Daily Richmond Whig & public advertiser. [volume] (Richmond, Va.) 1833-1840, 1833-04-03
follow in;S the ssn'le4an in the eosrs. Of d. rsa

i follow the gentleman in the course Of biz res
He defines Constitution to be fundamental
law, which Organizes the Government aud points
out the mode of-its action. l will NOT object to
the definition, though, in my opinion, more APP
propriate one, or NJ least one better adapted 10
American ideas could be given. My objection
IS not TO the definition, but 10 the attempt 10 prove
that the fundamental laws Of State cannot be
a compact, as the Senator seems to suppose.
hold the very reverse TO be the case; and that,
according to the most approved writers on the
SUBJECT oil Government, these very fundamental
laws, which are now stated, not only not to be
compacts, but inconsistent with the very idea of
compacis, are held invariably to be compacts I;
and IN that character as distinguished from the
ordinary laws Of the country. ] will cite a sin
gle authority, which is full and explicit ON this
point, from writer Of the highest repute.
BarlamaQui says, vol. ii. part l. chap. I. sec.
IS, SO, 81, SO: ait entir>.y depends upon free
People to invest the sovereigns whom they place
over their heads with an authority either abso-
Lutte or limited by certain laws. These regula-
tons, by which the supreme authority is kept
within bounds, are called the fundamental hI,cs
| Of The State"
"The fundamental laws Of State taken in
their full extent, are not only the DEGREES by
which the entire body Of the Nation determine
the form OF Government and the manner. OF
succeeding to the crown, but are likewise cove
nants betwixt the People and the person on
whom they confer the sovereignty, which regu-
late the mannerof governing, and BY which the su-
| preme authority is limited" SAG b.
| "These- regulations are called fundamental
laws, because they are the basis, as il were, and
foundation OF the State on which the structure
OF the Governments raised, and because the
people look upon these regulations as their prin-
ciple strength and SUPPORT.
"The name of laws however has been Civ
en- to these regulations in an improper and fgu-
rative sense, for, properly speaking, they are
real corendnfs. But as those covenants are OBJ
| lgatory between the contracting parties, they
have the force of laws themselves.
| The same-2d vol. part ,, CHI. l, sec. 10 and
~, in part 1.-THE whole body Of the nation, in
whom the supreme power originally resides,
may regulate the Government by fundamental
law. IN such manner 10 commit the exercise
OF the different parts OF the supreme power TO
different persons or bodies, who may act indie
pcndently OF each other in regard to the rights
committed 10 them; but still subordinate to the
laws from which those rights are derivedn
! And these fundamental laws are real cove
nants, or what the civilians call p1cid cOnreHtd,
between the different orders Of the Republic, by
which they stipulate that each shall have a
particular part of the sovereignty, and that this
shall establish the form Of Government. IL is
evident that by these means each Of the con-
II
erclsing the power granted TO it, but also of pre-
serving that original right"
a reference 10 the constitution of Great Brit
AIN, with which we are better acquainted than
with that Of any other European Government
Will show that II is n compact Magma Charta
may certainly be recsoned among the fundamen-
/. tai laws Of that kingdom. Now, although j,
did moi assume originally the form Of compact
vet before the breaking up Of the meeting Of the
barons, which imposed II on King John, il was
reduced into the form Of a covenant, and duly
| signed by Robert Fitzwalter and others. on the
one part, and tbs King on the other.
But we have more decisive proof that the
constitution OF En-. land is a compact in the re-
solution of the Lords aud Commons in 1888
which declared, that ''King James the Second
having endeavored 10 subvert the constitution OF
the Kingdom, by breaking the original contract
between the king and people; and having, by
the advice OF Jesuisis and other wicked persons
ss o sss Che s 2ps Ss
| Government, and that the throne is thereby be-
! come vacant a
But why should refer to writers upon the
subject OF Government, or inquire into the con-
situations of foreign States, when there are such
decisive proofs that our Constitution is com
pact. On this point the Senator is es.opped.-
! borrow from the gentleman, and thank him
for the word. His adopted State, which he SC
ably represents on this floor, and his native
State, the States of Massachusetts and New
Hampshire, both declared, in their ratification
of the constitution, that il was compact =
| The ratification of Massachusetts is in the fol
lowing words:
In Contention Of the Delegates OF The PEG
pie Of Me Commonwealth Of MdiSachuSets,
Feb. 6, 1888.
"The Convention having impartaly discus
sed and fully considered the Constitution of the
United States of America, reported TO Congress
! by the Convention of Delegates from the Uni
ted States OF America, and submitted to us by
a resolution Of the General Court of said Com
monwealth, passed the 25th day Of October last
past, and acknowledging with grateful hearts.
the goodness of the Supreme Ruler Of the Uni
verse, in allording the People of the United
States, in the course of his providence, an OBJ
portunity, deliberately and peaceaby, without
fraud or surprise, Of entering into an explicit
and solemn compact with each other by as
senting TO and ratifying a new Constitution in
order TO form a more perfect union, establish
justice insure domestic tranquility, provide for
the common defence, promote the general well
fare, and secure the blessings Of liberty to them
selves and oil Massachusetts, assent TO- and "a
tify, the said Constitution for the United States
/ Of America"
The ratification Of New Hampshire is taken
! from that OF Massachusetts, and almost in the
same words. But proof, if possible, still more
decisive, may be found in the celebrated reso-
lutions Of Virginia, on the alien and sedition
law, IN IDS; and the responses Of Massachu-
sets and the other States. Those resolutions ex-
pressly assert that the Constitution is a COM
pact between the States, in the following Ian
guage: Here Mr.. G. read from the resolutions
Of Virginia, as folows1
THAT this assembly doth explicitly peremp-
toIily declare that pieos The pocers Of he Fsde-
raj Government as resulting from The compact.
10 ietich The States oee pdries, us limited 6y me
plain sense and intention ofthe instrument con
sthding that compact as no further valid than
! hey are duiForisefby The grants enunerdied
IN That compact; and hat in case of a dsiib-
crate paipGbie, and dangerous srercise Of Other
Porers, not granted by The said compact, the
States rho are parties thereto hare ds yiRbi
and are IN duty bound 10 inisrpose for ayTesting
| The progress Of The erH, and for maintaining,
| lrlLhIn Lhnir rn.r,.cLirn Liu1.L. liz l...