Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-05-14

INK " y cudcuOn OF a new one, designed to attain the
same great objects, by different, aud AS the Sovereign be.
lleves, by better and more appropriate means.-Thus,
when the King, Lords, aud Commons OF Great Britain i'm
Parliament assembled, in virtue Of the omnipotence or
sovereignty OF that body, recently altered the foundations
oil their government, by a mere Statute, the alteration
was well termed a Reform, because those who made the
change, II was acknowledged on all hands, had the right
TO makeit So, loo, when the King OF France a few years
since, granted to his subjects a new form OF government,
by a charter, wherein was defined their rights aud his
duties, this was not Revolution, but Reform OF another
KIM only; Tor, he who granted this charter, being an
acknowledged Sovereign, had the confessed authority
so to do. And when these States abrogated the old
Articles OF Confederation, aud established the present
Constitution OF the United States, this was not Revolution,
but Reform c! a kind still different, because, it was con.
coded by all, that those who made, might Of right alter.
But when the People Of these Colonies, shook off their
allegiance to their former acknowledged Sovereign, and
asserted their freedom aud independence, this was Rcvo-
ie''on anu not Reiorm; Tor all admitted, that this proceed.
ing, however necessary ad proper it might be, was not
elected IN virtue OF any right acknowledged by both the
Sovereign aud subjects.
Having thus shewn what ,oycreipn,v Is. and poipted
out tho sure test by which its existence and abode may
always be ascertained, I will now endeavor, by the an.
pneanon oil this test. to determine. whether these States
% any portion OF their sovereignty, by their adop.
non OF the present Constitution OF the United Sta,es.-
Ana hrst, by whom was this Constitution adopted! To
his there can be but one answer: il was adopteJ by the
People. But by what People. The President in his Pro.
clamation, says, "The people of the United States form
Ell me constitution, acting through the State LIE legislatures
III making The compact TO meet and discuss its provi.
SONS, aud acting In separate Conventions when thew
ratified those provisions" This statement although correct
III ~ 'e,"s' is YET much too general To be received as a d.
rec IN POSITIVE answer to my question. Therefore, as |
40 not wish TO take shelter under antiquities of any kind.
1 WIN say, that the present Federal Constitution was not
made by the People OF the United States acting "a n
mass or an ation,' or by the will of the ma;ori,v of ~
such mass: but it was made by the People OF the several
e'a'es' acting asseveral distinct and independent common.
"ea'.ns esch IN us own separate corporate character, and
each binding Its own particular minority, by tho will Of its
own particular majority, according to its own established
usages' and without regard TO the will of any other.
n single well known historical fact, will put this beyond
al doubt. Two OF the then thirteen States, North Ca
rollna and Rhode Island, refused to adopt this Constitution
at first, nor did they do so until some time after the 90.
Verhmeht which was thereby created had gone into ac-
tual operation in the other eleven States. Yet, although
me population Of each of these States, constituted a ratio
10 me population OF all the States, even less than the ratio
o, me number oil either of these States 10 the number of
an me states, no one conceived, that either of these
states could be bound by the will Of a great majority of
me People OF the other States, or by the will of eleven.
thirteenths of the States themselves. Nor did anv one
ever mink, that the will OF that portion of the citizens of
.ue o 'hese states who approved the Constitution and
MIShed 10 auoPt 1t, was not rightfully overruled and con-
,roied by the will Of The majority of their fellow citizens
these states respectively, although, as | have said, this
was out a small minority of all the States. This
uecisive 10 shew, that in adopting the Constitution, the
states acted as communities absolutely independent of
eacn other, each binding its own people TO adopt or reject,
as the constitutional majority of that particular S,a,e
thought best. Here then is a new and conclusive ni.ce
oil evidence, to prove the sovereignty of these States re.
,p.uuse1y' loI' none but a sovereign could righiiuHy
aDohshed the old government formed by the articles
ment in its stead. ~
e, in'lnS shewn oy whom this government was created,
1 VIII next enquire, by whom ii is preserved! The an
swer to this, is like that given to the former question. this
government Is preserved only by the agency of the States.
