Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-08-16
FOR TIE EA-oUJReR

NO Ill.
This Assembly doth explicitly and petcmp,o,;,, ,, :,
views tho powers of the Federal Government as re.u e. -.
70 winch the States parties limited by ,h. Mai;
sense aud intention of the instrument III, 80 ~
mo farther valid than they authorized BY ho
" mat compact, and that in Of palpab. u,o,.,
s exercise OF other powers granted by tho sad comp,e
VINO are parties thereto, the right and are in du,
y" herpose, for arresting progress of tho evil an, g.
maintaining within respective limit, tho .,,ho,,.
aa' liberties appeanng Resolutions of pTrgns a,
Lastly, 1t is asserted "that in case Of deliberate
e, anu dangerous exercise OF other powers (by Con
s'cs2 no granted by the said compact the States VII
are P'rues thereto, have the right and are i'm d,v hon.,
10 Tor srrcs,ing the progress Of The evil and G
maintaining within their respective limits m. 'o
| rights ana liberties sppertainag 10 them
me states who are parties 10 the compact The, have
xh,h. LIZ " me in'ractio thereof, and to decide
wne'her !, mas been violated Why have bev IN. ih,s
because 'hey are sovereign, and parties to the co,
.cy sovereign must OF necessity, and according 70 m.
opinions OF the wise and good Of every counrw ;, s
Gnu ueSue LOT sei OH every question touching It's rights
sovereign parties TO compact always do decide an &C.
QUESTION relating 10 breach Of their compact IL is 50
eve" "nen INDIVIDUALS enter into a compact Each Ja
cdes whether the covenant has been broken but mo-, %
ma.e'y' because common srbi,cr has been oppon,ed
'.' aroer me question is referred by tho party
's"s' "ho complaint is made and whose action LA
arrested by the complainant But between sovsre;@na
e' Is ITO common arbiter and therefore ach decides Ii
ma'eiy aud In tho last The States then who h
been shown to be parties TO the Federal conn,., h;
sovereign have right 10 decide whether yioIs,;on
go, Two mas been committed, and "at in the last
resort III il be said that the administrator, of Tho Ed
RAJ Government, and not the States have broker ,h
compact when they have abused their powers and voIa
State ,;" that they are also the agents Of the
:, "e" complains and 80 the compla is rounjess
II IS answered. that the States by their aconescen
ne act OF the joint agents OF the States and are
therefore responsible for the Of their agents Tbev
'hereby adopt them as their own acts Ivy
III the Government of the United States were oro;
@ ppoS'non contained in this resolution would be oues
Du, IL Us gross error say thai il il sovera,n
III So II would he uncontrolable 1t wo,, no n,rs -
Tho e auIo,y which created it, would rise above
limited by nothing but by it's own will II would b.
uespousm Blackstone las well others) supposed Iba,
ne supreme power must OF necessity reside in thai bo
os'e or nation that has the power of making laws.
ana" therefore he concluded that sovereignty resided ~
tne nrlsh Parliament. This is a Legitimate conclusion
from The premises. The Parliament is uniim;,sd Wv, m
veregn, IN act in England. II NAV pass Yhat sS =,
may think IT. !! may change the Constitution if inSsei
"efe De british Constitution. But in the United States
can only pass laws within certain limits and Is hound
o0wn oy the Constitution All its powers arc enumer,,
s you 'nese can pass no law that not an act
", usu'Paon Every State Constitution declares tb,t
M resides IN the people, that the
w are the agents, trustees or servants of
Me people when the people formed Government n,
was with view TO promote their ow happiness and
w In the act forming government thew declared ths;
superiority and the subordnaon of their ae
ey ua not mean TO raise up over the mise Ives
and 10 become their slaves, but they intended 10 anno
agents 70 promote their good do for them :a,
was 700 announcement Tor them to do themselves They
nad no Idea OF surrendeng I'd their natural riabt, h.,
hey instituted Government that thew niobt r. ,h
VI we whoie 10 protect each individual in the eniov
ment oil MS natural righs-"personal Iberv ncrsonai
security and the right OF acquiring and
w ana me pursuit OF happiness error ia more s
man that into which many have fallen (bec,usa Ii
have in early life heard it assered) CHA, man
eners mo government surrenders part of his natural
ma, ne may be protected in tho enjoyment of the
so much OF the end for which he re- into Co.
