Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1833-04-11

'heh. Tie goes abroad beneath its flag and ear
rles over all the earth national character impaired
TO hum by tbs Government, winch no other Gov
eminent can Impart. In whatever relates Ia war
to peace, 10 commerce, he knows no other Govern
cTnmcnt. All these, SIT, are connexions as dea,
and as sacred as can bind individuals TO any Gov
crnineut ON earth Ii IS not, therefore a compac,
between States bat a Government proper, opera
ting directly upon individuals yielding to them
protection ON ono hand, and demanding from them
obedience on the other
There Is no language in the whole constitution,
applicable to II confederation of States Ii the
States be parties rs States, what are their rights,
and what their respective covenants and supula-
tons : And where are their rights, covenants, and
stipulations expressed The States engage ior
nothing, they promise nothing In the articles Of
confederation, they did make promises, and did EN-
ter INTO engagements, and did plight the fash Of
eseh State for their fuIfImcnt but, in the con
sltutlon there il nothing Of that kind. The
lcason Is, that, IN the constitution, it Is the
people who speak, and not the States The
people ordaln the constitution and therein address
themselves to the States and TO the Legislatures of
the States, ~ the Language Of Injunction prohibI-
ton. Tie constitution uttcrs ITS behestS III the
name and by authority ofthe people, and tt eNacts
not from states any olghted public faith TO man.
tain II. On the contrary, II makes lis own prascr
valon depend on individual duty and 1ndIfiduh
obligation. Sir, the states cannot omit 10 appoint
senators and electors 1t is not matter resting in
State discretion or State pleasure The consutu-
ton has taken better cure Of its own preservation
1t lays its hand on individual conscience, and MIDI
vdui duty. II incapacitatcs any man to SIT IN
the Legislature of State, who shall not first have
taken his SOLEMN oAtht support the constitution
of the United States. From the obligation OF this
oath no State power can discharge lam. All the
members of all the State Leg slatnrcs are as tcli,
gIously bound 10 support the constitution oil u' u q
nted States, us they are to support Their own state
constitution. Nay, sir they are as solcmnly sw"rh
to support ii as We ourselves a,c, who are members
of Congress
No member Of n State Legislature can refuse 10
proceed, at the proper tune, to elect senators 10
Congress- or to pro vide for the choice OF electors
OF President and Vice President, any more Than
the members Of this Senate can refuse, when tn
appointed nay arrives to meet the mcubr RS Of the
other House to count the votes f1r those officers, and
ascertain who are chosen. In both cases, the duty
binds and with equal strength the conscience OF
the individual member, and IT is imposed ON all by
an oath IN the same words Let 1t, then never be
said sir that il IS a matter of discretion with the
States. whether they will continue the Government.
or break up by rcius me- 10 appoint senator's ANA
10 elect electors They have no discretion IN the
matter The members of their Legislatures cannot
avoid doing either, so often the time arrives,
without direct violation of their duty hdth''r
otrhS such II violation as would break up any
other Government
LOOKING sui further to the provisions of the con
-ttuton ,elf in ord to learn It's true character,
we fin It's gt.at appucnt purpose To be, y" unite
the people of all the states under one General toy
eminent, tol certain definite objects, and To the cv
ten, of this union to restrain the separate authority
of the States Congress only can declare war
therefore when one State is at with foreign
nation. a II must be nj wa. The President and
The senate ouly can maxi peace when peace IS
made for one State, therefore, 1t must BE- mate lo
all
Can any thjrg b. conceived more rf'postcrons,
than that any State should have power to MUMMY
the proceedings of the General Government, res
pecting peace and war 7 When war IS declared
bv n law If Congress, can a single Stnte nullity
that law and remain nj peace Anu yet sue may
,ulify that law, as well as any other II the Pre-.
sident and senate make peace, may one state, ne
vcr,heless, continue the war Aud yet, II She
can nulIify law, she may quite as well nullliy u
treaty.
i'S'N'''''i
argument, no subtety of distinction, can cyadc 1t,
that as to certain purposes the people of the United
States are one people They are one III maxim.
war, and one in making peace they are onc III re,
eulating commerce, and one in laying duties G.
imposis The very end and purpose OF the consI1'
tuition was 10 make them people in these part
culars and it has etfectually accomplished Its OBJ
iect AN this is apparent on the face OF tho con
s,tution itself have already saul sir, that 10 OBJ
thin a mower Of direct legislation over the people,
especially in regard to lmposs, was Always ptom'-
nrnt as reason for getting nd OF the confederation
and forming "A new constitution. Among immune
rable proofs of this, before the assembling OF he
convention, allow me 10 refer only To The report OF
the committee ofthe old Congress, July, 1888
Rn, sir let US 20 to the actual formation OF the
constitution let US open the journal OF inc conse"
ton itself and we shall see that the very htsl reSo
luton which the convention adopted, was THAT
x,r1osA. GovrRNMENr OUGHT TO DE ESTABLISH
rD CONSISTING or A SUPREME LEGISLATURE, JUDI
CARY. AND ExEcrTIvh."
This itself completely negatives all idea OF 'eaSoe
and compact and confederation. Terms cou'a MOI
be chosen, more fit to express an ih'eh'iof - es
,ablish National Government, ana 10 oahiSh io''
ever all notion ola compact between so'e'c's"
States a.. -
This resolution was adopted on the 'o'h OF
Nav Afterwards, the style was altered, ana, IN
stead of being called a National Government II
was called the Government ofthe United States
but the substance of this resolution was re'a'ne''
and was at the head of that list OF resolutions whici
was afterwards sent to the committee VINO were &c
frame the instrument.
II is true, there were gentlemen in the conven'
ion ,hn were for retaining the confederation, ano
amending its articles but II c majority was 'sa,ns
this. and was for National government Mf
prt,crson's propositions, which were tor eo ''a
~, the articles of confederation with aua''iona
mowers. were submitted to the convention on IN
18th ofJune, and referred to the comm"cc 0: IN
whole. And the resolutions forming the basis
Wa,;o..l C.over,ment which had once been