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

IWche w ptoNr ", however l05ur0, WOuiu De laf
more plausible than that which goes to show
that we are one people to the extent Of the dele
gated powers. This reservation ito the PEOPLE, "
might, in the hands Of subtle and trained loci-
clans be peg to hang . doubt upon; and had
the expression ito the people, been connected,
as fortunately it is not, with the delegated in
stead OF the rsserved powers, we should not have
heard OF this IN the present discussion.
have now established, hope, beyond the
power OF controversy, every allegation contained
IN the first resolution. That the Constitution is
compact formed BY the people of the several
States as distinct political communities, subsist-
ing and binding between the States in the same
character; which brings me 10 the consideration
oil the consequences which may be fairly deduced
In reference to The character Of our political sys-
TEN, from these established facts.
The first, and most important, is. that they
conclusvely establish that ours is a federal sys-
tem-a system Of States, arranged in federal
Union, and each retaining its distinct existence
and sovereignty. Ours has every attribute which
belongs to n federative system. IL is founded
on compact-it is formed by sovereign commu-
nitics:-and is binding between them in the so
vereign capacity. ! might appeal, in con6rma-
ton OF this assertion, to all elementary writers
on the subject of Government; bu: will content
myself with citing one only urlamaqu quoted
with appreciation by LIdgc Tucker, in his Com
meutary on Blackstone, himself high authority
says: (Here Mr. c. read from fuckers Black.
stone as follows:)
Extracts from Biackstone's Commentaries.
political bodies, whether great or small, il
they are constituted by people formerly indie
pendent, and under no civil subsection, or BY
those who justly calm iRdependency from any
civil power they were formerly subject to- have
The civil supremacy in themselves, and are in
state Of equal right and liberty with respect tc
all other States, whether great or small. No re-
gard is to be had in this matter to names
whether the body polite be called kingdom,
an empire, principality, dukedom, a coun-
try, republic, or free town. II IL can exercise
justly all the essential paris Of civil power with
in itself. independently Of any other person or
body polite, and no other hath any right to re-
sciEd or annul its acts, il has the civil suprema-
cy, how small soever its territory may be, or
the number Of its people, and has all the rights
Of an independent State.
"This independently Of States, and their be-
ing distinct political bodies from each Other is
not obstructed by any alliance or confederacies
whatsoever, about exercising jointly any parts
OF the supreme powers, such as those OF peace
and war, in league offensive and defensive
Two States, not withstanding such treaties, are
separate bodies and independent
'"These are, then, only deemed politically uni
ted when some one person, or council, is con-
siituted with right TO exercise some essential
cising them separately. IL any person or coup-
Gil is empowered 10 exercise all these essential
powers for both, they are then one State: such
is the state OF England and Scotland, since the
act Of union made at the beginning OF the e:yh.
teenth century, whereby the two Kingdoms were
incorporated into one, all parts Of the supreme
power Of both Kingdoms being thenceforward
united, and vested in the three estates Of the
realm Of Great Britain by which entire coali-
I fton ,uhh both hosr
laws and usages in many respects, they are as
effectually united and incorporated as the several
petty Kingdoms which composed the heptarchy,
were before that period.
"But when only portion Of the supreme civ
! IL power is vested in ore person or council fol-
both, such as that Of peace and war, OF of deci-
ding controversies between different States OF
their subjects, whilst each within itself exercises
other parts OF the supreme power, independently
Of all others; in this case they are called sys
tens Of STATES which Darlamaqui defines e
he an asseuibiage Of perfect governments, strict
| ~ united by some common bond, that they
seem TO make but single body with respect &c
those affairs which interest them in common
though each preserves its Sovereignty, full ant
entire independently of all others. And in thi,
case, he adds, the confederate States engage e
each other only TO exercise with common con
sent, certain parts of the sovereignty, especially
that which relates to their mutual defence a
5ainst foreign enemies. But each Of the con
federates,retains an entire liberty Of exercising
as il think. proper those parts Of the sovereign
IT, which are not mentioned in the treaty o
Union, as parts that ought to be exercised il
common. And Of this nature is the American
Confejeracy, in which each State has Resigned
the exercise OF certain parts Of the supreme civ
( ii power which they possessed before Except IL
common with the other States included in tn
confederacy) Teserving TO themselves all thei
former powers which are not delegated 4
the United States by the common bond Of u
Mon.
IA visible distinction. and not less importan
than obvious, occurs 10 our observation in com
pairing these different kinds of union. TIL,
kingdoms Of England and Scotland are unitet
into one kingdom and the two contractin,
States, BY such an incorporate union, are, in th,
opinion OF Judge Blackstone, totally annihilateC
without any power Of revival; and third arise
from their conjunction, in which all the rights o
sovereignty, and particularly that Of legislation
are vested. From whence he expresses a doub
whether any infringements Of the Fundamental
and essential conditions of the Union, would o
itself dissolve the union Of those kingdoms
though he readily admits, that in the case Of E;
federate alliance such an infringement would
certainly rescind the compact between the con
| Tolerate States. In the United States Of Anne
RIGA, on the contrary, each State retains its owl
antecedent form of Government; its own laws
subject TO the alteration and control OF its owl
Legislature only its own executive officers ant
council Of State; its own courts Of judicature
its own judges, its own magistrates, civil off
GERS and officers Of the militia and, in short
its own civil State, or body polite in every res
pect whatsoever And by the express declara
ton Of the 18th article Of the amendments q
the Constitution, the powers not delegated TO IN,
! UHaed States by the Constitution, nor prohibi
ted by il 10 the States are reserved TO the States
respectively or to the People. In Great Brit
ain a new eirH State is created by the annihi
laiisn Of two antecedeDt civil States; in III,
American State, general ftderol council anc
administration is provided for the joint exercise
Of such Of their several powers, as can be NOR
conveniently exercised in that mode than AM
other; leaving their cirH Stdte unaltered ; ant
all other powers which the States antecedentll
possessed, to be exercised by them respectively
as II no union or connection were established be
tween them.