Unless the States prescribe the time when. The nl,co
where, the manner in which, and the persons bv whom
members OF the House of Representatives of the United
otates may be elected, there could be no such Represen.
De no Senators OF the United States. Unless the States
prescribe the mode in which Electors for choosing a Pre-
sident and Vice President Of the United States shall be
neither oil these Offices could be filed. And
without a Presiden, to nominate, and Senate to advise.
mere could be no Judges appointed. But a government
wi.hout agents 10 perform either lie legislative, executive or
judicial functions, would be as deiormed a monster, as that
oil which the President has spoken in this Proclamation. a
n alton Tor certain purposes only.
IL may be said, perhaps, that although some of the States
mright refuse or omit to pass the laws necessary to give eff
to those provisions of the Federal Constitution, which
require the appointment ola President and Vice President.
OF a senate and House OF Representatives, yet so long as
others do so, the government would 90 oil, needless of the
recusant States | will not stop to enquire whether this
so' Tor even II 1t is, II does not vary my argument, the
OBJECT oil which is TO shew, that the Federal Government
IS not preserved by its own means, but solely al the will
ana oy the means oil the States. Its absolute dependency
upon these Tor its existence, would not be less, if that de.
was upon some, and not upon all nor would the
tenure upon which it holds all it's powers, be one whit less
preearlous' II these powers are held under the will of a ma
lority only than IT they were held under The will of the
STATES In either case, 1t is a dependant thing, and its de-
for existence is upon the States.
IL may be said, also, that the faith OF the States is pledg-
ana all thelr officers are bound by an oath, to support
The Constitution OF the United Staes; therefore, IT IS moi
lar 10 reason from a supposition which rests upon a breach
~ " "'O'o . i"'Nhb anu lUe NlOidIlOn oil the Odth9 OF lS
feople. ms is all true, but ii only proves that for which
i am contending, that this Federal Government is pre-
served soieiy by The States, who, of necessity, are, and
must be, the sole judges of what their faith requires: and
could absolve their own citizens from the obligations
this oath, as easily as they did from the obliga atoms OF that
which pledged their allegiance to the British Crown-And
mere let me beg oil those who rely upon this argument of
pledged idlth, TO read the last clause OF the thirteenth Ar.
llcie oil the old Considerations; and in doing so, to remember
the cases oil North Carolina and Rhode Island, TO which |
have before adverted. 1 beg every Virpinian. foe. IN
think OF his own oath OF fidelity, and to settle with his
conscience, whether this is abrogated by that tn
which i have before referred.
Having thus sbewD, that the Constitution of the United
states was established by the will of the several States.
aHd 10 preserved only by the agency of the several States,
l VIII next enquire by whom il may be altered The
n tn article OF the Constitution itself, answers this aues-
uon. Ii VIII there be seen, that where amendments are
by two-thlrds OF both branches OF Congress. or
by a Convention called for proposing amendments in either
case, such amendments cannot be valid as parts of the
Constitution, until the amendments so proposed shall be
''rahfied by the Legislatures OF three fourihs of the ever.
al States, or by Conventions in three -fourths thereof. az
the one or the other mode of ratification NAV be proposed
by the Congress" BY this it is obvious, that the States
established and who preserve this Constitution, can
alter ~; and the only difference between the powers ex-
erted TO create and to alter, is merely this, that in the crea.
lion, the assent of each State was necessary TO make il oh.
lgatory upon each; but il may be amended by the con-
oil tbree-iourthso only OF the States, and amend.
ments when 50 ratified, will be obligatory upon all. In this
mode II has been four times amended.
W., then, these States have created, do preserve. and NAV
at any time Ohree .fourtbs Of them consenting) alter this
Constitution, and this too according to its own provisions, is
1t not idle TO say, that they are not sovereign, because thew
have surrendered many OF their essential paris of Sow.
by this Instrument They may have surrender.
ed much OF their power, much Of their Jurisdiction. and
many OF their rights, by this Instrument; but one right thew
have not surrendered, certainly, and that is their right
TO alter this Instrument itself, and so TO cancel by their will