Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-05-28

ken by the other parties So Far from II, II sms breach
ies the act declaring its dissolution from obligations area
dy violated by Others IL disturbs relations sub.sng
between any others independent OF ITSELF but leaves to
them the full and free exercise OF all the rights and priv
eges which the party vScang the Covenant has claimed
aud exertcd Tor itself alone III they content abide
by the broken Covenant st they Tree do so, whe
Their they think has been violated II they choose
to follow the example set they have the right do
so, as was exerciscjb by those who set the example
To the Moralist, or the Jurs the PuLcist, these
well settled propositions need no illustration by any
ample To others, will give only one found in own
history Tho thirteenth Of the old rncles OF Coniede
ration, declared. that 'the Articles OF this
shall be nviolby observed by very Sate and the Union
shall be pstpeoas nor shall any alteration at any time
hereafter be made in OF them unless such alteration
be agreed TO in Congress Of the United States, and
be afterwards confirmed by the Legislature of every
Stale Yet did eleven only Of the thirteen States in OPP
posing TO the woi the two Others alter that solemn Cove
nant by the present Constitution Of the United States;
and according to the provisions this latter
nine states only might have done So as to themselves
as egimately as did the eleven. From whence was
such power, which all concede to have been right
fully exercised. derived! Certainly not from the Ar,i-
ces oil Confederation themselves for by this very article
the consent Of "every State was to make any
alteration whatever in that instrument. Nor from the
TACT that nine States then constituted majority Of all the
States II 80, seven States would have been sufficient;
and moreover, tho old Articles of Confederation might
have been put into operation i'm the year 773 when thew
were agreed 10 by majority OF the States three years be-
fore they went into actual operation by the of
all the Staos The power derived in Mis- way: The
Old Articles OF Confederation had been violated in various
ITO comply with the acquisitions and recommendations
OF congress, made in pursuance Of that Covenant
These repeated violations of it, had given every par
~ TO II, the perfect right 10 declare that il was no
onger obligatory upon them. But, although this was
Their clear right, prudence. aud policy Dictated that
they should not exert thi. right until thew had pro.
vded substitute for the old Covenant and until this sub.
sute should have received the concurrence of least
ne OF the States This being DONE their right vacat-
ing the old instrument, which had been perfect before
was then prudcnty exercised So this very Federal
Constitution grows out OF the conceded right Of State
10 declare the obligations of Covenant no longer oya
tory upon ITSELF when that Covenant has been broken by
| other parties 10 il.
II must not he sai that the Article. of Confederation
were the act OF the State Legislatures and the ne,y Com
son the act OF the people OF the several States and
that the latter abrogicd the former, because il
from superior power The People of the several States
ny very long acquiescence had adopted the Article, of
Confederation az ;heir act. Under these Articles ma
ny Treaties had been concluded, many other
md been entered into, had been on and reac
made in their name, and with their appreciation An those
were acts, that could only have been done bv acknow
lodged agents and Representatives OF the Soy ereignty
which, as has been shewn then ahided in the people OF
the several Safes in their corporate character of State.
and WAS specially reserved TO them such in this in
suncnt Therefore, the change OF this Covenant, male
in directly ia opposition to one of ts nroyson
and against the will of of the parties cannot be s
uhed up this ground but be referred to the other
" 80 REFEREED the reason OF that provision Of the
constitution, which confined its operation oto ihe States
r'uying the same, even after might be ratified bv nine
Saes' OBVIOUS he Old Covenant being annulled, the
States were renitted TO their former condition. and could
not then he bound by any Covenant 10 which thew
were not parties '
This example well illustrates what pre,i re,son;nc
had established, that Covenant broSea by one party NAV
6y any other party be righUuy declared no longer OBJ
iga'oy upon ITSELF and practically annucd as to it.
self, ny the prty making this doclaraon-If this was not
so in the case OF States who oresee the
wo States agree 10 exchange different portions of their
erlofies: may one OF them retain that which it has
agreed TO give, and ghuuy demand of the other the de-
livery wlatwa The equiv aen Commercial
are given by one as the consideration of like
to be received by itself is bound give and not en-
10 aft fhesa
things but yet such the vabe conseouences o
me proposition, that broken Covenant is still obligatory
upon the faith oil the party by whom not been vio
lated II VIII not do TO say, that party injured by
oeaeh oil Covenant, may rightiuly enforce perform
ance from the other. This is only where the nno
csn' party Is deslrou to continue the obligations Of tho
Covenant bot does not apply where he is content 10 fake
me oher remedy OF declaring the broken Covenant no
longer obligatory upon him. Either mode of redress NAV
I've r'ghyuy resored 10 by the injured party and his no.
hey or discretion must decide which he will atopt: hui
he cannot 'ighwliy take both. If this was not So The
question oil mere right would necessarily be converted
INTO one oil brute orce, and right and power would be-
come the same
The conclusion hom these premises it, that when ,
covenant entered into between State and co States
violated by any OF the parties 10 that Covenant anv
State may Of right declare the Covenant broken and SO
no longer obligatory upon Itself In this view of the sub.
lec IL Is oil M moment, whether the government of the
United States be considered party to the Covenant
not. Because, if the government il party then The
principle applies in terms; and il not paty but only the
agent OF the parties who approve aud sanction its acts the
ACT oil violating The Constitution becomes by adoption the
''' approve ana sanction III, and
so the same consequence follows, in either case This
right OF State, 10 decsre Covenant broken by some
oil The other parties longer obligatory upon itself when
one oil the o. ccS OF tho broken Covenant is "to form
nore perfect Union the right OF neither
less.
He who denies this right, must contend that maiori
~ OF the States containing majority the Peope NAV
break this Constitution their will and thai the MINOR
~ OF The States aud People, is bound in good fh and
9rght, still to observe it on their part For If an nm
constitutional law be passed. the Sedon la for ex
ample, II can never be repealed without the concurrence
oil both Houses oil Congress- that is to saw without the
concurrence Of majority OF the States in the Senate and
oil majority OF the People in the House of Representa-
tives Nay, this Is not all; for amendment of the Con-
suiuon can be made to redress the grievance however
great that may bc for, if only of these States refuse
to raiy the amendment the other seventeen not consi-
tung three-fourths Of all the States, cannot make the
amendment, valid There remains them no relief for an
oppressed minority, however great that may be- however
cruel ana unrgheous, and wanon may be the oppression
but to appeal 10 tho God Of battles and assert their e
IN
And was for this that forcfahcrs forrh and bled,
Was II Tor this that The wscst and the best were conyen-
ed 10 frame and adopt Constitution fed with checks
aud limitations Of power in every line? Who ever want.
ed any guarantee OF the right Of Revolution. That exists
always IL is inherent in and unbelievable by man Com
pact neither gives nor can take ii Free govern
hen IS but device TO prevent the necessity of recur.
ring TO tl- natural right The Constitution Of the Uni
ted STATES in separating the sovereignty from the govern.
meDt, making government rest upon Covenant between
me sovereign States themselves, TO which Covenant tho
government created by IL is party but mere agent Of
the parties and in thus constituting each party the Juo
OF The observance OF this Covenant, with the right of de-
clarng 1t no longer obligatory upon itself when broken
directly OF indirectly by any other party, proud mo-
nu'neDi Of human wisdom Robit Of these qualities and