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

u HttTctU ~ NE REORGANIZATION OF Iresi1enf- TnrEsOnl OF
the 10Th Of December, 1892 in a series of numbers.
originally published in the Norfolk and Portsmouth
Herald, under HE signature Of "A Virginian."-
Nc. VIII.
(By LrrrLEroN WALLER TAzEwELL, ESQUIRE. late
Senator of United Statcs)
One obvious error pcrvades every part ofthis Proclama-
lion wherein its author speaks OF Sovereignty. Confound-
ing Sovereignty with Government, aud graduating the
powers oil government according to some fanciiul scale,
he iniers, that whoever may possess what he considers
the great powers OF government, must be sovereign; and
that such as have not these powers, are not Sovereign.
Hence, he concludes, that as the States, by the Federal
Constitution, have granted away "the right to make
T~reaues-declare war-levy taxes-and TO exercise ex-
elusive Judicial and Legislative Powers"-they are no
longer Sovereign but that 'ihe allegiance of their CHI.
Iens was transieTred, in the iirst instance, TO the govern
ment OF the United States."-And he asks, in triumph.
"How, then, can that State be said to be SOVEREIGN AMI
independent, whose citizens owe obedience to laws not
made by it, and whose Magistrates are sworn to disregard
those laws, when they come in conflict with those passed
by another :"
This can scarcely be called sophistry, it's palpable mis-
take, prodsced by ignorance Of the great characteristic
difference between two subjects totally distinct from each
other, by which ignorance the author is frequently lead TO
confound them. If he would but have paused a moment,
them would have prevented him from falling into any such
errors. Is any government within these States, whether
general or particular, whether State or Federal, created by
its own will! If tits, such government must certainly be
Sovereign, Tor none other than a Sovereign can create 90
vernment. But i fit is not, thenit is as certainly the crea-
ton OF the will of some other; and its creator must con.
iinue 10 be the superior OF its creature, unless in the act
OF creation, or at some other time, it has transferred TO the
creature, the right 10 preserve itself, in opposition to the
VIII OF the creator. in which case also, the creature NAV
become a Sovereign. Now does any government, of any
kind, within these States, enjoy the right 10 preserve il.
sell againstthe will of its creators ? There is no one TO be
found as YET at least, so Profligate as to affirm this, aldlo'
tits apparent, that there are some, who would try TO prove
by argument what they dare not assert as fact and who,
ut some time or other, will probably offer 10 establish such
a right, ''ulima rationc." Then, il none of our govern
mcnts are created by their own will, or can be preserved
by their own will, when that is in opposition to the will of
those by whom they were created, there is no semblance
o! truth in the position that any of them are sovereign
because, they too, are, all of them, compelled to acknow.
ledge a slDerIOr. And Tho aruumanf xvIIrb mould -.
Sovereignty in one from the want of it in another, must be
unsound, unless it can be shewn, that OF two ialsehoods
one must be true.
"The right to make Treaties SC. is not a more direct
emanation OF Sovereignty, than the right 10 punish crimes.
TO prescribe The modes in which alone property may be
acquired and held, to create Corporations, whether for
Banking or any other Purpose) anu the like. If the cx-
elusive possession OF the former powers, prove Sove.
regnfy in the general government, the exclusive posses.
sion OF the latter powers, which are equally necessary and
important, would prove Sovereignty i'm the particular 90
vernments; and we should then see the case of two SoSe.
reigns-of "Two Kings OF Brentford." But as such a
conception has never been entertained, except in the
Imagination of a humorous dramatist DESTROYS to divert by
a ludicrous exhibition, | presume grave Statesmen would
not resort u such authority, to prove the verify OF their
theories. Because there cannot be two SovereiSn ms in ONE
country at The same time, however, ii does not follow, that
mere Is no Sovereignty there. In denying Polytheism,
no man ahlrms Atheism, simply because both are false
hoods Nor in denying that all or any of the governments
within these States are Sovereign, does anv one affirm
that there is no Sovereignty here. Sovereignty must
abide in every State, or it cannot be a State. ii abides i'm
TINS country, as periect as 1t does in Russia or in Turkey,
@N''N "'''NsAA ' HDNtFeE. OH
IN the People; and who The People are, l have already
shewn.
This Sovereign People might, if they pleased, have ex.
erted directly, all the powers which, in the exercise Of
their sovereign will, they have seen fit to delegate TO
others. II they had done so, we should have had a pure
Democracy, where, as IN a pure Despotisn, the sovereign
~ and the government are united. But thew did no,
choose to do so and thought il wiser TO establish a Re.
preventative Democracy. X results from The very nature
OF VhIs form oil government, that the sovereignty remains
with the People, while the government is in the M,ois.
tracy, their representatives., agents and servants. Group.
ing all these Magistrates into two great classes, OF Federal
and state agents, the Sovereign People have said 10 one oil
these classes, we assign 10 you the duty OF making Trea.
ties for us, &c. To the other class they have said, we as
sign 10 you the duty Of puuishing crimes committed against
us,&c. In assigning these different duties to their different
agents, however, the Sovereign People neither impair
their own Sovereignty, nor create one Of these classes OF
Magistrates superior 10 the other; because. they arc all but
servants, acungin virtue OF the power which each derives
from their common Master, and Tor his benefit. Nor is il
possible TO institute any comparison between the powers
granted 10 these different classes OF agents i'm order 10 defer
mine, in that way, which is The higher; because, things
totahy uhllke cannot he compared. h The power 10 pre-
scribe IN what way alone property may he acquired. held.
or Transmitted, greater or less. fhan tie power TO make
Treates' Is The power % preserve or take away liberty,
greater or less tii1n the power 10 declare war? Is the
power to forfeit lic, greater on less than the power ia
levy duties aud inposts?
II we pursue Ibis scheme q little further, and descend.
ing from tie Two groups OF Federal and State agents. OK.
anime the conFiiushi parts Of each Of them, The subiec,
will become moro plain. THUS, The Sovereign People In
their dihefeh charters or lave Tor Tie government of their
representative agents, say TO heir Legislative servants. in
either class, you shall make laws Tor ", upon certain sub.
jccts; 10 their Judicial servants, YOU shall Judge and 9c.
eide Tor the parties before you, how these laws 30 made az.
ply TO their cases respectively; and fo their Executive see.
wants, you shall execute these IA W. and judgments. Each
constituent portion Of either cliss, is so made ne co orJi.
nate OF and di'iinet from every of.cr constituent portion o
That class, not dependent Tor its powers upon any NJ the
other portions, but upon thc common sppetior Of ,i do
Sovereign People. Now, itis ~ easy TO conceive. Lo,,
woo "eniy goycrm0cn'' may be made co.otdin lies o