Vernment would be defeated He surrenders none or NJ;
natural rights: they cannot be esimately surrendered
"ue 'ae. is' tnat he only grants TO the Government
me power OF deciding on the in which thea shall
ne exercised or enjoyed In the several States ,bs
e. " e oa'e are sovereign--or, in other words the
STATE Is sovereign. The administrators of
Government itself, is subordinate Every State Cons,
loh Us iounded ON these principles. They are declared
aeoe "e constitution The Declaration of Indepen-
-, u'ecny asserts The same principle And il is per-
lec'iy clear, that the Constitution of the United SAL
founded also on The same principles
80: puope' because they are sovereign, above all
cons'Vions' ana can alter them pleasure. Consttu.
',ons are ihceed commissions granted by the peopIe nm
uer "nch governments act They made 10 assign TO
e Puoic agents. Their respective spheres of action n re-
strain tho public servants from abusing ,ber ,rs,s ..
marx out The extent OF their powers (Which might win
gea' poprety be called dues) and protect minori-
"es ag"inst maloies Legitimate governments are the
creatures OIL subordinate 10 and bound down by Consu
uons' under which they act There is then not even
PIo;,aJ M e suggestion mat the government of the
Uhleu states Is sovereign. IL the administrators of the
Federal Government should violate the Cons,i,on. II
snou'd pass acts not warranted by the Const.
"oh "ha remedy have the STATES who are parties to the
compact! This question is answered nv tie resoIro
uhnef CONSIDERATION, so far as il then ba Il
should he answered. IL the violation should NOT he J
Papao'e anu dangerous, the eauences flowing
from 1t might not render il necessary for State IN ,
pose Probably the act would be repealed: but if ,be
Eo"gress WOMB not repeal early nigh, be desira.
o'e' might not be expcdent 10 nterpose but TO reIv on
returning sense Of justice in the Congress. acted pon
by The balloboxes and by public opipon But If il he "
deliberate papabe and dangerou ercise of poe
he resolution has declared is not onlv the rich,
ou' me oy OF the States to nerpose for arres,inp the pro
gross OIL the evil and for maintaining within their
i've 'ms me authorities, rights and liberties spper,ainng
10 mem Here the principle s declared They have the
ght anu are IN duty bound 10 nerpose. How thev are
TO inerpose 10 the progress of the evil il
unnecessary TO declare, stree would depend ON The
lure OF he egDate act and the urgency of tIe casa
was therefore proper only TO declare the principle 10 be
apPned 10 the particular case when il should occur
NOTWITHSTANDING The grants of power 10 the FederaI
Government, the States little liable to control in the
management Of their not entrusted 10 the
nen oil The United States, agreed by them not 10
be managed by themselves, and their right 10 project and
MAINTAIN WITHIN their respective limits the remaining a.
oI'es rights and liberties apperaning them as il
Constitution Of the United States Tina, this E asserted he
the Resolution, is clear upon principle and sustained v s
10th amendment before referred TO- = -"
NJ The adoption OF the Constitution the States
athe rights authorities and liberties IN Staes
or nations When they delegated TO their ioin,
The condition after the grant before IL was made and
me states might exercise any power which they coud he
lore nave exercised, 'if the power not granted
sVey TO The Federal Government or the exercise of II
was not incompatible with the grants or the States had
not expressly agreed by the compact not To xerc tho
men when reserves TO the States The people Of the
states respectively, all powers delegated 10 the Unit
ca Hnesj and II has been sanctioned by the Su.
preme Court Of the United States
u then the resduary Of rights and powers before
,e'ang IN .e states or people thereof and granted