Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-03-29

without a direct violation of their duty and their oaths;
such a violation as would break up any other Government.
Looking still further TO the provisions OF the constitution
itself, in order 10 learn its true character, we find its great
apparent purpose to be, to unite the people OF all the
81 ties ulder one General Government, Tor ceI tain de inite
objects; an q the extent OF this union, to retain the Sc
paiate %su,hor"y OF The Saus. Congress, only, en- de-
c'te Wor ia r.iOse, when one safe is at war with a 10.
'eiSn nation, all must be a. was. lhe President ard the
senate only, Can make ace; when peace il made fr che
Sta =, ther,io e, itmCsi be IN de Tor all
Can amy thirg b. conceived IA, rc icpostrrOu than tlat
any SIle shnu 1t lave power to uu!lity he proceedings OF
tie Geuer.l Govctuueui. rospectIg redce aud Wat;
50 hen Nar il declared BY d lA~ vi Congress, can a singh.
: a e n"lhiy that Law, a,d ieunain at Peace? aud YET She
may nn ity 'hAi Law as we'll as any o hes. Ii the Pre-
l!eht AID Senate max peace. may one State, never,he-
Lass, con inue the Wal? AMI yet, il she eau nullily a law
she may quite as " ell nudity trca'y.
The truth is. Mir President, and no ingenuity of areu-
inemi, no suhtiey Of distinction, can evade it, that, as to
'cr'"" purposes TIC people OF The Unltcd States are one
people. They ATE one in making war, ani one in making
peace they are one in regulating cOniucice. am! one ia
laying duties vi impoNS. The very end aud purpose OF the
CONSTITUTION was 10 make them one people Ia th'Sc patti
ouisrs; aud II has eiiectu1lly accomplished its ohiccts.-
Nj this Is apparent on the face OF the constitution itself
have already said, sir, that 10 obtain a power OF direct
legislation over tie people, especially ia regard to inpusis,
was always promiUcut a. a reason tor getting rid If the
confederation, and Drmiug a new constitution. Among
iui'utncsable pools OF this, before the assembling Of the
convention, allow me 10 refer only 10 the report of the
committee of the Oil Congress, July, l7S5.
Bui, Sir, lot Us 20 to The actual formation of The consii,u-
uon, let US cpcn tho Journal OF the convention itself. and
we shall see that the very irst resolution which the con-.
ventOn adopted, was, THAT A NATIONAL GovrRN-
MENr OUGHT no BE ESTABLISHED, CONSISTING OF A
SUPREME LEGISLATURE, JUDICIARY, AND ExEcU-
TIVE
This itself completely negatives all idea of league. and
compact and coniederSt Oh. Terms could not be chosen,
more INT to express AN intention 10 establish a n National
Government, and - Danish forever all notion of a coupact
between sovereign States.
THIS resolution was adopted on the 30lh of Nav. AZ.
rewards, ue style was altered, ard, instead Of being
nent Of the United Sta'e: but the substance of ti, re,o-
luton was retained, and was at the head OF that list of re.o.
.uuons winch was afterwards sent to the committee who
were TO iramu the Instrument.
Its true, there were gentlemen in ,he rouvcuti,n ,vLo
were Tor retaining the cOnftdeta ion, and amending lis mr..
ucies' hut the majority was against this, and was for = Ma
lnn'' Government. MIR. Pdttcrsou's propositions. which
we're for continuing the articles OF confederation with adj.
illouhl pow srs, w~rc submitted 10 the convention ihc
i3!h OF June, and referred to the committee of the who'll.
MAJ the resolutions forming the basis of a National Go
vrrnmeu', which had once been agreed TO in the commit
Tee at '"e Mho''' ana reported, were rocominitcd to The
same committee, on the sduIo day. The convention then.
IN committee OF ne whole, on the l0:h Of June, hal both
these plans before them; that ito say, the pl,n Of , con.
Ir"'r''l' or compact between States, aud the plan OF A Ma.
"o1", Government. bo'h these plans were considered
and debated, and the committee reported, " 7HGf then Nm
npf agree ~ me propositions CGeicd 6V the honorable
ar. Patterson, 6Ni that then again submit mo ,cvoJ,,
h0iS Jorhicriy reporied" ii, sir, any historical fact il, ,me
world be plain aud und eniahle, ii i hat the convention de-
i'et"tcd On The ,Xpediemcy OF c ntinuing the conleder,.
AoH' wan some ~aNeudmcuis, and rejected that scheme.
ana adopted 'e plan OF a National Government, with q Ie-
SiS!dlurc, an executive, and = Judiciary of its avn TL,y
were asked to preserve the league; they rejected the pro-
pol''oh' lItcy were asked 10 continue the existing com.
pact between States; they rejected il. They rejected
compact league and considerations; and set themselves
about. framing the constitution of a National Goyernmeu,
AMI they accomplished what they undertook.
lImen viii open their eyes iAirly to the lights of history.
