Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-03-02
Virginia Legislature.
Federal RELATIONS-(Coniinue

Committee ofthe hoIe the state Of the Relations
bettoeer the United States and South Carolina, on
Saturday, the 9Th Janudry-[Coutinued]
The sovereign power of State had right inter
terc in forming altering the constitution OF another
State Virginia ard Mary land, for instance distinct
political communities a.d whilst each might modify its
own constitution, neither could interfere with the cOns
tuition OF the other; could all the States unite in
modifying the Constitution of each. The social com
pact must precede the constitutional compact This was
necessary TO give unity TO the people aud create the
right TO exert their will by majority. Before the pco
pie OF all the States collectively and at large, could form
Constitution for the whole, they must previously have
existed distinct political bodies but political
body, bound together by general compact, whereby tie
supreme power was concentrated IN majority. lie pre-
sumed il would not be cOnended that the people OF the
States at the adoption OF the Constitution, thus
solldated community by a social compact; and
without such pre.eXSng compact, the continent
voice OF majority, collected through the machinery of
the States, could not rghtiuly have originated esta
blished single government Tor all,
The only argument he said, which could I've opposed to
these illustrations OF the purely cerdve character o. the
Constitutions was, that derived from tie words in the pre-
ambc OF that instrument; 90 e the people of the United
States Sc do ordain aud establish, sc. II perfect
~ fair this phrase meaning the people OF
the several States acting in their respective sovereign
pacitcs The language more implied n collective
ton than il dill several action 1t was equally suscepu
BILE in itself of either Interpretation, aud standing alone
pTovei nothing. Its meaning controlled and settled
by the history OF the Constitution The people OF the
United States in did ordain and establish the
Constitution; but they existed in distinct commun
ties and not in one general community, il must have
been intended that they acted in the former charac
ter, and not in the latter 1t unnecessary and ncon
venien in preamble short and general as this TO de-
scribe infinitely the parties 10 the instrument, the mode
in which it formed, when both OF these crcumstan-
satisfactorily explained by historical facts
without apprehension OF its being misconceived and it
probably for the reasons, that the preamble of
the Articles Of Confederation made read, Where
the Delegates of the United States OF America, Sc
The Delegates OF each State agreed the Articles of
Confederation, precisely the principle that the
people of each State ratified the CONSTITUTIONS yet it
would not be denied that the respective delegations, in
acceding TO the Confederation, acled severay, States
and not collectively.
Having arriv ed the conclusion that the Federal Con-
sttuuOn formed by the States parties, in their
sovereign capacity Mr. b. said he would proceed
examine how far the sovereignty OF each State al
fected by the adoption Of that instrument State
nation ordinarily considered sovereign when
free and independent Of all other nations The States
this Union had associated themselves by common bond
TO constitute, in reference other nations but
single nation, and had vested in the General Government
such attributes were necessary for establishing and
maintaining the customary relations with foreign powers
To the other nations OF the EARTH presented an und
viled 'front.' They could view only sovereign
people, aud were 10 farther concerned i'll internal
relations than to know TO which department is entrus
ed the power OF making war; peace and treaties But
the parties TO this contederdcy consolidated,
and the character and rights OF the States in relation
each other, and not in relation foreign powers consi
ued the important subject OF present inquiry AMI here
II was necessary TO distinguish clearly between sovereign
y and the government agents, who at the will and
pleasure OF that sovereignty exercise for the time being
attributes Sovereignty, he said, was that power i'm
every independent State which governs in the last resort
and has an acknowledged right to change without vo-
cnce, the fundamental laws OF the community. La Eng.
land, that power resided In the Parliament; for, although
III heory' mere were constitutional checks, yeIt PdrliA-
ment should alter abroae the would be con- dcr.
ed as revolution i'll the people TO resist IT, In other gov
einmcnts this supreme power lodged i'm privileged
ders, more or less numerous-sometlmes in the
aud just in proportion TO the distance il Withdrawn
om the people, and 10 the difficulty of their
In favored country, ii acknOw lodged the
language Of our Bill Of Rights that government is or
ptIVf he ta1
and security OF the people, land that majority of the
community hath udubtdble uualienae, and indie rd-
sibe right TO reform, alter abolish it, Sovereignty
then resided III majority OF the people, not in the gov
eminent, which its agent and depo-itary the
time being. All the attributes OF sovereignty, necessary
Tor the purposes OF independent governments entrUst
ed 10 the public umcuonaes and exercised by them; but
they could at any moment be resumed either wholly or
partially, by the supreme power majority the peo-
pie in whom they must consequently BE- considered in
herent and unaheuable
Some of the attributes of sovereignty visible in
the State Government, and in the Federal Govern
men but the supreme power, according To the priuci
pies he had laid down, did not reside in either where he
would ask, did it resic Mo- majority of the peoyle
all the States collectively, tor there was no mode prc.
scrbed, by which they could act majority, ia altering
aboGshng the government On the contrary the pow
OF altering the General Government lodged by the
Constitution, in hree ourhs oil the States; and yet, al
though that power was the chief characteristic OF sove
reignty il could be inautauCd that the sovereignty
Of the whole Union, resided in the three lourll the
States II happened, at presents that one-iourth OF the
States, contained greater population than the remaining
three. foufths; contend lha the sovereign power Of
tie nation in the latter, would he to hat it
ia a minority of the people. Now it certainly
true, that three iourths OF the States comprising minor.
y OF the population of ALL might change the Federal Com
stuon bot this, far from showing that the inherent
right Of a majority violated in political system
furnished conclusive evidence Of the acy OF that thco-
~, which represents the States, IN their internal Ted.
tiOHS, nation having but sovereign pow er in
stead Of twenty four sovereign powers II the States re-.
speclyely not crcgn, 10 each other, but
integral parts of nation, having common government
the sovereign pow OF at nation, according the
tudonal compact resided in minority, il resided
where But it, on the other hand, II admitted tha
the Federal Constitution compact between sovereign
States, the difficulty would, once, be solved and the
authority vested in this arbitrary number of the States
would be TO he merely conventional arrange.
Tor altering the terms of league and not Of
social compact Whilst he con,endcd he said, that each
State, by which he meant majority OF the people e the
State, had retained its sovereignty entire. and that
rcgnty IN its inGivisibe he would freely adj
nit that each State, by virtue Of voluntary engagements
had imposed certain restraints the exercise OF its
vereigny The sovereign power Of Virginia, Tor iu.
stance had created State Government, and vested iu the
Legislative Executive and Judicial agents administering
IT, Just many powers were necessary, Tor controlling
the local and Internal affairs Of the Commonwealth. That
sovereign power had sgecd by compact with The re-
specve sovereign powers OF tc other States vest pO-
ton Of its attributes, provided every other State would
vest an equal portion in General Governments which
should exert tie authority conldcd 90 30, thc
agent Of all in experimenting the external AID TO-.
reign relations Of the States. These 'wo govern.
ments, between which distributed the necessary
powers appeftainine 10 Independence constituted 10.
getlicr, whole government for the State of Virginia.
aud order point out the restraints her sovereign
ty, necessary examine how Ear the majority oi tie