Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-05-17

such co-ordination can be established: for, IL any one Of
the classes, OF OF the departments OF either, should under
take TO establish a co. ordinate OF itself, the very fact OF
such a creation, would shew superiority in the one and
Isuboidina,ion in the other.
Then, il the author OF this Proclamation, wishes TO prove
,Le want OF Sovereignty in The State governments, by
shelving that they cannot exercise certain great powers of
government, he might save himself much trouble, for his
conclusion is a 'ruism. None of these governments,
arc now, or ever were Sovereign. But il is equally
a truism, or ii not, his own argument must prove it, at
least to himself, that neither is the government OF the
United States Sovereign; because that, too, wants many of
the most important powers Of governmVn mt. lii idle, how
ever, TO ask, in reference to the States themselves, ' how
can that State be sovereign and independent, whose cii-
Zens owe obedience 10 laws not made by il? Because, in
a Representative Democracy, no law ever was made by
the State itself, but by its Legislative agents and if these
agents exist in both OF its two governments, State and Fee
deral, the law male by such agents, is as much made by
itself, In the one case as in the other. In either case, a
question may arise, whether the law so made, is in pursu.
ance oil the authority given by the Sovereign People 10
their Legislative agents, 10 make laws; and if il Is once
conceded, that the act Is not in pursuance Of this authority,
then no man can doubt, that such an act, whether done
oy State or Federal Legislative agents, is an act of mere
usurpaion, and is not law, although il may profess to be
30, and wear all the forms of law.
The author OF this Proclamation, labours under another
strange ns'iuG,nauon' when he imagines, that the magis-
trates of the different States, "are sworn TO disregard their
laws, when they come in conflict with the laws passed by
another" No such oath is, and l feel very confident,
ever VIII be required OF them. 1t is true that they are
all sworn to support the Constitution of the United States,
and equally true that this Constitution declares, that the
laws made Sin pursuance thereof shall be the supreme
laws of The land, any thing in the Constitution or laws of
any State To the contrary notwithstanding. But TO make
the laws OF the United States The supreme law of the
land, they must be in pursuance Of The Constitution:
therefore, u the laws made by the Federal Legislative
agents, are not made in pursuance OF that Constitution
which the State Magistrates have swora to support, these
Magistrates not only may, but must, il they regard the OBJ
hgauons oil this oath, declare such Unauthorized acts not to
be law, and proceed TO execute all the Constitutional laws
oil the state, which may he found in conflict with such
pretended and usurPcd authority.
l acknowledge that | was startled by the boldness of
another assertion put forth in this Proclamation, and shock
ed at the moral turpitude, which il wan,only imputed TO
Inc ana lO thousands OF others. sOuna n ,ebOn xylil- JyyoI
ing upon this earth, were ever regarded, not only as wise,
hnt as being what is far better, pure of heart as morials
may DC. IL says, IN speaking of the States, that s'the al
'egiaace OF their citizens was transferred, in the first in
stance, TO the government OF the United States" am
now so old; that it would be vain for inc 10 attempt TO re.
'ohec'' now often in the course OF a long life, have been
required TO give assurance OF my fidelity 10 my native
state. But this know well, that l never gave this
pledge OF my faith reluctantly, or with any mental reser-
walton whatever. 1 always meant TO relinquish and re-
nounce, what in that oaiA said | would S'reIinquisl and
renounce, the character of subject or citizen of anv prince
" other state whatever" | always intended to allure,
what in that oath, l did "abjurc, all allegiance which
might be claimed OF me by any such prince or other
state. L always meant to be, what / then swore would
be, "iaithlul anl true 10 the Commonwealth of Virginia.
