Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1833-04-11
* TOLER.

pact looks tn some power 10 ENFORCE us sipuia'
! lions. Even in a compact between sovereign
communities, there always exists this ultimate re-
ference to "A power 10 ensure its execution al
hoagh, in such case this power is but the force of
one party agans, the force OF another-that is TO
say the pow er of war But GOrernmcpt exc
cutes its decisions by its own supreme authority.
Its use of force in compelling obedience to its own
cnactments, is not war. II contempletes no oppo-
sing party having a right of resistance. 1t rests
Oh its own power TO enforce its own will Il when
| it ceases TO possess this power, II is no longer
| Government.
! Mr. President, concur generally in the very
! able speech oftne gentleman from Virginia, near
me- Mr.. RivEs hat it Is not without dlfhdence
and regret that venture to differ with him ON any
point His opinions, sir are rcdolent OF the doc
/ trines of Il very distnguis he'd school, for which
| have the highest regard, Of whose doctrines can
say, what also can say of the gentlcman's speech,
that, while concur III the results, must be per
! mitlcd TO hesitate about some Of the premises
do not agree that the constitution a compact be
tween States IN their sovereign capacities. do not
agree that in srlcncss of language, IL is n compact
| at ali But do agree, that IL /Ounded on con-
! semi, az agreement or on compact, if the gentle
man prefers that word aud means 10 more by II
than voluntary consent or agreement. The cor
stituilon, sir Is not contract but the result of
contract; meaning, by contract, no more than
sent. Founded on consent, it is Government pro
per. Adopted 10y the agreement of the people of
! the United States, when adopted il has become
constitution The people have agreed to make
| constitution but when made, that constitution be-
cones what its name imports. II is longer
| mere agreement Our laws, sir have their ioun-
datlon in the agreement, consent, of the two
! Houses of Congress. We say, habtually that
one House proposes n bill and the other agrees 10
| 1t but the result ofthls agreement is not a com
/ pact but a law. The law, the statute is not the
agreement, but something created by the agree
ment and something which, when created, has n
ne" character and acts by rs own aut .rity. So
the constitution of the United States founded IN or
on the consent Of the people, may be sud to
compact, or consent, but 1t is itself not the com
! pact, but It's result When people agree to erect
government, and actually erect II, the thing is
done and the agreement is at an end The com
| pact is executed, and the end designed by it at
+, tanned. llencctorth, the fruit of the agreement
exists, but the agreement ltseIs merged in own
accomplishment since there can be no longer a
| subsistn5 agreement, or compact, 10 f1m n
constitution or government, after that constitution
or government has been actually formed and estab-
| Ishcd
1t appears to mr., Mr.. President that the plainest
account of the establishment of this Government
!
! foundations. The people of the severed Sla'es had
! their separate State Governments and between
,he States there also existed confederation, With
lhls condition ofthIngs the people not satsh-
! ed the confederation had been found not IN full
fl its intended objects II WIS pfop0Sed therefore,
10 erect "A new, common, Government winch
should possess certain definite powers such re-
gar'ed the prosperity OF the people OF all the Saesi
aud TO be formed upon the noral model Of Amci
lean constitutions. This proposal asstn tcd
to, and an instrument was pre- ened 10 the people
Of the several States for their considc alton. Trey
approved it, AMI agrcedto edopt f,as con,tt tim,
They executed that agreement they I'D trd liz con-
stuon asa const tutor hence 'or,ll II must stan
as a constitution until II sh all be altogether destroy
ed Now sir is not this the Truth Of the whole mat
ter 2 and is not all have heard of compact be-
tween sovereign States the mere effect OF theorct
cal and artificial mode Of reasoning upon the sub
| lect } mode OF reasoning which dlsregards PLAIN
facts, for the sake Of hypothesis p?
Mr. President the nature Of sovereignty, or Sovc-
reign power, has been extensively discussed by gen
tlemen this OCCASION as 1t generally u.s. when
! the origin of our Government Is debated. But
confess myself not entirely satisfied with arguments
and illustrations drawn from that topic. The
sovereignty of government is an idea belonging to
the other side of the Atlantic. No such thing is
!
all limited. In Europe, sovereignty is of fcudal or
gin, and imports no moro than the state of the soyc
reign 1t comprises his rights, duties, exemptions,
prerogatiycs, and powers. But, with US, all power
is with the people. They, alone, are sovereign );
! and they erect what Governments they please, and
confer on them such powers rs they please. None
OF these Governments IS sovereign IN the European
sense of tho word all beng restrained by writ
ten constitutions. 1t seems to me, therefore, that
we only p.rplex ourselves when We attempt to
explain the relations existing between the General
| Government and the several State Governments,
according to those ideas OF sovereignty which
prevail under systems essentially different from
our own.
But sir, TO return to the constitution Itself, let
me inquire what it relies upon for its own contnu'
ance and support. l hear 1t often suggested that
the States by refusing to appoint senators and C.
! ectors, might bring this Government II an end
Perhaps that is true but the same may be sad OF
the State Governments themselves. Suppose the
Legislature of a State having the power to up
point the Governor and the Judges, should omit lha'
duty, would no, the State Government remain UNI
organlzed2 No doubt, all elective Governments
may be broken up, by general Abandonment, on
the part OF those entrusted with political powers
of their appropriate duties But one popular uo'-
ernment has, in this respect, as much security as
another. The maintenance of this constitution
does not depend on the pighted faith of the States
as States, to support ii and this again shows that
it is not league 1t relies on individual duty ana
obligation.
| TIE constitution ofthe United States creates ni-
| rect relations between this Government and indi'
vduals. This Government may punish individuals
for treason and all other crimes in the code, when
committed aga inst the United States. 1t has power,
also, to tax individuals, in any mode, and to any eh
tent and i, possesses the further power ofdemanu-