Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-01-24

lidsted and not Federal Government Thev are wboIy
nspphesole TO government OF the latter character
Differing from the entirely on this subject will
beg leave To give my view of it,
1.-The constitution OF the United States not adopted
by the people OF the United Staes people Ii was
adopted by the several States in their highest
character that s by the people the said States re.
specuvey; such people being competent aud then only
competent to alter the preexting governments opsrat.
We are told by the Fedcrals(d) that the Constitu-
ton was founded on the OF the people of America
that this assent given by them not as individuals
composing one ene nation, but composing the distinct
States: aud that the is that OF the sepeyal States
derived rom the supreme authority in each State that OF
the people thereof respectively: and that the
establishment OF the Constitution is not national but
federal act We further told the same page that
its being federal and not national act, is obvons from
this, that the ratification results from majority of the
people oil the Union, from that of majority of
the States but that IL must result from the unanimous as
sent oil all the States that parties it, differing no other
wise from their ordinary assent than its being
not by the Legislative authority butby the peopie them
selves; ana that were the people regarded in this
action, as forming nation the will of The majority
would bind the minority, but tina; neither majority Of
votes, nor OF States, has decided. 1t il again stat
ed in the booked that the States of New
Hampshire, Georgia. Rhode Island, jersey Delaware 8
Carolina, and Maryland, being a majority of the then
States, did not contain third Of the people of the
Union so that majority of the States were minority of
the people oil the Union; and that if you even added NJ
York and Connecticut, Ito make nine the number of
States necessary TO the adopon the people in them ALL
would be still less than majority Ii this fact YOU add
another, namely that while these nine adopting States
might carry the constitution by maori;ies the non
adopting States might be unanimously gainst it, the nor
ton of the people of America who in that case MIGHT
adopt the government would be, indeed extremely small
his was not, at the time, improbable sup
position Ii was reasonable suppose that the people
OF the great States would be almost unanimously against
government which not only vastly extended the sphee
oil general legislation, but put the small States, in the
nate, on an entire equality with themselves. govern
men adopted by this fragment of the people of the u
States, could not justly be considered as national
ernment but federal the character of which
government is that all its members however small are 10
footing.
"In the Convention of Virginia, il was said bv Mr. Ma.
1sonO) that the people are parties to the government
but not the people as composing great body but a,
composing niTteeh sovereignlies: that il the
inc former, the assent OF majority would be sufficient
and that that assent being already obtained NV the pre
vous adopons OF other Sates) need not now deIibe
rate upon It, IL was said in the body, by Mr. H.
Lee(g), that if this consolidated government II
ought TO be ratified by the people and not nv
the States and that if Virginia Connecticut Massacb;
sets, and Pennsylvania, had ratified it, these being ma
orty OF the people, would by their adoption have made il
binding on all the States which being So shews that
1t Is not consolidated government.
$50 ii is stated in the report of $780, that the powers o
the General Government result from compact to which
the States are parties (h) and, again. that the States are
parties to the compact in the other senses i'm which
the term estate is sometimes used but i'm the sense nj
the people OF the States, in their highest SOVEREIGN ca
Pacy and that in that the Constitution wa. snbn,
ted TO the States in that sense they ra flied H. and in
that sense they are consequently parties to the com
pac(i). N0"
WI
adopted by the people OF the United States as one peop;
Or can 1t be denied that it adopted by the several
states oy the people oil the said States respectively and
are Hiey not parties 10 the compact?
The Supreme Court TO have laid great stress
upon the expression, We the people of the United
ates, contained in the preamble 10 the Constitution
ms expression does not necessarily import the peopIe Of
fnericG in exclusion of those of the several STATES In
me last sense may be justly taken and thus correspond
win the Jdc as to its adoption. But il this were not So
this declaration in the preamble would be controlled b The
fact of the declaration in the preamble of 2ce
ha' was executed by three persons, does make il
e ueeu oil tem an, II II executed by tDO of
only: and Tar less make that the deed Of A. which
was only executed by b. Ii is not here to be FORGOTTEN
mat the preamble is part of the Constitution If il
were, 1t would carry Congress all powers bcb con
dueive to 1.-The general welfare; which is an idea long
since exploded. 30
port as aforesaid that ours is not Federal Government
because it was not adopted by the of the
STATES ne ola confederation admit, adopted
oy he Legislatures OF the several States but the validity
OF that adoption may well be questioned That adopio1
took place, IN the infancy OF republic and when we
had not eInancipated ourselves from the opinion which
sun prevails in Europe that the sovereignty of State.
abldes IN their kings, gOueTinents That is i'm this
country and at this day, an outrageous heresv None
out the people oil State in exclusion of its government
are competent TO make reform government of what.
ever nature. The governments their deputies for
limited and defined objects. Ii is principle of common
sense as well as common law that deputy cannot make
deputy. The power OF changing the government was
therefore, not vested in the State Governments but re-
manned with the people thereof To saw therefore that
there can be no Federal Government unless il be adopte
by the governments Of the States is TO saw that
there can be no Federal Government at ali Feder0l
Government can be made, was made by the peO
PIE OF the several States and made by none other
"Ihe Supreme Court would, perhaps infer that ours is
consolidated, and not Federal Government from the
unequal representation which exists considered i'm ela
ton to The several Sates in the House
ana from that governments acting in instances d.
recty upon the people Neither of these circumstances
operates that effect either under the opinions of learned
wrteri that subject in general nor under the autbor
Ties particularly applicable in our country.
GAS 10 the first, Monesqucu tells us( that the Lycian
republic was an association OF twenty three towns lne.
qudHy represented in the council, that these
towns contributed to the expences of the State according
10 the rsio oil the suages, and that the Judges and
magistrates OF the several towns, elected not by
themselves, but by the common council. That republic
was entirely analogous to in the two first particulars
and stronger in the last; and yet that learned author
says, were TO give molcl of excellent federal re-
public, should pitch upon that of Lycia.'
his idea OF that writer is entirely approved by the
authors OF the Federalist After quoting the facts inst
mentioned respecting the Lycian Republic and saving OF
the appointment OF the judges and magistrates of the re.
spectve cities, that II delicate species inter.
ference in their internal administration and which seem
ed exclusively TO belong 10 the local Jurisdictions this
Wort entirely adopts Mo0tesqueus opinion and saws that
the objections founded on those circumstances and which
entirely overrules the novel e6ncments of an erro.
ncous ueory"(D
" So II is said in the book he Federas that il
not essential to eoDederdcy, that its authority should
be restricted TO its members, in their collective capacities
without reaching the individuals OF whom they arc com.
posedlH) Again, IL is said that long as the sepaTate
organization Of the members of confederate republic be
not abolished so long as it exists for local purposes
would still be in fact and theory, association Of
States or cOiVedeTGey il further said that our const.
tuton so FAR from implying oblga of the state g0u.
h"ents makes them constituent parts Of the national gov