Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-02-28


Is Federal As this is not political axiom will proceed
presently to establish the point after having presented my
other maxims. The tenth article in the amendments TO
the Constitution declares, the powers not deeg sed to
the United States by the Constitution nor prohibited by
to the States are reserved to the States respectively TO
thepeople ~ The ninth article declares, "the enumc
ration in the Constitution of certain rights, shall be
construed 10 deny dpatage others retained by the
pe The powers of the General Government ling
solely from the Constitution and the rights of the
State being protected by the instrument IT follows
mat each government within its respective jurisdiction, is
emitted to absolute supremacy aud that an
upon the reserved rights OF the States by the General Co
vernment, the exercise OF any power by State
rendered by It, forbidden TO be exercised is violation
OF the Constitution: That as the General Government is
sovereign for particular purposes the State
possess resduary and nvoldble sovereignty all other
objects: That whenever the laws of the are
in opposition to each other, the Constitution must have
been violated Tor one OF them must have departed from
its lawful liults.
have said that had relinquished our sovereignty
only so Tar as had fornc national government All.
del 10 the portion surrendered in the express, grants
which eau he proven by reference national law sSe-
Terai sovereign and independent States may them
selves together by perpetual cOnederdcy without each
IN particular ceasing TO be perfect State. They will
form together Federal Republic: the deliberations i'm
common will offer violence the sovereignty of each
member though they may, in certain respects, put
consrdlnt upon the exercise OF il in virtue of voluntary
engagements person does not be Independent
when he is obliged fulfil the engagements into which
he has willing yleuterei"(e) Such was strictly the form
OF our confederation and though perpetual Union was
formed yet the sovereignty Of each State
impaired; as the laws passed by them in their united de-
hOerations operated upon the States and could touch
the individual members OF the Stare governments How
much oil this sovereignty has been surrendered by the
adoption OF the new Constitution?
10 answer this question must define SOVEREIGNTY
which easily be done without resorting to In. me-
iapnySeai distractions OF some Of represe
IL Is mat puhic authority, which commands in civil
society, and orers and directs what each is TO per.
form, TO obtain the end of its nstution"( This au-
thonty belongs originally and essentially TO the BODY
Of society, TO which each member submitted and ccded
the rights he received from nature to form govern
men But the body of the society does uot always re.
frauds OF their representatives administer government
ihe people have coded portion of rights to the
state Governments, aud portion 10 the United States
and to ascertain which of these governments is sovcnipn
we need only enquire which orders and directs in civil
society what each is TO perform the end of its in
su'uuon This is answered by the tact, General
government operates upon individuals for national pur
poses enumerated in the Constitution but the State Co
Vsrments possess local jurisdiction and govern in the civil
society almost without limitation restriction By this
test them the General Government is sovereign for par
ticular specified Objects and the State Governueuts
preme III all other respects departure of either from, lilo
limits oe'ng an encroachment upon the sovereignty the
other.
To preserve the rights of each marty there r,,,s b
sohe remedy whenever the Constitution has been vio
Iated-ior, to deny this would eal TO the absurItv of
recognising rights without any adequate means of pro-
tecting them. What is to be the redress when the
'Hsherdl Government has wully and materially vim
lated the compact from which they derive their now
some nave pointed to the Supreme Court as the ar
0ero all differences aud derner resort TO settle the
controversies between State and the General Govern
meat HE question should he brought before the Su
peme Court to try its cOnstituonality but shoud that
department OF the General Government sanction the usr
Palons OF Congress there mAst be some means f t,i
rid OF the unconstitutional laws The Supreme Court
not be The tribunal OF ultimate resort since il derives ia
pot' IRON me Constitution and is of its for
NATION allowing Congress the right TO mass unconsGu
uoha laws with the sanction of the Supreme Court thev
1ou,a SCI aside The constitution aud make this govern
"'eh' OF 'he majority with unlimited powersIg lit is al
so department OF the General Government and yvhen
he controversy is between that government and a STATE
neither party has right 10 be the sole Judge of the nfc
"os oil the compact and of the mode and measure of re-
dress Neither control the operations of liz otIer
:, SAu c'ah supremacy, since both reign
~'"" '"er respective EmitS-neither can the General
Government coRstrue, solely the extent or te;r Grants
ior u 90 1t may become unlimted-nor can the Stse de-
c'de upon The powers il has retained for if So il might
control he passage OF any laws by Congress whether con
Sutuonai or not Neither The one nor the other of TN.
