Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-05-21

these subjects. In this character, they constitute a body
called sucb) are corporate rights; and therefore, are nothing
else than corporate powers, which, when apper,aining to
any body, tbstis not only a body corporate but a body po-
lite, too, at once become political powers.
The people as individuals, have no political power, al.
though they have many sacred natural aud civil rights.
The people as a body polite or commonwealth, have no
natural rights, although they have vast political power,
which they acquire either by their own force or by their
own consent. Right is eternal; tits an emana,ion Of Him
whose Willis Right. Political power is OF human crea-
ton; it may be right or not, according to the source from
and The means by which it is acquired. II such power
is seized by the strong hand of brute force, tits confessed.
~, power merely. Ii it is acquired by consent, although
II Is acquired oil right, it is not right itself: because, the
withdrawal oil that consent, would make even such power
cease to be right; and right being eternal, can no more
cease to be, than He whose will it is. l speak not now of
faith and truth, or Of the obligations which they impose. |
will refer to these hereafter. My present purpose is,
merely, 10 shew the distinction between Rights and politi-
cal powers, which, although like sovereignty and govern.
ments, sometimes co-exis,ing and frequently COMPOUNDED,
arc nevertheless eparable and dis,inct; and in these very
amendments are plainly set in contra distinction of each
other.
Applying these several remarks TO these amendments,
any che may see al once, the object aud supposed necessi.
~ oil The hrst. The people OF the several States, as mere
Individuals, enjoyed many rights, none of which had the
oua,es VINO adopted ms constitution any thoughts of sub
Jcchng to the control OF the political powers granted to
the government they had thereby created. But as some of
hese rights had been specially enumerated in various parts
oil Tins Instrument, and then saved expressly from the action
OF the powers thereby granted; and as the expression of
one thing is often regarded as the exclusion of all others
not expressed, therefore to guard against such effects to the
People, in this case, the ninth amendment provides. that
"the enumeration in the Constitution, of certain rights.
shall not be construed TO deny or ~disparage others retained
blythe People" Among these rights retained by the PEG.
pie, are the right 10 bear arms; the right peaceably TO as.
semble and consult together; the right TO petition for a re-
dress OF their grievances, whether real or imaginary only
and, though last not least, the right TO insh uct heir otcn
Representatives, whose duty il is to observe such instruc.
lions, notwithstanding the author Of this Proclamation says,
that they are not accountable to their particular cons,iiu.
ents, for any act done by them, although done i'm their
mere Rep escntdtipe character.
Nor is the object and supposed necessity of the second
| aInpnumput lasS annaront fI,p Of tlo e., Dit
rights which the People enjoyed rs individuals, the same
people associated and bound together as members of diff.
'erent great bodies corporate and polite, enjoyed, i'm that
character, many poliicaIpowcrs oil which.they had as liz.
tie thought OF depriving themselves respectively by their
several notifications of this Constitution, in this their COR
porate character, as they had of surrcndering all their pn-
waite rights, TO the unbridlcd action of the other political
powers thereby created and assigned TO the new govern
pent. But as the enumeration of some private rip hts
might possibly be considered as disparaging others not
enumerated, so the enumeration of some political powers.
might possibly be considered as disparaging others no, emu.
merated, especially as some of the enumerated political
powers were OF vast extent. such as the power ofJeclaring
war, oil making treaties, ana over all, the necessary and
proper means for carrying into execution these granted
powers. Hence the tenthiamendment provides, tina; she
powers not delegated TO the United States by the Constitu.
ton, nor prohibited by il 10 the States, are reserved to the
States respectively, or to the People"
Here let me remark, that. the idea of this amendment is
OBVIOUSLY borrowed from the second of the Ole articles of
confederation, 60 which | have formerly referred) the
form OF the expression being somewhat varied, in order to
make 1t more appropriate TO the new government of the
United States. The articles of confederation, were adopt-
eu ny me different Legislatures OF the several States. who
ny ,his league parted with none of the political powers
which they had previously possessed; therefore, their re.
