Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-03-22
SPEECH OF Mr.. MCCARTHY.

SPEECH OF Mr.. MCCARTHY.
On Federal Relations, IN the Senate Of Virginia,
January "a. 1885.
The preamble and resolutions of the House OF
Delegates, and the amendments Of the Senate,
on the subject of "Federal relations" being un-
der consideration in Committee Of the Whole,
Mr. MoCARTY said: Mr.. Chairman. | stand
on the defensive in this debate. | was opposed
to the renewal of the discussion upon this excit.
ing subject. in this branch OF the Legislature. -
IL had already been discussed elsewhere, at a
vast consumption of time and treasure. But the
various objectionable principles which are pre-.
sented to Us in the preamble, resolutions and
amendments, and the very able arguments by
which some q! them have been advocated, com.
mand Of me an expression OF nv opinions. IL
is cuntended that the General Government is a
Govern nent Of the States and not Government
Ut the people /, is denied too, that II is one GO.
vernmen'. a"'i ;!a tie Ie1pic under Its operation
ard contin hr~cfe people.
Ii these polms be established as constitutional,
then will the isht IT state to nullity law OF
Congress, on t. secs,e 'rum the Union, be less
aues r,unab,e han i, is. Bnt regard them as
n..esies. ca uiateJ 10 .n4"nser iie peace and
pe NJ TUT, OF ,h,s Union shall enea> O, there.
FIRE, to .aew that ne Constitution has based the
Go, ern men. ooh tue democratic principle, which
recognises the people the source at all power
t;,ar Il mas formed one Government; that the
people, for all the objects and purposes of trat
Gu,e rnment. are one people; and that 1t Is a 90.
yrrament If The people, and DOT Government OF
tie States.
&c these positions be true. they must put an
end to the doctrine, Of Modification and Seces-
sion. Both the theory and the pra tice OF the Go.
| vernment Affirm its why of character. All its
parts. then, must be ssary to the existence oi
| the whole. No fragment OF the whole can Sc.
cede, by State authority, nor can State
! nullify. by law. that which the Constitution
of tie United States pronuunces to be the "su.
nre,ue law of the land" But il will not BE- he.
ces.ary, in order to ,hew the nature and pa.
, ra,ncurt character Of the Constitution, to pene,
tratc farther into our early history than the peri
cd of the Confederation. That form of Govern
meet shall contrast with the Constitution, to
shew. that while tie one was a Government OF
the States, the other ~ essentially Govern
of the people. 1t is known to all who have at.
tended to the history of those times. that a few
short years of experience, developed the total in
efficiency of the Government OF the Con!eJera-
ton. Efforts we've made to revise it. which ii
nally led to It's total abandonment. BY PROV,
sion 10 the articles of Confederation, no part Of
them could be altered "unless such alteration
be agreed to in Congress OF the United States,
and be afterwards confirmed by the Legislature
of every State" These were the restrictions
imposed by that instrument, as to the mode Of
its alteration. They we're not literally complied
with BY Congress. when that body adopted mo.
ton to call Convention for the purpose OF g es.
tablishing in these States firm national Govern
ment." Upon this motion 1t was determined
that a Convention should be held in Philadelphia,
for the purpose OF revising the article, of Cor
federation. and 70 report To Congress and the Sc.
yera Legislatures such alterations and provisions
therein, as shall, when agreed to in Co,srss 5,
and confirmed by the States, render the Federal
Constitution adequate to the exlgenctes If Go.
vernment and the preservation OF the Union. )"
The Convention met accordingly at Phadel
phia, and having formed the present Constru.
ton, reported it to Congress-. expressing their
opinion, at the same time, that 1t should be sub
United, not to the Legislature OF every STATE for
confirmation. but to "a Convention OF Dele
gates, chosen in each State. b. the people there
of, for their assent and ratifica.ion.' Thus was
the Constitution reported to Congress, and that
body, yielding to the opinion of the Convention,
submitted it to the people of the States for their
"assent and ratification This shows that the
Constitution was not regarded by the Conven.
ton or by Congress, As a mere amendment 10 the
articles of Confederation. Had it been so con.
sidered, or had it possessed the character of
Government Of the States. it would have been
submitted to the Legislature Of every State
for confirmation" as was required b. the terms
Of the Confederation. But new, and differ.
ent form of government, requiring different
form Of ratification. was framed BY the Con-
venton. 1t purported upon its face to be 60
vernment Of the people. and to them it was sub
United for their - assent and ratification. -
But why, it has been asked, If the Govern