Daily Richmond Whig & public advertiser. [volume] (Richmond, Va.) 1833-1840, 1833-04-04

make the exercise OF that part Of the sovereign.
y whence these performances proceed, depeu-
dent on the consent Of their allies, or to rctrench
apy thing from their full and unlinited powsr Of
governing their own States. Thus we see tbst
ordinary treaties propose, for the most part, as
their aim, only some particular advantage OF the
| states thus transacting-their interests hsppep-
ing ss present TO faliin with each o.her-but do
not produce any lasting union as TO the chief
management Of ahairs. Such was the treaty of
alliance between America and France, in the
year i776, by which, among other articles il ws
agreed that neither Of the two parties should
conclude either truce or peace with Great Brit
i IAN without the formal consent of the other
hrst obtained, and whereby they mutually en-
gagged not to lay down their arms until the indie
pendence OF the United States should be formal
ly. or tacitly assured by the treaty or treaties
which should terminate the war. Whereas, in
these confederacies, OF which we are now sneak
ing, the contrary is observable, they being estab
lished with this design, that the several States
shall forever link their safety one with another.
and iniorder to their mutual defence, shall engage
themselves not TO exercise certain parts OF their
sovereign power otherwise than BY common
agreement and appreciation. Such were the sti-
puia'ons, among others, contained in ill.,. articles
Of confederation, and perpetual union between
the American States, by which il was agreed.
that no State should, without the consent Of the
United States in Congress assembled, send any
embassy to, or receive any embassy from, or en-
ter into any conference, agreement, alliance or
treaty with any king, prince, or State; nor keen
up any vessels Of war; or body Of forces, in time
oil peace; nor engage in any war; without the
consent OF the United States in Congress assem-
bled, unless actually invaded; nor grant COM
missions to any ships Of war, or letters of maroue
and reprlsal, except after n declaration OF war,
by the United States in Congress assembled;
WIN several othersi yet each Stale, respective
fly, retains its sovereignty, freedom, aud indie
repdence,. and every power, jurisdiction, and
right, which is not expressly delegated to the
United States in Congress assembled. The pro-
misses made in these two cases here compared,
run very differently; in the former thus: "f
VIII join you IN this particular war; as a con-
federate, and The manner Of our attacking the
enemy will be concerted by our common advice ;
nor will we desist from war, till the particular
end thereof, the establishment Of the indepen-
dence Of the United States, be Obtained" In
the latter, thus: I" None Of us who have entered
into this alliance will make use of our right as
to the affairs Of war and peace, except BY gene
raj consent Of the whole confederacy." We
observed before, that these unions submit only
some certain parts Of the sovereignty TO mutual
direction. For II seems hardly possible Ika,
the affairs OF different States should have so close
connection, as that all and each Of them should
look on IT as their interest TO have no par OF the
chief government exercised without the general
concurrence. The most convenient method,
Therefore, seems to be- that the particular States
reserve TO themselves all those branches OF the
supreme authority, the management Of which
can have little or no influence in the affairs of
the rest"-[Mr. Calhoun proceeded
II we re our present system with the
old confederation, which all acknowledge 10
have been federal in its character, we shall find
that il possesses all the attributes which belong
to that form Of government, as fully and COM
pletely as that did. In fact, in this particular,
there is but single difference, and that not es-
sential, as regards the point Immediately under
consideration, though very important in other
respects. The confederation was the act Of the
State governments, and formed an union of GO
vernments. The present Constitution is the aci
of the States themselves, or, which is the same
thing, OF the people Of the several States, and
forms an union OF them as sovereign communi.
ties The States, previous to the adoption Of the
CONSTITUTION, were as seperate and distinct politi
4 cal bodies as the governments which 'represen,
\ them, and there Is nothing in the nature oi
things TO prevent them from uniting under com.
pact, in a federal Union, without being blended
in one mass, any more than uniting the govern
ments themselves, in like manner, without merg-
ing them in single Government. To illustrate
what ! have stated, by reference TO ordinary
transactions, the confederation was a CONTRACT
between agents-the present Constitution be-
tween the principals themsclves:-or TO take q
more analogous case, one is league made by
ambassadors the other league made by sove.
reigns-the latter no more tending to unite the
parties into single sovereignty than the former
, The only difference is in the solenri.y Of IN.
act and the force of the obligation.
: There indeed results most important dhIe
renee, under our theory Of government, as to I'll,
nature and character OF the act itself, whether
T executed by the States themselves, or By thei
m ne huf \ a..
: stated, not at all affecting the question unde
consideration, but which will throw much ligh
ON a subject, in relation 10 which must thinl
the Senator from Massachusetts has formed
, very confused conceptions.
The Senator dwelt much on the point tina
the present system is a Constitution and Go
: yernment, in conradistncton TO the old confed
GRAFTON, with view OF proving that the Con
!, stiution was'not a compact. Now, concede &c
the Senator, that our present system is Consti
tuition and Government-and that the former
the old confederation, was not Constitution OF
Government:-not however for the reason which
be assigned, that the former was a compact. am
the latter not but from the difference OF the orr
GIN from which the two conpscts are derived
According TO our American conception, the pco
pie alone can form constitutions or governments
and not their agents. II is this difference, anc
this alone which makes the distinction. Hat
the old confederation been the act Of the peopl,
OF the several States, and not Of their govern
ments, that instrument imperfect rs il Is, would
have been Constitution, and the agency, which
u created TO execute its powers, q government
This is the true cause Of the difference between
the two acts and not that in which the Senator
seems to be bewildered.
There is another point, on which this differ
ence throws important light, and which has beer
frequently referred TO in debate on this and for
mer occasions refer TO the expression in IN,
preamble Of the Constitution, which speaks o.
forming more perfect Uinon," and in the let
ter Of General Washington, laying the srauph
OF the Convention before the old Congress In
which he speaks Of consolidating the Unions
both OF which conceive TO refer simply to IN,
fact, that the present Union, as already stated
an union between the States themselves, and
not an union like that which had existed between
the government Of the States.
We will now proceed to consider some Of IN,
conclusions, which necessarily follow from III,