Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-01-19

emanated from Washington that the act of the peo
PIE he Constitution Itself carries violence pon
It's face, OF the absudity OF this notion The eight article
OF that instrument required that the States should rav
the same, through their Conventions and The history ~
The transaction most conclusivey proves that was so
done Had IL been OF the people as contended for
by the new lights of the srahedria1o hare ,,ii.,, -
votes Of the people of the United States would have been
sufficient 10 have rendered ii obligatory upon al-1hc
people OF New York, Massachusetts, or Connecticut
unier this popular mode Of adoption would have herI
enabled to have bound by their vote the citizens of yr
gina, those of any other State But so far from tlis
oehg ne case, the article in the constitution, TO which
nave udeu rendered II necessary for nine States RAJ
NY IT. through their conventions before il could be made
obligatory even between the States raf, ing the same
rom TINS last EXPRESSION il is evident that cons-
dered as being perfectly oponary with te States whe
they ratified or noand the history Of that period shews
that several of the States refused TO ray attbe ~
adoption and did not 10 do until considerable
length OF time thereafter Upon the ratification If uu,
sNtes onSress scmbled under the powers conferred on
1t by this instrument; but ii never once hnt ever,
by the mot strenuous AL, COATES OF this system that
congress had the power TO force the remaining States in
to the conedency. They resting upon their soye-
egny, as independent States, and could have formed
separate alliance, either between themselves or with any
oegn power with which they might have been dispo.o
10 unite thelr late From this view Of the question: indie
pendent oil the provision Of the constitution and indepen-
dent OF the historical Gct connected with the mode of its
rauhcauon is evident, that each State ratified the const
tuition separate aud distinct political community
binding thereby her citizens, and not h,se of anv
other State II this had not been the fact ,vLt 81
would have been the condition of the little State or Ne,v
Jersey that did not ratify ghteen months or two
years alter the Government had gone into operation Her
visions and subject 10 its control But far from this We
find this lille state pursuing the even tenor of its wav
Tor The period mentioned, without any dependence upon
or connection with the Federal Government whatso-
ever From facts conclusive as these is imuosibls
Tor any mind however devoted 10 the forms OF power 10
resist nc conclusion that the General Government is
Federal Compact formed by the States in their separate
and independent political character. Then, Mr. Chair
man, becomes necessary inquire what extent Ibis
compact has impaired the original eregny of the States
l. Sir shall contend that their sovereignty is not impaired
by any grant of power that has been made 10 the snors
(DHpr
possess with solitary exception pure feature Of soye
regnty ia its character. What, Sir, are the requisites ne
cessary in order constitute an INDEPENDENT soveret,
State, according TO eminent upon the subject oi
national law?-( YaueD Every nation that governs its own
laws, without dependence foreign power is sove-
reign state Apply Tins principle, Sir TO Virginia. and
let us examine, whether according 70 this rae She can
be considered as having the right to her claim
TO sovereignty 1t VIII be admitted by all iat tho
night upon the part OF community TO make consti-
tu'ion when exercised IS soyeregH. This Virginia as
sHmcd, as FAR back June, I776, by the formation of
constitution for her government The different de-
parments OF this yermen thus established have con-
nued ia the discharge of the respective dfs ta, gc
assigned them, without having their authority called il,
question: either at home abroad. NofpoW or las ever
niGPosed lis arm TO arrest Il cir proceeIings-The Le-
glslature so early the period of October 1916 exer-
ciSed the highest prerOgatvc incident sovereignty il,
The passage OF am act declaring and punslng treason
This has been revised and amended at different inter
val" oil ue ana now appears on the statute book baV
ing been acted upon again in the year I9l9-A nd surely
SIR 1t cannot he supposed for moment that law so
Important III ITS character, involving asst does all The high
