Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-05-24

prevents their execution, a,ter himself with the hope
that he is but moral traitor. The of the State
which violates its faith becomes the byword OF the civil
zed world The decree deie',da est Carthage, will be
uttered 10y that world; and while are but the vice
gerens OF Him who delights in Justice, this decree
he eNecut.d,not perhaps IN the first, yet ia the
cond Fuuic war; but Carlwgc must lal aud fall by hu
nau means too, for Carthage was iaithless
Win this solemn truth deeply impressed upon my heart
and with ibis awful example tul in my recollection will
proceed briefly TO enquire whether the Sovereign States
who compose this Unon have pledged their faith in
gard To 1t, by the Federal Constitution; TO whom that
pledge was given what the object aud of the
pledge; 10y whom ard how il may be violated; aud what
are The legitimate effects OF such violation. will
argue Tie first question. IL would be insult every
American TO suppose that he had doubted, could
now doubt, upon this subject. We all admit, that the
States 10y their several racaons of the Constitution of
the United States pledged their faith and severay pro.
missed that II should be binding upon their people"
owhom was this pledge given' II could possibly
have been given TO the OF the United States
ns did not exist when these notifications had; and
The very object of the rahcaions to create it, 10
preserve IT, aud 10 amend it, when the Sovereign parties
saw ii 10 do go The pledge given by each State
ITS co States; given and received TO and by each ,-
uaIy and reciprocay; the pledge of being con.
sdcialon OF the pledge OF another. These mutual and
reciprocal pledges, constituted valid contract between
hen all which, whether it may be properly called
va league "a comPact'-or san agreement''-I will
ngy leave TO the learned author of this Proclamation TO
decide Nor is II Of tho slightest importance TO my
prcsen, purpose, TO enqure whether Covenant made by
State with its co-Sates having for its object the estab-
ishincnt oil government, is less solemn than if
the object OF the covenant had been establish an Al
lance, or TO do any other act II il he Covenant at ALL
admit Tia. the faith OF the contracting Sovereign parties
" mutually pledged to observe III aud whatever may be the
orm or whatever the object of their Covenant Fides
seIpd""d est. No reasonably ask more, nor am
disposed TO concedc less than ths-al for which con-
tehd, is that the promise made by every raying
stale 10 It's co-Staes and by possibility could have been
made TO mere potential government, which, at the time
oil The promise made had not and by possibility never
might have had, any actual existence IL this is So the
Constitution OF the United States is covenant between
me several Sovereign States by whom it ratified,
whch covenant the government thereby created is not
nor by any possibility could be party.
10 ascertain what the object and extent of the
pledge we must look into the instrument itself TO which
he ahcaons OF the several Sovereigns refer We shall
there nd that TO attain certain great enumerated OBJ
"@ geyernmen TO be ordained and established,
doWeu with certain enumerated powers, for the attainment
o the enumerated objects Therefore, the faith OF the par.
ties was pledged, each 10 the other create such 90
vcncn' endowed with such powers, 10 be exered for
such purposesto continue and maintain this ernmen
IN the Tree exercise of all these powers while for
ese ooects-and so 10 support this Constitution. Fur
her than this, ii is confidently believed, that one at
hS d'y can suppose the faith OF the Sovereign parties
pledged.
So far the way is smooth. But when it is asked, how
and by whom The faith pghcd by high contracting
parties IN their several notifications OF this their covenant
may lie violated? The answer seems at the first view of
the question: be easv Yet there is no real diff.
Gully in the way, provided first approaches TO it are
all true aud sustained for this will be found but
coroiary from the former conclusions. Thus, when it
asked how this Covenant may be violated The general
answer, is obviously this 1t may be violated by the re-
iusa or neglect OF any OF the paIes do any the
veai acts, which they have respectively stipulated in the
covenant, that they would do by their doing any of
the several acts, which they have respectively stipulated
III The Covenant that they would do and il cannot bo
violated by them any other mode For while all the
parties do and orbear 10 do all that by the Covenant they
have promised 10 do and TO lorbear from doing, tho per-
ornance Is coeXtensve with the promises the latter is so
July satisfied, ct FidcS servdtd est.
So too, when il is asked by whom NAV this Covenant
be violated The is by some of the parties to it
only IL all agree to disregard it, this violation but
mere unsuitable change avoidance of the Covenant
by The parties who made it, and who may any time alter
or abolish it, at their wilINor s it of the slightest con.
sequence when the parties all concur whether the chanqe
avoidance of the Covenant, eec,edi in the mode there
IN prescribed mot For OF its parts oliga.
tory upon the faith of the parties than any other they
have The same right (a agrecing) abrogae the part
prescribing the mode in which alone it may be amended
as TO change other part of the instrument The whole
Is but promise made by each to all; and all as ri hit
ny annu the promise OF each made 10 themselves any
individual cancel at his pleasure promise made 10
hmse-Neither Is it possible, for any other than par
W, 10 violate any Covenant For If this possible the
fah oil parties would not depend upon their will and
ability, but upon the will of others, whom they NAV
have controls and faith never could be kent, Stran.
gers, not parties to Covenant may by their acs prevent
the parties from fulfilling its obigatio upon them: bu,
such acts OF Strangers constitute violation Of these obi
Cations for violate ii but such the obligation
o1ges; and absurd TO suppose, that it obge any
others, than the parties who voluntarily agreed that they
would be bound by it, Then the Covenant entered into
by each oil these States with its Co States be violated
by none but the Sovereign parties that Covenant If
tins was not So the peace OF Nations and the faith of
States, would hang upon the will every ncendiary ruff
Ian. who lives as the disgrace OF the community of which
he may be an unworthy member.
Here II may be asked, may not the government of the
United States, or OF any State of any Department of
either OF these governments nay may any ndi-
vdual, violate the Constitution OF the United States?
Doubtless, each OF them may do and in doing would
be guilty oil very wicked act, which, generally, would
draw down upon the agent or agents. the conseouen.
ces OF a sanction, they might then probably disco.
yer was not 'moral sanction,' although the
act might be done, by this would-be Sove-
reign, the government of the United States itself
which, ii Sovereign, could acknowledge no supe-
rior. But violation OF the Constitution of the United
States, whether perperate1 by their government, or
by any body else, except Sovereign Stale, not of
tSY, any breach O the Covenant for Observance of
which Tie faith oil the high contracting parties that
Covenant is mutually pledged TO each other; and this
Tor the reason before given, that but the parties
can violate CovenaDt and that neither the
nor any individual, Is party that Covenant When
the Spanish ntendAnt at New Orleans of
the 22d Article OF our Treaty with Spain, deprived the
Citizens OF the United States of the right of deposite the
port OF that city, this breach OF the faith Spain
because when she informed OF the done by her Of
cer under colour OF her authority she disavowed
having been done III virtue oany such authority given by
her So, too, when upon OCCASION a mill
tary officer OF the United States acting of
many OF the Articles of the Treaty with SPAIN en-
tered her territory with the armed force under his com.
mand seized upon her orrcsses her subjects
and annucd her Sovereign powers; even this act
constitute ed no breach OF the faith Of the United States
because, they too, when informed of these acts done by
their officer, under colour of their authority disayowed
them all, as having been done by him in pursuance of
any power given by them to him for these purposes In
either Case, the mseeds of these agents. although not
breaches o! the pghted faith OF their respective Sove.
reign because Unauthorized and dsavowed by them vet
being done under colour of their authority bound these