Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-01-12

other quarter i'm order discover where this great power
resides In order To illustrate this branch of our subject
with clearness il becomes necessary for ne 10 direct
in very bre manner the attention of the Committee to
very succnct view the political history of these States
We were planted the soil of America as colonies of
Great Britain; claimed all OF political rights under
charter from the king-we recognised most for
mai manner that nations right of sovereignty
acknowledged our allegiance TO IT, After long lapse of
time, pregnant with important events, the record OF
which is history of liberty, the colonies shook off
the authority of England and in l776 declared them
selves sovereign free independent After this even
me states Were as perfectly sovereign any nations in
me world; their authority perfect within their limits
and they owed allegiance no power under heaven.
But sir in the year I77s, the thirteen States in order to
protect themselves efcctually against commou
enemy and add to their mutual strength security en-,
tered into what they termed articles confederation and
perpetual Union. This was rrofessedly compact between
sovereign and Independent States. and there being
on each State according 10 the laws of nations, the
Judge otthe iniractons and the redress The Staes
ever IN order to place this matter yond dispute. express
Stipulated in the second article of the confederacy that
each should retain its sovereignty freedom aud indie.
pgnue"c@, ana every power, Jurisdiction, and right
"h'ch, Oy INC confederation, is not expressly dele
gated to the United States in Congress assembled 1t
is worthy OF remark, however. that this clause added
10 new power TO the States; it only placed beyond
the possibility OF doubt, what before clearly recoC-
Missed by every writer on national lowthat conie~
deraiion csult possibly compromit sovereignty OF
the parties. Here then confederation i'm which
each party was recognised on all hands soveriegn
and it is worthy of attention 10 sec how many AZ.
tributes OF sovereignty parted with. No State
was permitted TO send receive ambassadors, or
make alliances The laying OF imposs under severe
dies OF orces-they could engage In war nor grant
letters OF marque-war expenses paid from
mon trcasuryS and all questions of boundary be set
ued 0y Congress Even the right OF coming money and
regulating and weights were surrendered nv
me States These are all Attributes of sovereignty, and
vital attributes too and yet they transferred i'm the
most solemn and deliberate manner from each State TO n
Congress Of all the States. The gentleman Rock
bridge, (Nlr Moore enquing n il be possible for State
be soveregu which has parted with the right of max
ing war and peace, counting alliances and preparing for
detencel Sir, the States under the old confederation Man
fant loo Of
regny, and yet truly sovereign They were by the
second article expressly recognised sovereign well as
mPuedy by the laws OF nations for this pen reason, hac
each State for itself Interpreted he compact was the only
Judge OF its breach, and would pleasure Withdraw the
powers delegated by that Instrument Independent ma
IONS standing In the same relation TO each other
men in state OF nature, there being no tribunal
Tor deciding between them, each must decide for it,
sen states may az we'll as individuals in state
ct nature act ihiquitousy and offend the moral law
but they cannot any other, for there is none other
superior TO them. Bu', MIR. hartman TO place this
whole matter beyond the reach q doubt show that
each State Tor itself could revoke the nowers dsIeqated
have practical illus ration In he history of his sar
con ederdcy. When the Constitution proposed for
adopon IL expressly stipulated that should 60 i'm
operation when "a lied by niue Shtes thus recognz
ederacy and JON the Accordingly we find them
one by vola ng the old compact and contracting en-.
gagemenis entirely inconsistent with il They found the
Ola coneder9cy inadequate 10 he purposes for which ii
was entered into and the right of wihdrawa was not for
moment questioned though the most binding obligations
were dis egarei so tar Carolina concerned who ac
ualy kept aioo from The coniederscy for nearly
eighteen months
Having hope, sir, demonsr ted 10 the Com-nhice
that the states under the con'eleracv were perfecv
sovereign tree and ind dent notwi hstandnp the re
mendous giant OF power from each, contained in the arr
cles OF confederation and having she n too that each
had ihe light OF determining iuac of the compact
and the proper redress it becomes next TO enquire
whether there any thn under The Constitution OF the
onled etes which go's to deprive them OF their
reigny, or any part OF
Before proceeding with this part Of the argument. may
be necessary ia premise, tina, gentlemen who have pre-
coded in This debate have careful to distin-
gush between the powers they believed il necessary 10,
grant, and those actually granted This will he found to-
be the latent fallacy OF those who argue the unlimited
power OF the General Government over the Staes Ty
those who claim this power for the General Governnont
belongs to prove title, point clearly that part OF
the compact which surrenders this right Having lust
SHOWN mat State may part with many of its impor-
tant attributes OF sovereignty without affecting its indie
pendence we now have enquire whether there is anv
thing so peculiari in the organization take from tho
States their original and inherent soyereigny' Conven~
on proposed Tor the purpose ofrevisng the articles
of confederation and adding amendments The Convention
IN coming together, found tat would he easier 10 form
new articles oil confederation Constitution,
in consequence Of the amendments which the
emergency OF the case required than 10 make the old one
the basis of their numerous alterations The ,eyv Con-
situon was the result Of their abors This the ins,ru~
ment Mr. Chairman, which is said transfer the sover~
eighties OF the States to the Government g1ceps
them political sOveTeignties of xistencefhiriv
years ago. the attempt made to convert this great
charter OF liberties and bond Of happy Union into
an instrument OF despOt5n.-Every article section and
clause was ra2sacked, for the purpose of finding
foothold which the friends Of unlimited power might
sand some point upon which tho great audina~
ranisn might be fixed in order overurn from its isg
foundations this great fabric Of constitutional liberties
But the effort in vain and the cause of State RIGHTS
and the Constitution prevailed But cir after 20 great
lapse OF time; when the elements of opposition seemed to-
he hushed into silence; when the friends of an unlimited
construction seemed 10 have disappeared with the Alien
and sediion Laws, we are again called defend the
Sovereignty Of the States threatened by the Proclamation
Of the President Of the United States
In order 70 understand distinctly the real character Of
any compact il necessary in the first place to have cor
rect ideas OF the character and Of the parties to it,
and in the second. the object to he accomplished by tho
compact II has been shewn that the parties 10 this com
pact the States after throwing of The British yoke
wcrc entirely sovereign and hat this sovereignty was
perfect and complete, under the old articles Of coneders~
ton. The Federasi, which cannot be said to err on
the side Of limited construction Of the compact express.
~ airns that is moi natural bat federal compact
We may here lay IL down rule, recognized M sound
by every writer national law, and which cannot be
disputed, that IN the Of every compact
between sovereign and independent nations fhat IL
IL must be presumed that Is the intention uf the par
Ties 10 surrender their guty unless is granted in
The most unqualified terus or that the nature Of the
ccs to be attained by he compact h entirely inconsistent
with the rights Of sovereignty. Does any affirm
That there II any express grant NJ sovereignty in the Com
siituon' So FAR from IT, The 10Th article OF the amend.
mens expressly provides that be powers not delegated 10
the y States prohibited by IL TO the States are reserv-
cd 10 hc States respectively, TO the people" The I'd ar.
ice Of the old conedcraGonis parallel ono Here iii pro-
ved tIat each Slate retains "s sovereignty freedom and
independence, and every power expressly granted
The only difference between The two IS, tha IN the one
there s specification of sote powers retained In the
N.fhrr all mace arc la .fn ali ~