power. The proposition rejected: and three.
Gnrts unanimously adopted. 1t is then more hostile IN
me manure ana genius 0f system 10 assume Doce,s
Ot d@egded, man to resume those that are; and less
h0stHc, mat state sustained by One furh of her co
states SboHd prepent The exercise oC p0,cey TeoU,, m
tehded Ia he granted, than that tie Central Gorey,ct
ShoWd assume the eccrciSe If p0tccrs not intended IN M
d@fSdtfd In The later The usurpaon of mower would
be against The udame nal principle our system the owl
ghd Hght OF the States to While i'm fine
ionfr' u u be usurpouon at all, it would be- if so
bo an expression may be used usurpaon i'm the shirt
OF the Constitution sclithe spirit Odanine that the ut-
most extent OF our Union should be limited bv the will Of
any number oil states exceeding fourth and that most
Wisely III country having great diversity of geo
GraPcal ana political interest, with vast territory IN
DE heu IN short lime with almost countless millions
country o which the parts will equal Empires an union
more intimate than that ordained in the Constitution and
80 intimate, Of course, hat 1t might be permanently hos
I'VE 10 me feelings OF more Than fourth Of the States in
stead OF strengthening, would have exposed the system IN
certain obstruction There is deep and profound plo.
sophy which he, who best knows our nature viii o
most hghy appreciate, that would make the intensity of
he Onon ~ may express myself inversev 10 The
extent OF the territory and The population of a countrv
ana e diversity OF sinercsts, geographical and potirai
ami which would hold, n deeper dread the assmpon nj
reserved rights by the agent appointed to execute tho de-
IGeaed man ne resumption of The delegated bv the an,
hoiy Whch granted the powers and ordained the agent
p administer them There appears indeed, he great
au prevailing principle, that tends place the delcgaied
power ID opposition 70 The dccgaing; the created TO the
creating power-rcacing Ear beyond man and his works
up he universal source of all power The earliest pa-
ges OF sacred history record the rebellion of the Arch
Eti7 "gNns the high authority Of Heaven ITSELF and an