II Is impossible TO be deceived on this point. The great
object was To supcrscdc the confederation. bv +, REGULAR
government; because, under the confederation, Congress-
hid power only TO make acquisitions on Slate: and il
o''ie' ueclIhed compliance, as they did, there was no re-
meHy uu' MAT against such delinquent States. IL would
seem fom Mr.. J%ciIerson's correspondence i'm I7s6 and
1881, that lac was OF opinion t.at even this remedy ought
%ys dHgi'q' mi tdHSS'sso %Stte,issFaat3y9 shiOgRgE Ks in llgetan!! ro}SiaGaEyn NE
suggests tha' a s'"5'e hhiga'c would soon levy, on the COM
mefce Ola Delinquent Stale, the deficiency OF its contribu
ton. But this would be war; and il was evident t,at a
coniederacy could not long hold together, which should
DC at war with IT. members. The constitution was adoot-
cd 10 avoid this necessity. II was adopted, that there
might be a government which should act directly on inIivi-
iualS, without borrowing aid from the State Governments.
This Is clear "a light Itself on the very face of the provi.
slons OF the constitution, and its whole history tends to the
same conclusion. Its trainers gave this very reason for
d'eir work IN the most distinct terms. Allow me to quote
Dat one OF two proofs, out OF hundreds. That State, so
small in territory, but so distinguished for learning and "a.
lent, Connecticut, hal sent to he general convention.
among other members, Samuel Johnston ana Oliver Els
worth. The constitution having been framed, ii wassub-
mite! toa CONVENTION OF the people of Connecticut Tor ra-
uhcation on the part OF that State, Mr.. Johnston ami AIR
Ellsworth were also members OF this convention. On the
first day OF The debates, being called on to explain the
seasons winch LED the convention at Philadelphia 10 re
commend such a constitution, after showing the INSULT
cie"cy OF tue eNi+ ing conie'ieracy, iuasmuch as it APP
piled to States, as States, MIR. Johnston proceeded TO s,v-
"lhc convention sa" ihi. imPeiiccuon in attempting ia
"S''''c I'd states IN 'helr pOlucII capacity; that The CO.
crcion OF Ia" can be exercised by nothing but i military
lIrce. They have, therefore,, zone upon entirely p.ty
ground. They have formed one new nation ont OF lhe i'm.
IlVIuua! States. ihc constitution vests in the General LIE.
Ssl'tuie a power 10 make laws in matters of n1tionaI con-
cer'; to appoint Judges 10 decide upon these laws; and To
appoint oihterS TO carry them iu;o execution. This cx-
cindes the idea OF an armed force. The power which
Is TO enlnrce these laws, is To be a gal power, vested i'm
proper magistrates. The force which is to be rmploycd
Is the energy 81 law; and His force j., TO operate only
! upon individuals, who Gail ia their duty TO their couutrv
Ihi.i the peculiar glory ct the constitution. that il depeu1-
upon ttn MIA ana e4nI energy oi uIc mIgisuacy for the
execution OF the laws"
In the fir'her course OF tic debate Mr.. Ellsworth said:
la ItePuhiItS II lisa fundamental principle that the
majority govern, and minority comply with the general
voice. How contrary then To republican principles, HOY.
hhnhiihihg - orr present situation! 4 single State can
rise ur, and pat a UeiO upon the most important public mea.
surcs. We have seen this actually take place; a single
State has controlled the general voice of the Union. a
minority, a very small minority, has governed Us. So fan
- tins rom being consistent with republican principles
that Il us ia effect the worst species Of monarchy.
"iicncc "e see how necessary for the Union is a co.
ercive principle. No man pretcnls the contrary. We
all see AMI tel ibis necessity. The only question i. shall
II be a coercion of law or \ coercion of arIns3 There
Is no other possible alternative. Where will those
who oppose - coercion Of law come out? Where
WI they end! "A necessary consequence Of their
principles - a war OF the States, one against aro.
ther. am for coercion by law; that coercion which
acts only upon delinquent individuals. Tits CON
slll1iion does not attempt So COeTco sovereign bodies
states, ~ Their political capacity. No coercion is appli.
cable to such boles, but that OF an armed force. If we
should attempt TO execute the Laws Of the Union, bv send.
volvc tie good and bad, tie innocent and guilty, ian the
same calamity. But his legal coercion, singles out the
gully individual and Furnishes him for breaking the law,
of The Union"
(To be conLnued)