Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-01-12

vercgnty but that it followed OF necessity as the nevita
be consequence oil the powers ganed, and the peculiar
rhraseology OF the instrument.
The expressions ''we the people Of the United Sotes
prove, according To the advocates OF limited power that
ours is consolidated government This idea WAS, howe
ver repndsied by all the contemporary debaris and ex
FOUNDERS OF the Constitution. We, the people OF the
United States, the he people of the States
OF the United Ststesor the sOVerc-n~ OF the Uicd
Sstes Both history and Just construction demonstrate
that the parties simply that the people acting
States bad adoped e Constitution ANY ether
ton would be forced one. The words "a more be sc ct
Onion, have also been pitched demonstrating a in
tcnon on the part the States to produce con
IL may be worthy OF remark, that union and comieder
ton were used anonymously in the old articles ot
federation and le eNpres-ion perfect conterra
don. would have conveyed The meaning Of the parties
well as "more perfect union" But. sir he manner in
which these wOis in'i oducc prove clearly that
the parties oniy intended 10 make tat more pioct which
existed before, aud radical change as TO
cemcnt sovereign and independent States into the integral
parts OF great consolidated government The argument
most relied in the Proclamation, prove tia, ours is
ormv.by the erea body Of the people of the
United States is ha each State is equally
in Congress. In the old conlederacy each State had
equal weight, but in order TO protect the larger from an
unjust portion Of the burdens OF the country was deter
mined that the weight oGeach in common council, shalt
be In proportion 10 the population This, AT first view
seems 10 be departure from the principles Of conIedera-
ton, though upon examination, il will be found lust and
necessary IL Is necessarily incident TO the power of
taxation, which hal been delegated TO Congress and il
would be very unequal cOnederlcy, which should
depart from this principle But. sir, this is new prn
ciple engrAfIed upon SYSTEM have il illustrated
in the Gernanic Contederacy. The weight of eoeh
member in their assembled Diet proportion TO the
population of each; aud this is perhaps Of looses
confederaces in the wordeach member retaining to the
fullest extent its sovereignty, freedom and
But the members of Congress paid from "a common
Treasury. Does derogae from the sovereignty
oil the States that common purse s5ud bear lie xpen
OF Legislation, than those Of other expenses
common to the conederscy! The same remarks will APP
ply TO the election OF Chief Magistrate as have been
made in the election of Members OF Congress The large
States ought 10 have more weight than the small ones
Under III? general ticket system the people do virtually
a of pe IN
proportion otis population Whenever the people fail TO
make an election, and goes Congress, the Represen
ta'lves from each State actually States Ia the
Senate the sovereignty OF the states is completely repre-
scented, each State having precisely the same weight
Delaware with her eighty thousand inhabitants possess
ing equal weight with New York with population of a
million aud half. The pow OF amending the Constu
uoni entirely in the hands of the States acting their
high sovereign character The original nature Of the
creating power Is here clearly recognized this were
The only edarotve feature in the whole system would
be conclusive.
Mr. Chairman there is particular grant in the Con-
shution which the President has seized on with aydity
as The ground Tor claim OF sovereignty the part the
General government allude TO that article of the Con-
suuuon which defines treason, aud gives Congress the
power TO punish it, Treason, says the President ia am OIL
fence against sovereignty, aud with the pow
er punish and the power being granted, sovereignty
must likewise be surrendered Treason is certainly an Of
ience against sovereignty; but is equally true that it is
committed against The sovecisnies OF the States and the
p0cer OF furnishing is delegated aud the sovereignty
against which II Is committed. frequently stipulated
by common treaties between two indie pendent nations thar
declaration of against one should be considered "a
declaration OF against both This certainly does not
conPromt the sovereignty OF either. Why them should
similar declaration, that treason against one should in
IKE manner he considered aud punished reason against
both! But this power OF Furnishing them belongs to the
States likewise, for the crime of treason against the State
OF virginia recognised and defined in own statute
book So far then, this is of sovereignty it will
apply as wei to the States TO the United States
he conclusion 10 be drawn from all of these facts
Is mat The Character OF Constitution entirely fsJe
ratve in many OF its features partly in ALL and entire
ly national in Its prominent features are federal
IL OF pia II l.
still coniedeated Republic; claim for ourselves
as member OF this confederation, all the immuitics and
privileges which the laws of nature aud nations confer on
sovereign and independent State and only lend our
selves TO perform those obligations which volun
1ry entered into, Tar they may require and adiudge
nus IS he oasis oil all OF the rights oil the States,
mere they must ultimately rest Yield this and Won
ylelI every thing oar rights may be tramped with
lmpumy by an interested mai0ri.y The Constitution
lse Intended by fathers bond of union and nl
'ual protection becomes the cyphcr 1t may in.
deed show 10 oppressos that they are overrippino
the limits of delegated pOn en- but has no restranin m
Huence; II Is mere mathematical line over which thev
pass at pleasure, but ceases 10 be am cfcctua barrier
against the unjust entertainments of interest or ambition
having, az Halter myself, proven the Committee
mat the states were sovereign under the oil conieeracy
aud that the Constitution has made no cucroachnens ON
uner inherent nS oil Sovereignty, will proceed to
point out, IN as clear and Ineligible manner as can
consider the appropriate remedy redress i'm cases
oil lnachons OF the compact by any Of the parties Herr
the language OF the laws OF nations clear and decisive
State may submit force substantial performance or
one part OF The compact being broken she may consider
the whole as bOGen-( Yatel Pref passimA LVbere H.
lnrachonis small aud mnatera State would find il her
interest 10 submit and it might be her duty TO do So
ana "here IL IS serious, and infringing on her dearest
Ighs even the privilege Of submission however in lori
Gus or dSgracelu is unquesionable. If she thinks il
wise and just she may force the purpose of
pelliDg the tuhlnent of a violated enraeement Tic
most common mode OF redress and by far the most eo
De, Is 10 consider tile whole violated
violated in any material part This latter remedy i'm case
o Coh'eueIacy 10 tantdmOun and, indeed, pso flcto
eeces9Oh Each Sovereign State bearing the same rea
uoh 10 ITS c0-Siae in state of nature between
10 ;,,V.~o
ii@en " we .n0ue and manner OF redress" This
IS Hght which is incident to all sovereign and
independent nations, bound together by the bonds of
treaty, league, compact, confederacy. Here | would
warn ule committee not TO cOniound this remedy with the
Hgh OIL revolution or resistance the unjust or yrannic
exercise power on the part OF Government against the
liberties OF the governed The violation of the social
tract incurs the guilt and penalty of eason there il M
Pehaiy or the violation OF political compact there being
no Sanction or common arbiter The legitimate remedv
men, Tor any state OF this conederacy who feels herself
aggeyed by violation OF the Constitution in any part
70 CONSIDER violated IN every part in other words to
secede This seems to TO be the richul remedy and
II asked, 1t 1t be constitutional remedy? If bv consti
utona remedy is meant which is expressly oronted
ny uhe constitution, answer no. Ii is derived from
much higher source than the CONSTITUTIONAL is one If
hoSe nigh anu inherent rights Of sovereignies that have
never been yielded The Consttniou sir is an nstrcnt
by which power granted by the States and how can ey
cIdln any hng under grant from themselves IT, how
ever, by constitutional remedy is me amt one which i NOT
lorDdden by the Constitution the right of secession il one
rus Hsnt y nothing inofe less than the riyht Of
JuuShg OF ls nir1cion OF the compact where there is no
common arOteT and 10 say that this is sure ndered is 10
say mar sovereignty given up; for the right of Judging is
an inscpardblc incident Of soverogntyor to soesE NO.
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