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

ciees i'm their highest sovereign capacity In that
sense the constitution submitted 10 the States in
that sense the States ratified B and in that of the
term States, they parties the
om which the powers Of tue federal government result
IL Is then apparent that with this exposition OF the term
compact, end Tins meaning OF the word States, both OF
which are Hndoniahe; the proposition that the constitution
- compact IN whck the States parties, Is more
than declaration in didreut language, that il is ee-
veiument which the people the several States acting
IA ilci highest sovereign capacity parties parties in
Tie only possible sruse; that is 10y giving the sanction
at their authority, 10y ratf,ing aud confirming IT, and last
~ ny oaning and establishing IT, a. the Constitution for
the United States.
But, sir, might concec ir IL were necessary 10 the
argument, hat the term States nplics goveruuenor.
gSnzr communities; aud tai as such they are 20
compact OF government. Each State in that ci,w i
unit, udvidual and has more ripht "a vi,lr,,y
from ''c government, tau the individuals who eater in
To society and lop social compact, have right TO
withhold their allegiance. Thetc is not upon earth
moro perfect sovereign than individual i'm a state nj
nature. The comparative number of individuals who
may unite Tor the purpose OF establishing government
can make no difference in their obligations The relative
s"c"gm OF each III proportion TO the strength Of all, is
VA"cVy IN The inverse ratio OF the numbers who unite;
hul The obligation is imperative upon each OF thirteen
uiN iuuals, Nho become parties TO IA social compact "a,
upon zach Of thirteen millions, 1t is an oblig alton which
RESULTS from the principles OF justice and of immuable
truth Nor does the bnGnig nature OF the contract de-
pend upon the extent OF the granted powers Within its
legitimate sphere, the government of the u. States
upon nd iuas,as well States; aud the government
OF the whole people OF the United States, whatever be
the name or origin ascrbcd 10 it,
| Permit me, MIR. Chairman in confirmation of these
views, 10 read portion of the letter written by General
ashngton, President of the Cow nnnou ncin,
TO the old Congress- and 10 the community the result OF
their abors: II is obviously mpraccable in the Fed
erai Governments Of these States TO secure all the rights
OF independent Sovereignty each and vet proye for th
interest aud safety of ALL individuals entering into So
ciety give up share OF liberty 10 secure the res,
ne magnitude oil the sacrifice depend well on
situation and circumstance, OH the object TO be oh
tanned 1t at all times difficult draw with precision
" the line between those rights wbch surrender
ed aud those which may be reserved, and on the pre-
sent occasion, this difficulty increased by der.
ence among the several States their situation ex
"teut, habits aud particular interests"
la whatever light, therefore, view the Constitution
oil the U. States;-whehe regard il as eoyenmen mt
ordained 10y the people OF the several States COM
pact to which tho States parties; whether by States
we mean the people OF the iii their highest sove.
reign capacity, the States organized communities
on every conceivable hypothesis, the obligations OF the
Constitution are equally Imperative; and State has
right 10 absove herself from them.
1t is confidently alleged, however that the STATES or
virginia and New York, made express reservation of
The right 10 resume the granted under the Con
luton, at the time OF their respective raicaiions Of that
instrument With regard To them therefore, the right of
secession is claimed undcnabe. Let us exan,inc Ills
pretensoA The act oil the Virginia Convention or so
uch hcleol az IS material To the present enquiry is i'm
these words We the deee ates OF the peopls of yrqi
MA duly elected Sc, do, the name and i'm behalf of
The people OF Virginia. declare aud make known ha the
powers granted under tic Constitution being derived
from the people Of the United States may be resumed
by them whensoevcr the same shall be nerve,teJ 10
heir injury or OPPRESSION, and that every power not
granted thereby remains with them and At their will
That therefore right OF any denomination can be can
by the Senate, House of Representatives ACTING i'm
any capacity, by the President or any department or
officer OF the United States, except those Instances i'm
which power is given by the Constitution those pur
poses and that, among other essential rights the iber
ty OF conscience aud of the press be cancelled
abridged, restrained modified by any authority of the
% u States - ~
With these impressions, SC. we the said delegates in
the aud in behalf Of the people of Virqnis do bv
:" these presents rady the Constitution re-
g commcnded, sc. by the Federal Convention for the
Government oil the United States; hereby announcing
yh q Al
luton Is binding upon the said people, according to an
| g authentic copy" sc.
! Mr.. Chairman, it will be perceived in the first place
that thus declaration OF the Convention far from coun.
tenhncinS the idea that the powers the mt
be resumed by Jingle State, explicitly that those
powers oeihg derived from the people Of The u. States
eau be resumed by them their discretion This alirs
in The most emphatic language the very doctrine for which
cohtend-ba the power which creaics il alone CONNIE
tent TO destroy Had it been designed to convey the lea
hat any single State could rescind the work of al thai
Virginia, for example, could resuIs The no,yers ,t
IN the Constitutions of the United States what would have
been easier than 10 make the declaration? In the ne
place tits apparent that where the people of this Common
wealth. are meant III conradistinction those Of The Unit
ca STATES The language is equally plain unan,bgrous
hus we lind i'll the concluding part of the instrument,
where its obligatory character is announced is declared
10 DC Olhg, not on the people OF the United States Tor
whom Virginia could not be responsible, but on the peo.
pie OF this Commonwealth alone.
J Oac farther remark may be allowed i'm reference n
Tins document The obvious intention of il was 10 inJi
cate The sentiments of the convention in reference TO two
subjects which aiter,v ards eDpraed nm tho .,;
uton in the shape Of The first and tenth amendments one
relating TO the freedom of speech liberty of the
c ana Tie other 10 the powers 10 tho States
respectively, or to the people.
From The New York act of ratification will make on
~ lhls selection, none other being necessary:
" hat The powers of the government NAV be ro.os.
suned by the people, whensOever it shall become me-
" cessary TO their happiness that every power irisc
" uon ana Ilsht' which is not by the said constitution
clearly delegated the Congress oil The United States
or the departments Of the Government thereof
TO the people OF the several States or to their
] " state Governments TO whom they may have granted
" the same; and that those clauses in the said consit
Hon which declare, that Congress shall not have or
efcse certain powers do not imply that Congress is en-
Ied TO any powers not given by the said constitution
out SUCH clauses are TO be construed Their as
" 10 certain specified powers, inserted merely for
- greater caution" "
without troubling the committee with renetiGon If
the observations just made in reference to the Virginia
ra1hcaiion, and which apply equally TO This will call
heiT attention TO the diversity expression between a,
part oil tie New York document ch relates In te re-
sumption or Tc-asSumpton of powers aud that which RI
er' TO The reservation Otghts. In The first the ern used
IS people, showing that the power having been derived
rom the people OF the United States may be resumed bv
mem while in the second, the powers not granted are
/ retained iy the people of the several States
BON these important acts prove nconesbly the reverse
OF Incorporation which they relied apon 10 estab
lish They shew clearly that il not imagined either
III virginia or elsewhere, that any single State or anv
authority short OF The people of the United States had
nghtto revoke tile constitutions and dissolve the Union =
FSince these remarks the H. of eleyns Lvo
printed speech distinguished Of
we rgaGre, which contains the following passage; we
none 70 nc able To that each state,
70 he Union, resolved Of resuning the now
70 The General Govcnmen they DO per
il ay that