Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-02-21

goes out Of the DEMONSTRATING elected King while in
the Union. IL would have been better first TO have got
ten her out of the Union before the regal election: and
then she would have escaped the obligations OF the COM
pact and perhaps the vengeance OF her States But
he object oil the argument or the misnomer be toera
te was prove, that State may secede for his intend
ed corollary is equally ACKNOWLEDGEMENTS vet that
whichis easily effected indirectly YOU deny 10 State
declaration"
have two things yet to say to Gen Bile ought to
be aware oil the absutdies OF argument which his po-
lshed and metaphysical mind prone to run perhaps
from too much confidence in its powers and an un-
der estimate Of other nelecs the ne xt place the
iengh oil speech Is no certain criterion Of its strength.
Alter prescribing the advocates of the proclamation and
CHASING them with the worst Tories country known,
he says "ln conclusion, allow saw SIR that while
have examined the arguments Of gentlemen whose views
dlfer from my own, with freedom have not intended by
any remark have made, any thing offensive
or unkind Will his courtesy not permit me to avail
myself OF the same sincere conclusion, to HIMSELF"
think tbat has been made TO appear, that the United
Sfdes are nation or one people, for certain purposes
That the sovereignty Of the States OF the people of them
has been divided between re natives or
agents. In manner unprecedented; and that far the
powers go, the national government when
ing IN Its constitutional sphere. have a few more sug.
gesuons to make illustrative OF these positions which
should not offer, alter having written much il they
were not intended TO clear the doubts upon some minds
ana to comply with promise 10 notice them.
IL IS commended that sovereignty is indrisible and una
"enaoie. This Is true, according TO European writers
and the particular descriptions Of sovereignty to which
they apply these terms. Vatte says that sovereignty
original and inherent i'm the body OF the society who for
the common good place its in the hands of others
land the manner in which this DONE gives the name or
character TO the government. The majority always has
he right to take back change, alter, their
rests aud happiness In hereditary monarches the King
cannot divide his sovereignty among his children s'be.
cause those who have united in society,
cannot be separated in spite Themselves The govern
ment oil Virginia is only qualified sovereignty, deriving
ANTS powers from the people, and exercising them ac.
corning 10 the fundamental sw.-Now, the government
cannot establish another government beyond the noun
aihs anu divide its powers with these sub
can the government of the United States who are the de-
nj tna.
agents TO exercise what the fundamental laws intrusted
,.o uie nanns-in other words sovereignty cannot be
exercised under powers OF attorney And the
reason 1t cannot be aenated. for these reasons
That the people OF the several States in their primary in
uveuel capacues, had TO ray the constitution. The
on TINS subject has grown out Of the improper
blending oil the sources of all sovereignty, with the mere
agents who are clothed with it, be exercised for the
pune good The people exercise but in
sha ana pure democracy, except in making the unda
mental law But, in making that fundamental law there is
hohs 10 prohibit them from giving power set
agents. anu another power 10 another set And whether
The powers OF the national government be derived from
the people OF the United States in aggregate mass or
from the people OF the States separate communities
not material IN reference to this point particularly. The
power is derived from the fountain; pure and so far asst
goes declared to be supreme That government them
oil the nature described i'm the Procamaton so far as
mas express power but no further
ne covenant among the States the people consti-
uhng them, to guarantee to each State republican form
OF government; taken in con junction with the absolute
delegation OF all sovereign power ere1nal relations
ana some internal affairs, shows that nation or
'he constitution point out these things These even
60 iurther Until the adoption of the Constitution the
states were unquaiifedy separate and independent But
the consolidation oil the Union, though only for parti
cuIar purposes, rendered it necessary that something
should be provided in relation to the right of citizenship
AND IL was declared, that, the citizens each State
shall be entitled to all the privileges and nmunites of
clzens oil the several Staes Thus making all the cit
zens OF each political community citizens of the United
STATES. The writer was not born when the Constitution
was ratified American citizenship then his birth right
can nold properly in any State in the Union, and by
conforming to local laws, enjoy all the "prvileges and
immunities of any native nhabitant of any State
why was Congress given power establish an unilorm
would ur but to prevent the
States? What power have the States this sub
unless their laws conform to The act of Congressi will
not point out the Inconvenience Of dissimar rules In
every State there local regulations adapted TO ccum
Stances and touching the rights persons and property
State.
1t has been asked, there be any such thing az c
zen OF the U. States! reply, yes, all citizens of
The u States The constitution itself regards u.s. The
18Th amendment is in these Words eli any citizen of The
u States shall accept claim receive, any title OF
nobility or honor, SHALL without the Congress
accept and retain any present. pension, Office eoument
any kind whatever from any Emperor, King, Prince or
the United States and shall be pabe of holding any
Office OF trust profit under them either of them"
This provision, surely, will confined in its app
caon TO the disiranchsed citizens of the District of Co
lumba Then, 1t must apply 10 all native born inhab-
tdnts oil the States and to nauraZed foreigners do not
see how the question OF allegiance change This resu
for that question like the doctrine must be
considered upon general principles applicable alone
peculiar and unique systems OF government. II the ge-
neral and state governments conne themselves 10 their
respective spheres Of action, the Constitution suppoes
and as must suppose, in the argument such topc
then, there can be conflict in their laws naIs
and the question of prior obedience cannot arise The
General Government is alone authorized engage in
war; and during will deny that our allegiance
peculiarly belongs to it.
Reliance has been placed the oath of fidelity TO the
commonwealth OF Virginia. Bad, indeed, must be that
cause which seeks support feeble this The form of the
oath s 81 DO declare myself citizen OF the
Io virginia lsthere any incompaibiy in being citi-
zen both OF Virginia and of the u. States? reiinouisb
and renounce the character Of subject or citizen of anv
prince other State whatsoever and allure all alleoi
ance, &c. The question may be here made, wheth
the word state does not foreign State; but if
mean one of the States this Union then does the
oath go further than merely to declare prior allegiance
10 virginia IN preference TO any Of the other Staes Let
not De orgOten That the persons required take this
oath also required by that instrument 10 swear 10
then, Is the conflict Of allegiance And if there be
conflict, has not The Constitution settled the question bv
declaring that "ths Constitution and the laws of the
United States which shall be made in pursuance thereof
and all treaties made, which shall be made under die
authority OF the United States, shall be the supreme law
Of the land &c But this oath got into our
before the adoption OF the Constitution IL has been re-
enacted since, 1t is true; hough if il be in conflict with
the duty we owe TO any supreme law of the land what
right, ask had the legislature to require its adinsra
non! what can be the force Of such reliance as this
when, TO give II any operation the question: YOU must
concede The unconsuiioDay Of the oath itsel? Bnt il
IS waste Of lime and labor to reply TO such sophstry
had intended TO fully into the question of re-
cess,o But the able letters Of Mr. Stevenson have left