Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-04-02

must be recommended; aud In return we are told, that
they have formed a Constitution in which il was impracti.
cable to secure all the rights OF independent sovereignty
to all the States, and that in all their deliberations they
have intended TO consolidate our Union. How then can
gentlemen pretend 10 argue that we are not 40 one nation"
the federal head e'
Before leaving the Constitution | will show ,b,, the
Constitution itself implicitly declares its own sovet eighty.
Tho only definite idea which we have OF sovereignty. is
supremacy, or unconuollled power wherever it operates.
LIE article 9th OF the Constitution declares, "lhis Constuu-
ton and the laws OF the United States which shall be made
In pursuance thereof; and all treaties made or which shall
DE made under the authority OF the Uuuad States, shall be
the supreme fdD Of the land; aud the judges in every
btate shall be bound thereby, any thing In the Consutu-
ton or laws OF the State to the contrary otwitlstanJing -
Here we perceive the constitutional laws OF Congress are
TO be absolutely supernatural they are TO controul
the constitution and the laws Of a State when in conflict
with Them; and, indeed, possess an uncontrolled suprema-
cy within their limits. Here it is that the General Go.
vernment exercises absolute political powers, and ac-
knowiedged supremacy over the State constitutions and
laws opposed to them. These supreme laws, every per-
sou to whom they are directed, is bound TO obseryc.-And
what Is the inierence' That, in that political community
which can pass these supreme laws through their re.
representatives. in Congress, must reside sovereignty!
Win you have the sovereignty Of the United States test
ed by another part Ut the Constitution {! l say then that
the sovereignty is recognised in that clause which au,ho.
rises tlree-ioorths of the States to amend the Constitution
In any manner which they may think polite, except in
two cascs-No State shall be deprived OF its equal suffrage
tn. Senate-nor shall any capiaiion tax be laid, except in
proportion TO the census. Three-iourths of the States can
so alter the Constitution by amendments as TO deprive the
states oil their separate Constitutions aud Governments
they are unrestricted and unlimited in their powers. ex-
ccPtin Tue TWO cases menhoned-they can alter any State
Constitution without the consent OF such State-they can
prescribe to the citizens OF amy State a rule of conduct i'm
opposition TO that ordered by their State. Tell me what
attribute OF sovereignty this body does not possess, so
unlimited are its powers, that il can pass no unconstitu.
tonal amendments except in two cases. do Won call This
league or alliance between independent sovereigns,
where the power - given to a specified number to strike
out OF existence the remainder. 1t can consolidate the
Union, obliterate the State Governments, change their
laws or Constitutions, or procure any other change-save
oh'y .ai'ng mem according to the census aud allowing
the States equal suffrage in the Senate.
viii you test its sovereignty by reference TO national law ?
fa'tel(g) says, that"the power which presctibes W THAT each
Is TO perform in civil society to attain the end of lis in.
stitution." Is sovereign. The United States here, by their
representatives III Congress, prescribe a rule o. action to
tho citizens OF each State, within the constitutional limits:
aud, therefore, sovereignty resides with that power to the
extent pointed out in the coaslitution-with The EXPRESS
declaration, too, that their constitutional laws are the SUI.
preme laws OF the land, and possessing the right to ex-
tend these powers even 10 a %despOism. Is it not strange
that a sovereign State should have granted 10 any political
community (s IL has done TO three lourths of the States)
the right TO destroy its sovereignty, at the will and plea
sure OF that political community?
The people did not adopt this constitution under a mis-.
conception OF the powers granted, but il was clearly un-
dersiood at the time OF its ratification, that the Union was
not a mere league, alliance, treaty, or confederacy(h)-
but a federal republic; as a mixture of the national and
federal form, in the structure of which each State surren-
dered a measure OF its sovereignty, which was compe-
tent to enforce its own laws against a State power III. }
A the time OF its adoption both its friends and enemies knew
that il surrendered a portion of state sovereignty. and re-.
eeived il as such. But their views were very different.
