Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-03-29

'NhH h'f ~ HNhNi a A"t ~ At
United STATES" Is t not doing s,range violence to Ian.
guage TO call a league or a compact between sovereign
powers a G0Ueihncnt7 The Government OF n State i.
that organization IA which the political power '%c'ics. Ii
is the political being, created hy thc Coz, tiuUon or iuuda.
mental law. The broad and clear difference between a
government aud a league, or compact, il, hat 4 Govern
ment is a body polite Il has u viii OF is own oud it
possesses powers and faculties to execute its own pt po-
ss. Every compact looks To >otuc power tO enforce ITS
populations. Even in Il compact srtMeen sovereign rom
muuiIies, her, always exists this ultimate reference TO a
power to en-rre its execution; although, in such case.
tis pow er i bot the Sice ot one party against the force
oil duOther-tiat i 10 say, the power OF war. Bat a 90
rerime't executes is decisions 10y It's own supreme au-
tioriiy. It. use OF t0frc IN compelling obedience 10 its
own cHActmr"'s, i hot var. IL cOntempld;es no opposing
party having = right ot resistance. Il rests on lis own
power To enforce Is own Will, and When it ceases to pos
eSs '"'s p'N'f u - no lo"S't " Government.
Mr.. President, | concur so generally in the very able
speech OF the gentleman from Virginia, near me, (NIr.
NNeS) u'l u l. not without dit1iehce ANA regret that |
venture to diiier with hini on any point. His opiniOns, sM,
are redolcnt OF the doctrines OF 4 very Gi,tinguishcd
school tor which | have the highest regard, OF whose
doctrines l can say, what also can say of the .cnlleuan's
speech, that, while | concur ia thc results, / must be per.
mitted to hesitate about some of The premises. do not
agree thdi the constitution l. a compact between States in
t1eir SoNcrri.n capacities. 10 tot AZ, &c that, in strict
ness OF language, il is a c0inDnct at all. R,t I III,
aSr0e, mat a rs .JUtuHdtd on consent, or agreement; or
on compact, At the gentleman prefers that word, and
means tao more by II than voluntary consent or agree
n'ent. lhe constitution, sir, Is not contract, but the re-
sun oil a contract; meaning, by contract, no more ihan as
sent rounded on consent, II is a Government proper.
Adopted 10y the agreement OF the people OF the United
States, when adopted, II has become a constitutions. The
people have agreed to make a constitutions; but when
made, that constitution becomes what is name inports
l. u no longer a mere aSrGCintnt. Oar laws, sir, have
their bundadon in the asrcomcui, or consout, of lie Two
Houses ot Congress. We say, haAUualIV. that one lions,
proposes a bNl, and the Other agree, 40 If. but the rr.uIt or
thlS aYicthcht l. not a compact, but a law. The law,
the statute, ~ not the agreement, but something created
by Tie Agreement; AMI something which, when created.
mas a new character, aud act- by its own authority. So.
the constitution OF the Unitrd State, founded in or ON the
consent OF The people, may be said to rest on comp,ct. or
consent; but IT /, itself not the compact, but it. result
"hrnS people agree 10 erect government, aud actually
erectii, tho lliug is done, aud the agreement is at AN mi
The compact Is executed, anl the eud designed by il at
tanned. hencclorih, The irut Of the agreement exists,
but TIC nsrccmcnt itself i merged IN Us own accomplish
meni; since there can lie M longer a Substituting agree
lnenI, or compact, toJorm a constitution or government.
alice lhN constitution OT government has been actually
formed and established.
1t appclr,,o mc, Nj, President, tha,i The PLANES, account
OF the establishment OF ti, Government presents the u,o.t
just ami philosophical view oi is foundation. The Proylc
oil the several States had their separate State Governments:
and between the States there also existed a confederation
Nith inns condition OF things the people were no, satisfied,
sthe confederation had been found not Il Iulil its intend
ed objects. Ii was proposed, therefore, To erect a ncw
common government, which should possess certain d,h.
mite powers, such as rtElrled the property oil the Poo
pie OF all the States; aud to be formed upon the general
model oil American constitutions. This proposal was as
scented to, AMI an instrument was presented to the peouln
oil the several States tor their consideration. Thev or-
proved j., aml agreed 10 adopt it as Il cons tuition. They
executed that agreement, they adopted he constitution.
as a constitution, and hcnceiorth It must stand as a constr
tuition uhul 1t shall be altogether destroyed. Now, sir. i
not Ihis The truth vi The whole matter? aud is not all that
VIC nave he'rn OF compact between sovereign States the
mere elect vi a lhao'tnct ii and artificial mode of reason.
aug upon Ie slnlects a mode OF reasoning Ublch dIstp-
gArIs plain facts Tor the sake OF h%ypothesi,?
Mr. President, the nature oil sovereignty, or SOVEREIGN
power mas oeen eAton"vey di -cussed by gentlemen on this
oe''.'o"' A. II seheih'y - when the origin oil cor govern
fed with arguments aud illustrations drawn ION that iSonric.
