Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-03-02


VerEnent whatever, the extrcise OF this right
strained by the Federal compac and Virginia could not,
II she wIled it, without violation OF her faith transform
her government into monarchy. The States erected out
ot The North western territory liable the additional
restraint, OF not being athbtry change their iundamen4
tai laws so as TO contraveLe the Cidnauce OF 1887;
ne provisions o which, prohibited The init oducIon Of
slavery.
Again; the State of Virginia could not change the led
era branch OF her Government, without the consent of
ree-iourths OF tie States and those three -ouhs might
change except in feature without her consent and
more, every change OF the Federal Constitution pro.
dUced corresponding change in the State Government
either ehlarging restricting its authority, three fourtls
Of the States, by amending the Federal Constitution might
in effect, alter the local branch Of her Gov eminent az
well as the federal branch; and this without her con-
SENT and against the unanimous wish her people
These restraints did not however, impair the sovereign
ty OF each State IN relation the others; in oideT to
see what circumstances had that effect upon State ho
would refer to the law Of nations which emphatica
~ called the law of soveregns. Vaits he said laid
down, o. L. sec 100 that several sovereign and
dependent States may unite themselves together by per-
peud coniederacy, without ceasing TO be, each indvIdu
ally, perfect State. They will together constitute a
Federal Republic their joint deliberations will not i'm
pair the sovereignty OF each member though they may,
in certain repccs put restraint the exercise OF H.
cease TO be free and independent when lie obliged To-
fulfil engagements which he has voluntarily CONTRACTED
In the following section, it was said, but people that
Inns passed under the dominon OF another, is longer
State, and can longer avail itself directly Of the aw
nations" Again, (B. H. 1929 Equal treaties are
those in which tic contracting parties promise the same
thing, or things, that equivalent, finally that
equal'-amd Gin section l74) Equal alliances these
in which equal treats with equal making no difference in
the dignity Of tire contracting parties" In the same
author d. H. section 100 II was said, unequal alliances
are subdived into two kinds; they either impair the sove
regnty or they do not The sovereignty subsss entire
and unmpared when none OF it's constituent rights
transferred TO the superior ally rendered. to the cx
eron oil them dependent his will.' ''But il either oG
the contracting parties engages not TO make war against
any whatsoever without The consent or permission of ar
ally, tchO has side does not make the same PROMISE
the lormer contracts an unequal alliance with Jnimw
tl.ese Ise
rules which had important bearing the subject un
der consideration, might bs deduced. 1t might be re-
garded as maxim, that the sovereignty of State was
unmpMred by any engagements, not destructive Of its
separate organization which had been entered into, rolun
tGFuy and without force conslrain and il unne<
cessay TO add that the reciprocal obligations OF the States,
were purely the result Of choice, and necessity.
Again; 1t seemed TO be clear rule that sovereignty
was not impaired by an equal alliance whatever might be
It's character in other respects; and if there existed
an equal alliance, that which resulted from the Federal
Constitution such. The contracting parties treated
with each other equals, acknowl lodging difference
in dignity, aud promised the thiugs Tor the same
equivalents. Each STATE vested some OF its powers in 5,
General Government, and every other State made au
equal contribution. Each State agreed, in prescribed
mode, 10 allow the General Government directly
on lis ciuzens-lo TO make war, peace and treaties,
sc. without the concurrence OF its associates and
even III certain cases, before referred to- to submit 10
some restraints in the exercise OF its sovereign power
10 ehangs IT'S iorn oil goyernment-but evory oiheF
State agreed to make precisely the concessions TIE
only instances in which there apparent Inequality
IN e terms oil The compact were the provisions which app
porioned representatives direct taXc aud electors of Pre-
sldent and Vice President among the States according TO
population, instead OF allowing equal weight each
But when the intimate of the Union which are.
acd practical government, considered this woulJ
be found be perfectly Just arrangements Ii brought
no State under the dominion another and admitted
no superiority in either II the larger suites enjoyed
more numerous representation greater electoral sui
rSge they also PAID greater share of the re-
coghzed the equality OF the smaller States in Senate
1t was iii short, precisely that equitable apporon MT so.
ken OF by Naei, which made the condition OF the parties
equal. II further authority on tlis point wanting
might be found in MunesQueu, who, after describing
confederate republic" is - Convention by which Sc
Verdl smaller states agree to become members Of larger
one ; and reclung of the advantages of this form
Of government that the comtederacy may be dissolved
and the coneder"es preserve their sovereiguty men
tons, q vol p 1881 the best model OF such federal re-
pubhc, the Lycan conledcaCy, which consisted OF TWEEN
~ three towns or republics tucguaI represened in ,tI
common counci-hose OF the largest class being cnti-
ted 10 three votes some TO two votes and others one.
Another rule was that the sovereignty ofa State
impaired even where the alliance unequal, unless
its attributes transferred superior ally or rem.
dcled 10 the cXertOn oi them dependent on his Will
Those, he said, who denied the entire sovereignty Of the
States seemed to regard The Federal Government
eNtraneOus power, operating State against its will
md the President in his PIocl1mahon asked how then
can that State be sdd 10 be sovereign and independents
whose citizens obedience laws not made 6y it''-
la reply, 1T might be said, that although law Of The Fe.
derd Government not made Immediately by the
State yet could only be pursuance and bv a.
hoiiy OF an instrument 10 which the State had given its
voluntary assent, the law was thus dedvayely cloh.d
with the sanction Of the State. But the truth vas that
every State participated in the making Of such law The
Federal Government was administered by the joint will
and deliberations OF The parties, and the OF all hc
act OF each, Virginia io instance had agreed Ihat Ccn-
gress should have the power OF taxation; and when
direct tax was laid although her Representative might
nave unanimously voted against i she could not heore
ucay, be said TO be- taxed against her pom the
same grounds, too might be maintained, in those
10 which he had before Referred where three iouTths
the States could change the Of government contra.
~ the will oil any State, that such State partici.
pated The councils which led to the change s assent
said, was the great principle which the American Re.
Loo tho Httti