contracting powers has right TO ineroret The ,r,t o.
compact AT ms peasure(h) For if you are at liberty TO
give my promise whatsoever YOU please Won will
nave me power oil obiging the performance of
Whatever you have mind contrary TO my and
osyohd nay real engagements: and reciproraIy if am
showed to explain my promises, please NAV render
ihem VAN and elusive, by giving them sense oui,, f
iereh from that Tin which they were presented to Won AMI
contrary to what was mutual understanding
li'P',h from tins that If the General Governn,e nj or
any department there0i, e0nsrue own powers il
may become unlimited ia jurisdiction render sinner
liuom' The enumeration OF grants deieg its and
odiy oOllteraie the reserved rights of the States mi
rcciprocAlly the State be the sole Judge of the
fot u'e compact AMI the mode measure of redress IL
may at any time dissolve its connection win ,h IToi
Pe@eedoy and TO the iHry aud oppression of the re
ahS me'H5erS OF the compact TO grant either or t,a
Poosohs' would Illustrate the ends for which the govern
lp tn
o'her sources 10 cXiricate ourselves from elber,, and
p'lphblc breaches OF the compact Tho i,y Of ,ot,s
furnishes us with rules aud regulations for cn,,,r,n
'SOh'p'cs between Independent soyeregnY ad,n,nr o
COhhoh arMier TO settle their coniroyer,ies-and
MSS rt eS'ao'Shed maxims, we find the only remedy
e'e Is no DETER established rule national la Than
tne Que recognising the right Of each of the soyer.i
.i compact Judge for Itself whether the other par
I'Ns c"'hihlued any breach thereof; and if So the
sn 20 require repdraIion of the damage: which may he
neneI by The other party, il it Judges that there ha, been
no VoIiuon' ~ The ARTICLES of compact are nutuaIIv
dependent on each other, and every part must he
@ OF ne injured party may refuse be bound bv any ri
mheh therefore, State thinks that Compress have
oy ahd deliberately usurpcd powers not granted I'm ,a
III inc COh5'tuiDn she may pursue either of tvo
euesj IL prudence aud policy dictate the State No.
o "s violation oil the Constitution, by merely re,non
.'S ''h Congress, and requiring a repeal of the ol.
.S;s.I"' W ASK Tor General Convention TO redress
S''c' "hces' But when State cannot obtain redress
III Solge there is mere possibility of ceiling il bv Inc
" conventions for, il you cannot obtain majority in
esS' u WIZ be miracle il you obtain tire ouytIs
~ S1Vehions OF the States separately Two thirds If
80, " Congress may propose amendments
'" VI 'ne States may call General yiicl,
10y pPOSe amendments; aud in either of these cases tbe
amendments aust be ratified by three Iourbs of
before they become part of the Constitution
~ WIN DE perceived from this, that having a ,niuo v i'm
o"s'es'' WIZ be utterly imPacicable TO carry any
S'nce II - essential TO have overwhelming,
mJpty IOr tha purpose. II is essentially the remedy Cr
Tue majority 10 use, aud not for the oppressed parry
ohould rcnOnsrances fJil 10 produce repel Of The Iv
W"ch he stale had declared plipabe aud yyuI viola.
ton OF the constitution, the State must procee sosmn
TO declare Tie compact violated and voii She mus, an
nounce her determination longer to submit TO
ment' upon her tights which the constitution has failed TO