The sovereignty OF Government is an idea belonging to
the other side Of The Atlantic. No such thing j., SHOWN
in North America. oar Governments are ali limited. In
Europe sovereignty l. oil leUdhl origin, and imports no more
than the state oil the sovereign. 1t comprises his rights,
duties, exemptions, prcrOgauves, and powers. But, with
US, all power is with The People. They. alone. RI sovc-
reign. an kiCX erect what NIJVeTumpEt,I Lau pla.z. ami
confer on them such powers astney please. None OF these
Governments Is sovereign, in the European sense OF the
word, all being restrained by written constitutions. fl
seems TO me, therefore, that we only perp!ex ourselves
WHEN we attempt to explain the relations existing between
the General Government and the several State Govern
ments' according to those IDEAS OF sovereignty, which pre-.
val under systems essentially different from our own.
But, sir, 10 return to the constitution itself, let me in
CURE what II relies upon for is own continuance and ,uu.
port. / hear II often suggested that the States, by rcfl,-
ing to appoint Senators and Electors, might bring Ibis Co.
vernment 10 an end. Perhaps that is true. but The s,uo
may be said OF the State Governments themselves. Sun
pose the Legislature OF Il STATE, having Tie mower fn an.
point the Governor and the Judges, shouIJ ou,it tI,,t .r,
~; would not the State Government remain unor5,nizsl;
No doubt ali elective Governments may he broken A.,
by a general abandonment, on the part of those entrusted
with poltical powers, OF their appropriate duties. But
one popular no'erhm.e"' has Ia this respect, a much Sc
cufi'y as another. The maintenance OF this constitution
does not drPead on the pIighted laiih OF the States. as
STATES 10 support Il; atl 'his again shows that it is not a
league. IL rcues on individual duty and o5iiga tion.
Ihc constitution OF the United States creates direct re-
lailons between this Government and individuals. This
Government may punish individuals for treason. an All
0ther crimes IN the code, when committed against lie
United States. IL has power, also, to tax Individuals, i'm
any mole, and TO any cNtcn; and i; possesses the further
power oil demanding from individuals military service.
Nothing, certainly, can more clearly distinguish a Go.
vernmcnt from a confederation Of States, than ibe nos.cs-
s'Oh vi '"I'c powers 40 closer relations can exist be-
tween in hyiduals and any Government
On IN Ohtr hand, he Government owes li n and en-.
Tenn duties to every citizen of The couutry. IL il bouu.
TO pro ett nan I'D his NEST ImpJs tAnt rights and inlrrss..
~ makes war tor his p o ecuOn, aud 80 O;ner Cove u,u,ut
IN the country can NIKE war. IL makes peace %, hi. ,tn.
teclion' aod 40 Other Government can make peace. n
mhlntains arHiies and nayics iOg his defence aud security
aHi no ether U0yeTntneut is allowed To maintain thc,n
lie goes abroad bcned IA lis H,g, aud carries over AT IN,
eart' a national Character impaired To- him by ms Covprn,
meat, aud "hi.h 20 Oher tioyernmcut can iup,r, l..
Whatever relates 10 VA, o peace, To commerce. he k.o,
no Oh . u .vrtnneii. All Uicse, sr, ac corurNi,t,s -.
Gear ana d q sacred a. cHu blnj individuals To- any tove,u.
mcnt on ear n. II h. Mt, thereto T., 9 compact betveet
states, but d GOvern."eui proper, ops atiug directly up,r
In"''iII'-, Sitidlns TO UNcm PO &c iot on one hand, az,
demanding iTOm ilicm o 'tdIcuce cn he d her.
mere Is N, language in He wholc consi urion. .oui
cable - q con cderanon OF Suites. II he Siacs br 'p,r.
ties, a. ) ptes, what ae their r.hf., and nbr u,.,r re-.
specUNe c1VcbdU'S atj sjyuit ION? and where r. u,,,
JiBhIs, coV'h"" s. 'nd suP Itl3.s rxlressed? The sac.
e"S'Ee I'r no hihS, they pro- isu nothing. 10 the article.
oil conitdci"uom, t"ry dii mike promises, anddd enter n.
to engagements, aud dli pi. int ihe fl "a ot each State ia,
their iu'iine"i, bur, IA he cons tuition, the,c il NOR inc
oil MAJ ktid. ihe rca-On IS, thai, in he Constitution. ~ IL
ne people who 'pehk, aud not he States. Tie conf,
ord i'm thr con-iiili u AMI ,hcrein address, bein.eiysss n
the states aud to the Legislatures Of safes. in he I,r.,r,,,
Of liJhhcilph duI prObibtIJu. The constitution uuer. ia.
bci'e'is 80 tc name aud by authority Of the people. aud If
eSAcl' not Ifom states any plishled public fih io main.
tam o. VI ue contrary, d makes is own preservation dee.
penn on individual duty anil individual Obligation. Sir
fH ANfAL nH AHAH AHHH