servation was made TO ensure to their authors only, the
states. The new Constitution, however, was ratified by
the people themselves, acting by theirdele gates assembled
IN Conventions called for that special purpose; and bv is
provisions, it transferred many of the mowers that the
state governments had formerly enjoyed eXclusiyeIy-
Hence, a different form of expression was necessary. and
In that which | have quoted, words of such broad signif-
cation are employed. as are sufficient to cover all political
p1"er men existing ungranted TO the United States,
whether abiding with the State Governments. or with the
people oil the several States in their high corporate char
There existed strong necessity, too, for the employment,
OF the very words used in this reservation, supposng its
OBJECT to nave been like that OF the second article OF the
old Confederation, to except out OF the grant all mowers
not conveyed by il, and this in favor Of the respective nos.
SCISSORS OF such powers. Whoever will take the trouble
TO read the Constitution OF the United States with atten.
ton, will find that it uses the term State in many different
senses. Sometimes ii is used to signify the territory, as
when the Constitution says, "the Citizens of each State.
shail be entitled to all privileges and immuniies OF citizens
in the several Sates.' Sometimes il is used TO denote
the governments existing in such territory, as when it
says, "No State shall pass any bill Of attainder, ex post
tacto law, or law impdiring the obligation OF contracts."-
Sometimes il means the people OF the territory assembled
by their representatives, not for the general purposes of 90.
sernment, but for some different aud special purpose onlv.
as when ii il declares, that "tlie ratification OF the Conven.
ton OF nine States shall be sufficient for the establishment of
this Constitution between the States so raifying the same"
And lastly, it is used TO denote the unassembled people of
any territory called a State, in their high corporate sove.
reign character, which they choose 10 assume when thew
agree 10 form Conventions, to make or TO alter govern.
ment, or 10 do any other act surprising the Legitimate pow.
ersoi ordinary human institutions. In this last sense il ia
usedi IN the CONSTITUTIONS, whenever that instrument speaks
oil "he United Stalcs," meaning thereby the confe-
Iteration oil these distinct masses, who have mutually
pledged their faith TO each other, that thes will severally
uphold and support this Constitution, by all their means,
moral and physical.
The term States being used in the Constitution itself in
these various senses, it was not only proper, but necessa.
ry also, that the reservation should be co-e Extensive with
the grant, and should employ its own words. But lest
some douDts might arise as TO the precise meaning of
these, the amendment adds others still more comprehen.
slve In slgnlhcaton, and OF more general use. 10 this re-
sPect at least, the amendments differ from the Proclama.
llon. Ihey deal IN no antiquities or double enfendres
lhey exhaust enumeration, and when they have done so.
they comprehend any and every possible residuum by ge.
neral words. .HH the powers not delegated 10 the United
states by the Constitution, or prohibited by it TO the
States, are reserved to the States respectively, or TO the
People. They could not define Sovereignty, for none can
do so. 1t comprehends not only all political power that
ever has been granted, but all that ever can be granted
l certainly mean no irreyerencc, when speaking of human
sovereignty l say, ii is the one al am" viii ch in this
sublime annuDciaion Of its own existence, assumes to il.
sell every possible political power, and every possible DO.
htcal attribute, which belongs TO human omnipotence.
whether the same has ever been called into action or not
Vain would be all reservations, if the grant convened
any power like this, since il would authorize the guarantee
10 annuI the reservation, the moment ii was adopted. No
man, 1t is believed, can suppose, that the Constitution
ever designed to transfer any such authority as this, TO the
government il creates, which, therefore, cannot be A So.
vereign. Nor can the IN atiOn,' whose existence is ina.
glned IN the Proclamation, claim any thing under tbi,
grant: Tor II is neither made 10 or by this N alton and if il
had been, provided the name Of this n alton is "lhe United
states, 1t IS from their grasp, the last amendment o express.
~ declares the ungranted powers to be reserved.
Then tell me ye casuists OF any School, if YOU can,