Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-01-25

lights at pOlIf1cat science Tor tnore thau WV ""u
sand years, the only possible question that can
remain is, in what people? In The people OF tne
Unred States, collectively, rs mass OF lnaT''
daals, or in the people OF the t~entytoar States
as forming distinct political communities, ronte-
dcrated in this Union? The facts already esta-
lhiished decide this question, and prove the soVe-
regnly to be in the people OF the several states
No such community ever existed, as the people
of the United States, forming a collective oody
Of individuals in one nstion; and the ioea that
they are SO united, by the present Cons'itution'
as social compact, as alleged by me prociama-
ton. is utterly false aud absurd. Io cali the
Constitution the SOCIAL compact, Is the greatest
possible abuse OF language. NO two things are
more dissimilar; there is not an expression IN the
whnle science Of politics more perfectly definite
in its meaning than tho social compact. 1t means
that association of individuals. founded Oh the
implied assent of all IFS members, which pre-
cedes all Government, and from which Cavern
ment or the constitutional compact springs; and
vet, the President, in the daring attempt 10 put
down our federal system, has ventured 10 con-
found things so totally dissimllar The sove-
reignty, then, is 10 the people OF the several
States, united in this federal Unlon. is not
only in them, but in them unmpared; not par
ticle resides IN the GoverRment; not one particle
lu TIE hucIttdu pSup'S
The people of the States have, indeed, dele
gated a portion Of their sovereignty, to be exer.
cised conformity by General Government, and
have retained the residue TO be exercised by their
respective State Governments. But 10 delegate
is not to part with or to impair power. Inc de-
legated power in the agent is as much the power
of the principal as if il remained in the latter,
and may, as between him aud his agent, be con.
trolled or resumed at pleasure. Now mark the
consequence.
No one can deny that the act of the sovereign
binds the citizen or subject. The latter is not
Individually responsible for the act of the politi-
cal community of which he ia a member, and to
which he owes allegiance. The community only
is responsible. This Is principle universally
recognized; but without regarding principle so
obvious-formed upon the highest sense ut jus.
tice-this bill proposes TO make the citizens OF
South Carolina individually responsible for the
sovereign acts Of the State TO which he owes his
allegiance! An outrage. more than barbarian.
upon the fundamental principle OF political insti
tutiOns, as has ever been recognized by all people
SO far advanced in civilization asto be formed in
to political communities. None can doubt that
the Convention of the people Of South Carolina
is the true organ OF her sovereignty. According
TO our American ideas, sovereignty, instead Of
lying dormant in the mass vt individuals comP"s
ing State, and. instead OF being capable OF Dr..
ing called into aCilnn by a revolutionary move
ment only, has known. organic. anu peaceaOie
means Of action. That means is Convection of
the people Through its instrGmcntaity. all OF
our consiruriuns-Statea and Federal were form.
ed and ratified. Through the same authentic
voice. the people Of South Carolina spoke IN her
late ordinanue. Which. a, far rs her citizens
are concerned, is not less obligatory than the con
s,i,utiun itself II is easy to see that, under tins
spect of the subject, this bill presents a ques-
ton infinitely beyond that Of The tariff or its
consitu,onaiity; Of notification; or whether the
Supreme Court is the tribunal appointed by the
constitution to decide questions in controversy
between the States and the Federal Government.
1t sweeps away the whole ui these questions.
l, NAV be admitted, to Illustrate this idea, that
the tariff is constitutional; that the Supreme
Court is the authority appointed by the constiu-
ton to Judge questions in conflict between the
State and Federal Go'ernmcnls; and yet this bill
cannot BIZ justified. High as the authority OF the
court may be, its powers are but delegated pow
ers; it makes part OF the government i'sett, aud
like every other portion OF the government, is
destitute Of the least particle OF sovereign power.
As delegated powers may be resumed Gy the so.
vereign delcsatins the same, such resumption
nay be breach of compact-a violation OF the
faith Of the State; but even in that case the State
as q community, and not its citizens individual
", are liable. The State, as community. can
break no law. 1t can. as a sovereign body, be
subject to none. 1t may pledge its faith; it may
delegate its powers; it may break the one and re.
sumo the other; but the remedy, in such cases,
is AOt hostile enactments; not ldto. by which the
citizens individually are made responsible, as
the bill most absurdly and preposterously propos-
es; but open force-war itseli-uniess there be
some provision. of remedial and peaceful char
acter, provided in the compact
am not now, said Mr. c., about to discuss
the question Of using force the part Of the Fe-
drrai Government against the State. That 9ues-
ton is not now before the Senate; but should it
be presented in any stage OF this proceeding.
stand ready to prove that this Government has
no right, even, to resort to force. The ilustri-
Gus men who framed our constitution were too
wise aud patriotic TO admit of the introduction
of force, 10 constituting federal system; they
had too profound knowledge Of the human
heart; too deep an insight into history, not TO