Its enemies, headed by p. Henry, in this state, looked
upon II as forming a complete Constitution Of the States(i)
S "''u' SHuiiAihS d. mOHdTCny-dnu as Ill
vesling the States entirely Of their sovereignty. But its
friends took the proper view, and insisted that it formed
"one nation" Tor definite purposes, specified in the Con-
stitution, and the States retaining all the "~residuary sove-
reignty" not surrendered in the Constitution. (k)
In the federalst, we are told in answer to its enemies,
that an entire consolidation of the States into one com.
plste national sovereignty, would imply an entire subordi
nation Of the parts; and whatever powers might remain in
them, would be altogether dependent on the sovereign
will. But as the plan of the Convention aims only at a
partial union or consolidation, the State governments
would clearly retain all the rights of soyereIgntv which
they before had. and which had moi hv that -, koan -
eiusively delegated to the United States "a And through
the whole series OF those essays, the authors speak OF the
"residuary sovereignty of the States iu~violably preserv-
cd in every respect, except so far as the enumerated
grants of the Constitution have Invested the States. mn
In those same able expositions OF the Constitution, we
arc tola mat there IS nothing absurd or impracicable in the
idea Of a league or alliance between Independent, nations.
Tor certain DEFINED purposes precisely stated in a treaty;
regulating all the details OF time, place, circumstance
and quantity; leaving nothing to future discretion; and de-
pending for its execution upon the good faith OF the par
ties. Compacts OF this kind exist among all civilized ma.
tons. subject to the usual vicissitudes OF peace and war
oil Observance and non-observance, as the interests and
passions OF the contracting powers dictate. If te mar
ocular states III This country are disposed to stand in a ST.
milar relation TO each other, aud 10 drop the project of a
general government, the scheme would indeed be perni-
cious and entail upon us all the misc!iiefs of the old con-
federation. by abandoning all views towards a coniede-
rate government, this would bring us to a simple alliance
offensive and deien+ive; and would place us i'm a situation
To- alternate friends ana enemies Of each other, as our
mutual jealousies and i~ivalstips, nourisl,ed by foreign in.
tngue' should prescribe 10 us. To such n union as this no
prudent man would trust his happiness; nor was ii intended
TO create such a one. M
L will say in the language OF c. c. Pincknsy, in the de-
bate IN his State Convention: "The separate indepen-
dehce and individual sovereignty OF the several States
were never thought Of by the band of enlightened pa-
trio's who framed tue declaration; the several States are
not even mentioned by name in any part of il, az if il was
intended TO impress the maxim in America, that our free.
dom ana independence arose from our Union, and that
without II, we could neither be free nor independent. Ipt
us, then, consider all attempts to weaken the Union bv
maintaining that each State is separate and indiviIuauy
independently, as a species of political heresy which can
never oeneht u.s. but may bring on us The most serious
distrcsscs.",
There may be one further extract permitted from Mr.
Madison's speech in the Virginia Convention; ..In some
respects, says he, SIT Is a government OF a federal nature.
In others, II is OF a consolidated nature. Even if we at
tend 20 The manner in which the Constitution is investiga-
ted, ratified and made the act of the people OF Americs
can say, that This government is not completely consolid,-
tod; MOI Is II entirely federal. The members TO te mn.
ttoildt House OF Representatives arc TO be chosen bv me
people at large, lis proportion TO the numbers in the re.
PpcclVe districts. When we come to the Senate. is
members are elected by the States, in their equal and
political capacity. But had the government been n
plctely consolidated, the Senate could have been chosen
by the people in their iudiy idual capacity, i'm the sam.
manner as tic other house. Thus il is OF a cOD,DIicnfsd
nature, and in this complication, [ trust, will be found to
exclude the evils OF absolute consolidation, as well asoTa
mere coniedcracy. IL Virginia were separated from alf
the States, her power would extend TO all cases I'm ito
manner were all the powers vested IN the General Go.
vernmeni, II would be a consolidated government"
The term " sovereignty is indivisiblc,' has led many
INTO The most absurd notions: and founding their arguments
upon this, they have drawn false conclusions. Iresdilv adj.
hht 'hh' tnere cannot be two sovereign powers OH the same
sutyect-but there may be a sovereign power TO marage
Ioreigh relations and a different sovereign power over DO
mestic concerns. This supreme power resides essential.
ly with the people as the fountain Of pover,ment, Bni
with what people! Before the adoption of the ucv Ron.
sisuu0n II resided with the people of each State. sep,rs,c