Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-03-07

] he Sc
nator Nr Calhoun) equally true Is it true that there ia
no other sovereignty, known our political system than
mat winch resides III the people OF each State disfincy7
ANA here sir, as the chief source Of difficulty in discus
sions OF this sort is in the vague use of terms let us fix
what we mean by Sovereignty. The elementary idea of
sovereignty is that OF supreme uncontrolled Dorer and
when applied TO political organizations agree with the
honorable Senator from South Crona r Calhoun that
it cannot, with propriety be predcaeJ of govemnen,
winch delegated aud limited trust, but that it resides
exclusively in the body of the conunitv which creates
ana establishes the government readily grant, then,
That The Government oil the United States possesses no so
Veregnty The honorable Senator (AIr Calhoun seems
TO have supposed that this being admitted it would ne
cessaily follow that the only sovereignty known 10 our
Poca system Is IN the Peopie NJ each State distinctly,
there being, lac contends, other people accord
S 10 us "ue theory Than The people of the several States
separately considered But, sir, this argument obvious
~ overooks tie peculiar nature OF complex orvauiza-
i'n' winch embraces two distinct species OF communities
me separate communities, called the States, formed by
the Individuals who compose those States,iresnecvey
ana 'ne general community, called the United States
formed by the association all the States into uoci
Gmon there Is one body polite community as
clearly resulting from the OF States i'm the ON.
case as there Is such body poll ic community resul il =
from the association OF individuals, in the other I'm a
oody oil The community the sovereignty OF each sy m
resides that OF the federal system, in the comn,u ty
called the United States that of State system in the
oouy oil ,he community called tie Stale. You will
mark, Mr. President that here speak of the United
States as con'radistiDgu from the government Of te
Ohl'ed S'ates; and contend that the United States
as used In our political nomenclature one body
PohIc' one integral community, @lIhough a commuuity
composed OF States in which sovereignty resides, TO
certain purposes, truly il resides in the States or
several communities composed OF individuals the pur-
poses oil their organization
should think necessary Mr. President IN I,vau
on an idea which, to my mind, is obvious did not
KNOW na the suggestion OF any unity in federal
ganzauon had recently given rise much
and If we did not live in times when the best settled
principles have been boldly called question 1t NAV not
DC ainss therefore, TO bring lew proofs the support
OF what have venured TO assert-that the United States
do form to certain purposes communiyone integral
political body We all agreed that the United States
form confederate republic. Now sir what is he do,
hnltion OF confederate republic by that writer who
among the political philosophers of modern times seems
TO have best understood characteristics and m have
most Justly appreciated its advantages? Monesqueu saws
"a confederate republic is convention by which several
smaller States agree TO become members larger one
winch they intend to form. Ii is kind of assembage of
societies. that constitute new one" sc. The writer's
OF the FederdiiSt in the 9Th No. referring TO what Mon
tesqUieu SAYS this subiec add 'The d. 6ui,i n Of a
confederate repub c simply IAN assenbage of
societies. association of two or more Safes nt on
State" ~
But, sir, let appeal to a distinguished authority
which is often invoked by Tie politicians Of South Caro-
una ana ior winch challenge portion OF their respect.
a. ~, NC Peeo"t occasion Mr. Jefferson. sir. le,iOr
MT. Edmund Randolph, which will be found in the "a
VOL oil ms published correspondence, written on the 18Th
1922 IN e very crisis OF that great strugee for
constitutional principles which terminated i'm the civil re-
vouLon OF iSOi and when he must be supposed to have
weighed wen all the bearings OF his words uses the fol-
lowing languogo etore the revolution there existed
no such nation as the United States 'I.~y "n s' ecu
ISOLATED as nation but for special purposes ONLY T6ev
had all their laws to make, Virginia on her first
establishment as nation. But they did not as virginia
had done proceed TO adopt whole system of laws ready
made TO their hand. As their association AS nation was
only for special purposes" sc.
Sir, it would I've easy shew If the time Of the Senate
were not too precious 10 he in unnecessary dis,
CUSTOM that the recognition here made of the EuifeR
H'dfe oSJ0TmS one nation for certain purposes is Of
particular weight, from the of the question which
MT Jefferson was then discussing which would havc
rendered his course Of argument much shorter and sim
pier If he could have denied altogether The existence of
any national inliv duality in the United States
But, sir, without insisting the particular WEIGHT of
Mr. Jcicrsous authority, in this view it, would ask if
the same language has not been habuay by all of
our great men who contemporary with The formation
OF the constitution, and with the vital questions of con-
srucuon 10 which the first years its operation gave
rise! We all remember, Mr. President, that Cen Wash
ngton, III that noble monument Of patriotism and wisdom
his farewell address, speaks unity of government
which constitutes Peopl aud of the States as bound
together by can indissoube community of interest as one
nation" Mr.. Madison than whom certanly no hi,Je
authority can be appealed to- in regard to that constitution
which is the workmanship OF his hands thus writes
in his letter to the Editor Of the orth American Review;
"lhe constitution of the u States, being compact among
the States in cir highest sovereign capacv aud con-
siitung the peeps thereof people Tor certain purpo.
seq, cannot he al cred annuIl,d will Of the States
Individually AS the constitution OF State may be at its in
dvilua will"
Put why add TO this liz. Of dis inguished authorities
farther ihan 10 cite he aukor the honorable Senator
from South Carolina himsoR n his letter to Gov Ham
ilton, Published during tie list sumner find the tot
Lowing passage; the General Governe nj is the Joint or
Of all the states condeated into one general com,
muify." And again "ln The execution of Il delegated
powers, the Union 10 longer regarded in reference to
tis parts, but az forming great cOmB1tify TO be-
governed by common will" &c.
II, then, the United States do form tone community
exist in the body OF that community, for the special pur.
poses OF the Union, Just efrctnaly and unoues-
donaby sovereignty exists in the people of an individual
State for Stale purposes NJ answer then and naor
myself conclusive one, TO the argument OF the honorable
Senator, i that the sovereignty Of federal system il
neither la the government OF the United States nor i'm
the people of the idUidal States separately considered
but IN that great community" body polite called
the United States resulting from the association OF all tho
States, Tor special purposes Mr. Jefferson in the letter
to Mr. Randolph, from which read the extract cited
few moments ago. says very properly tIat "lhe whole
body OF the nation" community, "is the oreign
power for itself"
There is practical criterion Of very easy application
in American institutions for determining ybero
sovereignty resides Sovereignty resides where the now
or Of amending the Constitution fundamental las re-
sides In single state, this power resides IN The yeopIe
Of The state, and OF course the sovereignty resides them
ALEC. In the Union this power resides ia te federal com.
muily composed Of al he tales, and according 10 an ex
press provision 10 The Constitution, requires for its exer
Else the Of tee-iourts OF The States Ae-
cording his plain pact cal test then The actual sover
eign'y Of the Union - three ourlis ol he States.
Here agan, am happy 10 oriy myself 10y an autlior-
~. which, II not ha Of NE honorable senator himself AZ
II IL generally understood to be- must al least command
his very high respect sllude 10 the Report and TX
position adopted by the Legislature Of South Carolina i'm
December, lS 3. From that document / beg leave To-
read to the Senate tho follow ing extract
"Our system, them consists Of two distinct and indie.
pendent sOUeyeigHcsTbe general powers conferred on
the General subject To- its sole and exel
control and the STATES cannot without violating the
Constitution, iuerposo their authority 10 check or i'm anv
manner couucract, It's movements, long a. they are
confined 90 s proper sphere also the peculiar and To-
cal powers reserved TO the states subject their ex