Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-02-05

ton The instrument itself declares that It's objects were
to form more perfect union; provide for the
defence and secure the blessings Of liberty to themselves
and their postenty. Would il not you justly remark,
have been suicidal act, have provided in such an
instrument Tor its own destruction, and rendered that
mortal, which intended TO be immortal! Such a
right on the part of State, leading directly in its
exercise, iosuch mischeyous and runous consequences
could not have been intended, by those who formed the
Constitution. II so, instead OF forming Union per-
ieet aud creating Government Of more enlarged pow
ers, they were forming little else than Amphyctonic
league, and Union infinitely than the
old confederation Instead OF promoting union and
cord among the States they would HAY Left
we'd so fatal TO all coniederated Republics, and which il
was The great and leading purpose OF the Constitution
avoid lnsteado Of the high and holy purpose OF creating
bond oil uniOn that should keep all the parts firm and
compacted together and secure for the happ
ness 81 themselves aud their children, aud the unborn
millions, whose desnies TO be affected by their
uuct anu councils they were forming confederation and
Government which might be dispersed amongst contend
ing winds at the will and pleasure of single State This
cannot De believed The Constitution contains in every
part OF II the strongest internal evidence, that such
right was ever intended TO be couhded any State
III the Union Look my dear sir in the first place the
provisions in relation to its amendment BY these
fc0hirds of both Houses OF Congress authorised to
propose amendments; on the application OF tcothd
OF tie State legislatures TO call Convention for propos
ing amendments; which in either be ratified
Oy thTeeJoWhs OF the State Legislatures, By Con-
veniions in three fourths; the the other mode
may be proposed by Congress. What the obvious
reasons Tor all this caetion and jealousy, the
ami power oi amending the compact ITSELF The history
Of those times and the OF The day, will instruct u.s.
IL was, to guard on the side against that extreme
cty which might render the Constitution too mutabr
and ON the other, against the extreme difficulty, which
might perpetuate s discovered defects The con,p,ct
was moreover Feder0 not nafi0nGi act. IL he
founded, it is true, the the people of America
not though as individuals composing aggregate or
homogeneous mass, but composing distinct and iude-
pendent States, TO which they belonged. The authority
oi the people in each STATE distinct societies and com
mumiues, formed our Union and Constitution, and the evil
dence Is too strong and clear TO be questioned II il had
l.,
That we find Mr. Nj allison, anil those united with him,
declaring in the Convention OF the States and i'm their de-,
renee oil te Constitution before The people, that it
result neither from majority Of the people OF the Union
nor ircn my0Tty@ The StdtcsThat the people had
been regarded IN the adoption ofIhe Constitution forming
ono naon then the will OF majority OF the whole people
of the u States would bind tie minority; but that this wa.
not in'ended-Ihey distinctly and solemny assured the
people and the States, and encnvOred impress on them
the iact that the Constitution about TO be established was
to be federal and not national compact This yo well
know, has always been considered bv Vir,iu, ill., ,rue
doctrine Ii asserted and ably vuticatrd i'm her re-
port OF 99 aud go by Mr. Madison aud She still holds the
same opinion The Constitution then having properly de-
MED The right of amen lment a majority Of the whole
people OF the U States as well to majority Of States
(admiiing each State OF that majority TO be tuauimous
Is 1t to be believed that could have been Intended either
ny lhoSc VINO formed TIE constitution by the people,
that any State (and she necessarily unanimous
should have the right of seeding Withdrawing from
the Union at pleasure, and thereby dssovinp conp,ct
winch neither she nor majority OF all the States or peo-
pie, had The power 10 amend! But, agan-Look TO that
clause which declares, that The ratification by nine of the
su'ui I nus presume you know, was strongly OBJ
Jeced TO, both in and out Of the Cow enon on the prouud
mat That body had transcribed their authority, that
plan should have been reported requiring the assent and
ratification OF all the States That the confederation of
ST. having been solemn compact between the States
could not be superseded dissolved without the mani
consent of all the parties 10 it, These ecions
were considered plausible but they resisted ON the
ground that to require the unanimous ratification by the
m"een states would have subjected the interests the
whole 10 the caprice pleasure of a single State was
considered absurd to assert the proprey the right
Squeezing me late oil tceiUe States TO the will of one
memorable example cited under the old conedera-
on oil the opposition OF srteh part of the peoe of
America TO measure which had been called and ap
proved by tyty nine srtiehS of the same people This
provision in the Constitution was moreover defended unon
the principle OF se preservation, and paramount law
Ofnaturc which teaches us that the safety and
society should he the great objects of all political inslt
lions. II can hardly then be believed, that whilst these
sagacions and profound statesmen thus denying the
right oil any one State 10 prevent the dissolution OF the old
confederation and the adoption Of The Constitution es
Pecialy upon the principles Of self preservation they
were clothing and arming such State under the new com
paci, WIN powers equally alarming and dangerous Be
sides, why was that provision which authorizes Congress
TO regulate in the last the election Of its members
strenuously insisted on and finally adopted; was il
not TO give the Federal Government the power OF pre-
serving its existence far least as regards the
House OF Representatives? Ii from accident or bv dc.
sign, the States should neglect or refuse to provide
Tor me appointment OF representatives,, not this
provision intended the constitutional remedy: Was
It not in fact designed by the trainers of the Consli,u
on IN TINS way To guard and protect the rights and
rliy oil Tie whole people in the preservation of their
Union aud government against the negligence or hostility
Of any State government The States ii is true were
Jealous, and properly Of this power and although they
admitted that right 10 inerpose whenever became
cesSaTy Tor the safety and security OF the government and
Union, ought to be given, yet they wished it limited to
NE ultimate and not primary action of Congress Hence
was, that on the ratification of the Constitution by the
Staeso New ork, Massachusetts, Virginia and - Caro-
una, they expressly declared that this power ahoue
granted to the Federal Government oup hi not TO be
clsed 10y Congress, but in where State shoud eg
tect or refuse to make the regulations required by the
ConsltHt0n, or make such subversve of the rights
Tue people 70 equal representation, &c, and in the Con-
gess - 80, the following one of the amend
mems which Congress ought TO propose the Constu.
uon ;"Ihdt Congress should alter inodify on in.
teJeTe an The times, places manner IF elecfine Sc
Hdt0TS on Representatives., unless State should refuse
or neglect, or be unable from uGson or rebellion 10
make such election" This amendment WAS rejected
1t was opposed by Mr. Madison and others on the ex-
press ground that the power conferred by the Constitution
was deemed by the Convention essential to the
oil ue Federa Government, and the security and safety
OF the Union. The warnest advocates Of the amend
ment aud OF the Rights of the States admitted the neces
SHY oil some such provision in the Constitution but the
wisheu IL limited to the right of interference only after
o'ae should refuse or neglect 10 act. Among other
ngs 100 twas urged as argument in favor of thus
lWthg me P0tCer, that the States by the Constitution
had The power in refusing elect Senators and Electors
OF President 10 dissolve the Union and suspend ,e 90
vernnent aud that therefore, they ought not i'm relation
10 ms power oil eiectng Representatives. be regarded
wan SO much distrus and jealousy. II was conceded II
answer 10 ms that although majority Of the States re.
ung 10 eject Senators aud Electors might sspend and
destroy the government fanoer great and
reason because such power was necessarily given in one
instance, where the States required Co act shout,
5o gwen IN every other. IL was admitted that the poe
W 70 senators and President might DC abused anc