features OF Sovereignty would have remained uron our
statutes unmpugned from I116 up to the present pc rod
had II not cmasaed from legitimate source of povcr
The night to punish treason, Sir alone reside i'm sove-
regny, because its essence consists in attempt TO sub
the established order of The Government II NJ 80,
not sufficient Mr. Chairman, establish her claim look &c,
the decisions that have emahated from the Judiciary De-
partmen OF This governments decisions that have opc
rating upon the property, the liberty and lives not ory o,
the people OF this Commonwealth but upon the subjects
OF every cline and kingdom with whom we have had in
tercourse nation; and they doubted Sir IN
on the ground that they were not authorised hy cons
ional power? And not reasonable then Sir
TO suppose that If there did exist flaw in its right To
WELD so omnipotent pHyiege-that if there was tho
smallest defect IN the power that called into existence
that some profound uFs able expounder of consti-
uiional law, would not have spicd the defect and once
discovered, would not eXaspeTated abused people
have rent the veil under which such unSarraned us-
pations had been prsctised Yes sir il ,yorI Ioy -
told in Gath Il would have been Published in fine reets
OF Askeon, and the world would have laughed 10 scoru
your impotcn attempt TO WELD The attributes Of sovereign
y Sir, not all the municipal regulations Of this Com
monweal directed by laws that have emanated from this
government! DO the people OF this Commonwealth ex-
ercse right abour under disability that has not
been granted or imposed by The laws OF this Legislature;
there any interest high that be reached by It's
dominion or controlled at its wi Look Sir to the cele-
bracd statute OF descens that has done in its opera-
ton to pull down the pillars Of power and level the dis
functions OF rank than your Bill Of Rights, Your form Of
governments or any one cause that ss ever Leen brot
10 bear upon the sordd avaice of the human heart Sir
might continue TO adduce examples equally conclusive
both as TO her right and the fact Of her self government
but tOsc 10 which have alluded so strong as 10 force
assent even from sccplicism itself But should there be
any here deeply nbued with tic spirit that seeks her
IullSo uIhliulul OF me glory bla beamcd
the path Of her advancing destiny TO withhold this hum
bic boon, then indeed may the friends OF her liberty
breathe the complaint OF an inspired genius, whilst brood
ing over the fallen freedom OF another land
True, tho gcat, OF brisht and bicfor are gone.
Tho rainbow lilo epoch when freedom could pauso;
For the few little tears, of centuries won,
That betrayed not, ADD crushed not, her cause
", on the other hand, Mr. Chairman, have succeed
ed in est1bhing this FIRST prstonson sovereignty on
the part Of Virginia, and The other States OF this conede~
Tcy- let us examine the second proposition, to w In
what degree their rca ION the General Government
bee regarded as foreign, DEPENDENT The term foreign
when considered in hc sense in which is used by wri-
tcrs national law cannot be applied thc relation that
so Cav from its being connection with an alien power il
alliance entered into 10y stipulated articles Of agree
mcn by which they hayC consented exercise conloint-
~ certain portions Of their sovereignty I'm rcla ion then
70 ncir dependence upon the General Government,
would ask gentlemen by what title ibis government as
sumes TO exercise is p0wcr} Not from any authority
lived from the pcopc-ior his have attempted 10 shcw
not the from any inherent sovereignty in
.cE but, Sir n virtue OF the several grants thdt have
been made for specific purposcs by he States. Of
which con bc exercised unless by Tie operation and
consent OF er agents said Gmc since, Sir, that
this government did not possess in nay humble opinion,
one pure feature Of sovereignty boz iis character with
SOLITARY cxccpou) and dat is the power Of which The
Piocamaon has 20 orcbly reminded us-I mean, Sir,
ie right TO punish treason. Tho very dct Sir Of this
power having been delegated boz The Constitution goes 10
hev most conclusvcy my mind tat tie trainers Of
ho Constitution entertained lhc precise idea of s charac-
ter isi have attempted 90 draw--lor IT, Sir they re-
L. Corded 10 sovereign boz is power, why did they make
Ibis which go inherent right in 40 soyetcignics dele
al. ff.. E... % a.