Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-03-07

winch attended SYSTEM
There another observation Of my honorable col
league, founded, it in the erroneous
view Of system from which in all kindness and
spec am compelled TO express dissent. lie advert.
eel 10 the instructions gwen TO the Delegates OF the
States in convention revise the articles Of confedea.
tion, to abolish them. proper guide in deer,nn.
ing the character and operation ol the present Cunsu
ton Bu'. sir, appears TO that lar the
character OF the Constitution il concerned, the inquiry is
not what the Decg Convention instructed 10
do, hn what they actually did, and what the people of
the United States gave their by their subseuuen
rathcaonS The memhersoi the Convention, from high
considerations suggested by the derangod and critical
state OF the country have felt themselves justified in
exceeding their instructions and vet their work, when
subsequently sanctioned by the adoption of the people
would not be the less Legitimate aud valid Every thing
depended upon the voice Of the people, 10 whom the
stuton submitted for ratification. lfhcy should
dappove 1t, though il might he in pursuance of
Instructions, the work would he Of effect, IT, the
other hand though departing from instructions, should
he approved by the people, that high approval would blot
on, all Snecedeut Irregularities.
The true question always is not what project of Con.
venton have been originally ntemplaed by this
that State or brought forward by any member of the Con-
vention; but what constitution actually adopted by
the States? Ii is that constitution, the Peoples consi,u
lion. and the project Of Luther Martin OF Mr. Paiter.
son. or OF any other member Of the Convention which we
have sworn To support.
The true character Of that constitution depends the
sense in which il understood and accepted by PEG.
pie OF the States at the time of its adoption;
again. Mr. Jefferson orCibly remarked in his letter
to MIR. Gerry, The ia Uhch explained and
advocated 6y its friends. Ii is in this view that the pa
pcrs OF the Fedorast entitled TO greater weight
fixing the true construction Of the constitution than any
other commentary whatever; for it was in reference
the explanations given by il OF the system govern
nent proposed that the public mind hrous the Uni
tel States formed It's Judgment in the final adoption OF the
constitution.
Now, SIR in regard this matter Of instructions YVES
distinctly admitted by the writer's OF The Federas AMI
other friends OF the Consi uliou that he Convention had
IN ONE respects departed from their instructions Bur
sill, tie departure in form than substance
Their an horty, is true, was o revise the articles OF
confederation anu 10 propose alterations and further pro-
visions heren; but the purpose that re, ion ex
pesy declared to be TO render "the Federal Constitution
adequate the erigencies o government and The nyeser.
ration IF The Union. These were the great objects TO
he Kept cons anily in view by the Convention and should
never be lost sight OF by us in Interpretation. of their
work VI TO accomplish these oLec was folrd nec.s
sary to propose entirely system the departure
from the letter OF the instructions in this respect was but
acrhce oil TORN TO subslancea preference Of the end
the means.
Sir, the great end Of the assembling OF the Convenon
that which called for by the universal voice. an
tDtcien goceTnnent-an institution "ade quaie the earl
Union" "
Sir, fit not for the great sensiveness which has
been discovered d late in regard 10 the term national
might remind gehnemen that in the resolution OF the Old
Congress under which tho Convention assembled the
Object OF lis abors expressly stated be establish
ment OF "G firm national government" | am very far
Mr. President, from saying that the government actually
established is national ona, in the which is now
generally attached TO that term. But, sir,
compliance with he temper and fashion OF the times
FAR renounce the ideas md language which till lately
were universally familiar 10 the American mnl as TO say
that this government has national features Sir,
hough fed raj in IFS basis and PRINCIPAL relations does
possess some national features and those of an mporant
charac In the very relation involved in ibis discus ion
the operation OF the government i'm he execution of s
powers, it is national. federal. The fundamental dis.
tncton Gew federal and nat Onal governments in this
respect u.s. that the former operates the States compos
ing the con'cderdcy in their political capaciiie while the
'aeropcraes directly on theinivdua citizens. In this
spect candeny that present government the T.
5 strictly national In The representation of the people,
in the other branch Of the Legislature
also clearly national; wbilo in the representation of the
tween the States AMI the limited extent of its powers Tor
special purposes 1T decidedly federal But SIR on this
subject will only refer gentlemen well known mum.
Der of the Federais [he S9t written hy Mr. Madison
where they will find thorough analysis of the govern.
men, in all its relations, and where clearly shown tina,
Is neither wholly federal nor wholly national but COM
position oil both. Sir, construction of the Constitution
can he sound lead results just in theory or safe
IN practice which does not keep steadily in view this
mixed character of the and look as well TO its
national as 10 its federal features.
have been led, MIR. President into this depression on
me general character OF our present poll ca system
distinguished from the articles Of confederation TO which
1t Is said to bear close affinity because do firmly
believe that il the doctrines conened for shall pre-.
vail as complete subverson of our existing institutions
will have been effected prdccay as if the Constitution
oil the United States formally abolished and the arii.
cIes OF Confederation again established! Is not the dn-
gushing feature, the vital principle the onsti
tuition, the power, which in the government of
ecntIng It's laws by direct action indiuiduds7 But
1t Is conended that the government of the Union nav at
any time, be superseded in this direct action indpi-
dtfd TOR the purpose Of executing laws by the inter.
position oil State declaring law of the United States 10
ne nun ana void II this be is it obvious the
government Of The Union is once reduced again TO that
dependence the authorities of the individual States in
the performance of its constitutional functions which il
was VIGOROUSLY the chief object of the present ConsI.
ton to avoid and remedy
That the inerposOn of a State acting i'm her
capacity through convention of the people as i'm the
case OF South Carolina, is OF avail to arrest the
execution OF The laws OF the United States than an inter.
pouon IN her ordinary political capacity is apparent
from me language OF that clause of the constitution which
asserts the supremacy OF the constitution and laws OF the
United States, any thing in the constitution or laws of
any State to The contrary Notwithstanding" The const.
i0n oil State is always the OF State in her high.
est sovereign capacity; and if IL can oppose no obstacle
10 the laws oil the Union, here declared follows
That neither the sovereign the legislative
OF State sufficient, under the constitution 10 defeat
law Of the United States
II any thng farther were wanting TO show that the in
terPosliion OF State, cannot, under the Constitution all
solve the citizen from his obligations to the Union CON
elusive proof furnished by the rejection of the amend.
inent proposed IN the convention by hr Luther Martin
WIhch was brought 10 the view of the Senate few
SINCE, by the honorable Senator from Delaware mfr
CayionJ Mr. Martin, with the express view az he tells
U.s. OF securing the citizens of the respective States
agals the effects OF their responsibility TO the Jrited
oes Whcre M obedience TO the authority OF their own
otSe' lhey should oppose the laws OF the Union submit
ed proposition IN the following words as an amendment
10 the article ia the Constitution treason.
vlded that act done by one or u,oye nj The
states against the United States or by any citizen o anv
one OF the United States under The dtifhoriiy of ann
one or more Of the said States shall be deemed
or punished as SUCH, &c. This proposition sir was re.
yccteu' ana the inference drawn from the fact nv Mfr
Mauh IS lrTeslstibethat intended to preserve fine
constitutional authority OF the Union over the riizens of
fpa in full forcn. U-- -,