so long as / continued a citizen thereof"
hu po'sible' that in giving these repeated, pledges |
was iorsworn; aud that III calling my maker TO witness the
sincerity aud singleness of purpose of what | regarded as
a sacred promise, | was but invoking his wrath upon nv
false heart, and devoing my immortal soul TO everlasting
perdihon Has my country been so cruel and so base to
one who wished TO be duliful, as TO transfer his allegiance
TO another, and then to steal from his strong attacbment n
her' an atJufaiion OF the very allegiance which she had
transferred, and a solemn assurance of the continuation of
that hdeltiy to her, which she had already relnquished and
fenounced! Ii cannot be. The Commonwealth of Vir-
ginia could never triile thus, and so meanly and wantonly
too, with her faithful people. Ii they have been led into err
ror oy her, 1t Is because she was first deceived. Tell me,
men, any Of you, who deceived her, you who assisted in the
formation and adoption of any instrument that has trans
lerred your allegiance to another, and afterwards took this
oa'h oil abluration and hdeiity yourselves, were you fore.
sworn In doing so! | answer for you all, for those who are
dead, as well as for those who survive, that you were
not, and too you, as well as Tor myself, / throw back this
ioul charge upon us all, come IL from what uuertrr il m , ~
Let the author of this Proclamation blunder as he may In
reciung our past political history let him involve himself
In Whatever absurdities and Inconsistencies he lists. in
seeking to establish his new ,heory-ist him reason as
enormously as he pleases, as to The powers and authorities
OF MS governmental this may be pdrdoned. But when
he assails the faith Estates, and seeks TO ialsify the truth
OF their people, he touches subjects, upon which no man
living should even sPordvely descani, because they in
volve relations far above his wisdom, even if that was
much greater than il is.
The Commonwealth of Virginia has ncvertransferred the
allegiance OF her citizens, 10 the government of the United
States, either 'In the first instance or at any other fine
she claims II OF them all now, as strongly as She did
on the 29h of June l716, when she first demanded il
and at any and at every other time since nor can any
man living point TO the act or instrument by which she
has ever surrendered it. Nct one word Of any such
transfer is seen, or ought TO be expected TO appear. i'm
the Declaration of independence. Not one word of any
such transfer is found in the articles of Confederation. So
lar from 1t, that Instrument, directly r~epudiates any such
notion, in the strong and emphatic words which it EMPLOYS.
Not one word of such a transfer is to be met with in the
Constitution of the United States, which in all its provi-
sions, addresses itself 10 the people, not as the oeople oI
the United States, but as the people of the several States
the obedience of which people to the legitimate mandates
oil the government thereby created, is claimed, only be-
cause such obedience has been promised, in their behalf.
by their respective SovcreignS, the States, in their sever
al ratiiications OF that instrument. Nor have the Citizens
of any State ever taken, or been required to take, anv
oath oil allegiance TO the United States, or to their govern.
menl: for Congress could find no authority for doing 50. i'm
the Constitutions, and therefore, have never presumed IN
prescribe any such oath. Ii is true, many swear 10. sum
! port the Constitution of the United States, but there is no
more OF incompatibility between the obligations of this
oath, and those oil their oath Of allegiance TO a State, than
there is between the latter, and the obligations of the oath
administered TO any witness in a Court of Justice. The
oaths relate TO different subjects and in swearing TO sup
port the Constitution of the United States, the party taking
the oath, but re-afiTms his fidelity TO his State, which has
chosen to adopt this Constitution as its supreme law. and
so made it a part of its own code.
But Congress may punish Treason against the United
states, and The PROCLAMATION says, "Treason is an offe nee
against sovereignty, and Sovereignty must reside with
the power 10 punish it," Let Inc here remark. that the
by the States, OF the allegiance Of their citizens TO the
government OF the United States. The author knew We
ry well, that even the acknowledged subjects of aey TO.
reign power, might be punished for an act of Treason.
just as properly, as the subjects OF the SOVEREIGN Of the
country within which the Treason was committed. In
THIS respect, therefore, citizens and aliens stand upon the
same iooiing. The power 10 punish Treason, is referred
to, merely to shew that the government possessing This
power must be Sovereign, because "Treason is an offence
against Sovereignty" Now, with all due respect for the
legal learning of the author of this State paper. I will
take the liberty OF suggesting 10 him, that in this country
al least, Treason is no more an offence against Soyersien-
~, Than any other crime that may he committed within
our dominions; and certainly not more than sedition, mu
tiny, or any other OF that great class of offences, which
strike at the existence Of subordination by manifrstine a
contempt Tor the authority Of government. All crimes
/ which threaten 10 disturb the Deace and oooJ .,o - =