Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-03-19

checks aud balances FOX he protection Of The minority
ag'iusi The expressions OF tie IN ioriy.
The first article Ia tits new Consi,u ion is an encroach-
mEht en- the tcdcr'iivc principle, IN the organization OF a
CtnggesS OF the United Safes. Two branches OF the Lee
stsii,ure now e\i,t, instead OF Que as formerly, in neither
OF which rs the led ratiyc principle preserved in its pUri
~. The vo lug is M loj ger done by states, nor are uae
states considetcd eGual one 90 auO,het; Tor, whilst one
State has ten members in the House Of Representatives,
anot er % them has but one. AMI why 50, Mir. Chair
'ddn! ec1u-c Il vas thought 100000 were entitled e
mo'e reprr.rn'oiycs han 10000 person; - tina, the large
State Of (rginii. nih her large popgla ion scate: cd over
al portions OF tie Commonwealth, aud paying ten times
As much revenue for he support Of government, as Rhode
stihd,r qutrcd tea lines as many eptesen atiyes TO make
6n'"hths wan S OF her people. Fearing, however, the
Consequences OF an ext nsiOn of ills equitable principle
OF repiescn"ti n To the ohcr branch OF the Legislaturt
th"i 1t might lead to tie dong OF any act az Interested
"tYoIity couit dc>ite, eui thereby break down State au-
uo'i'i'S altogether, aud 20 put Il case the small Safes of
ne conledcracy hey aSrecd 70 give 60 ah, great and small,
rqial representation in de Sena'e OF the United States;
nu'' even IN that oraUch OF & orgress, they do not vote by
SAFES, bat each Senator il at Gbetty 10 vote as his iudg-
'nent may direct, so that neither branch OF tlis national
Legislature Il | can be permitted 10 call Congress hv
dat meme, is founded on be fcdeI alive principle only, but
'he two clements, Of which the two branches part1kc,
make tat department OF the government sufficiently
strong tor The ohiec : Contemplated, and not too strong 10
be confronted hyt'e parties creating IT,.
by the ra'ihraion of tins Constitution, the parties to it,
"e people OF ue respective States, parted with SeUenteea
oil The attributes Of S0Uercig nty-among which are, "the
right to coin money; to establish post offices; to declare
war; to provide aud maintain a navy; TO regulate COM
inerce; TO make treaies,' &c. These enumerated rights
~. "'tN NAAA ~ At SttAtSs N@Nl Will Il - many n :
aho'ner' with the same common object in view, the hep-
pincss and safety Of the whole, not again to be recovered
except by a dissolution Of the Union.
sensible OF hlc Necessity of avoiding collisions between
TINS Federal Government and the State Governments, af-
ter defining what attributes of sovereignty might be ex-
crted by Congress. fearing they might do by construction
what the parties did not intend they should do, they for
GadA their doing seYen different thiugs, which | need not
detail TO you.
Mr.. Chairman, | fear l have dwelt zoo long on the Lee
gisla''ve department OF the government, and will there
fore consider the Executive branch Of il, as briefly as the
nature OF the subject viii allow. Under the old articles
OF confederation, the Executive business was done by
what was called ga Committee of the Slales,' chosen by
Congress, one from each State, to attend to the business
oil the States in the recess Of Congress. For tMs "Com-
mi,tec OF the states was substituted a Chief Magistracv,
TO be elected once in four years by the people of the
states, whose duties were also defined 10y tile present
Constitution.
The highest prcrogatvc among the enumerated powers
IN this department, was that of vctoiug the laws of the
Legislative arm al the government, and thereby to pre-
vent n bare majority from fixing on the peopie an uucon.
Siiniional, %tnpoH'ic or unjust law. And why so? 4
member OF the, House OF Representatives although one of
me representatives OF The people OF the United States, in
The Congress Of the United Suites, was Immediately ac-
connt'hlc only TO bis own conscience audtho distictthut
elected him. The Senators Ncrc elected bv The States. and
being accountable only TO the State elcc,ing them,
lhey hhght, IN pursuit OF the advancement Of the in
tcreSt OF their constituents, lose sight of all moral re-
Ntrdints, aud impose on the constituents Of other mem
,hers' laws that ought not TO pass. The President, then,
having been voted Tor by all the people of all the
States, through their Electoral Colleges, is the repre-
sentative OF Tie whole people ofthe United States. lie,
u was tcNcNei, would not, alter being put in the hipLrst
Office with" the gilt OF any people, couiine his views and
acts to the advancement of amy paicular local interest.
nor TO combination Of interests, to the destruction Of ano
ller OF the many and varying interests of The country
over which he was called 10 preside; but, that he would
arrest any measure, the tendency of which was. the on
preston o! one for the advancement of another portion orhis
constituents. La the enumeration OF Executive duties
either by the President himself or conformity with the Sc
nate, some will be found of a pcrmissive, others of a com.
puIsory character. But will not detain you, MI. Chair
man. longer on this branch of the subject, than to call
your attention to the last, but one, of The Presidents du-
ties; 1t Is one OF an imperative character, and | wish YOU
to bear it in mind, as / shall have occasion to opDIy n he.
fore close my remarks: il is this-"he shall take care
that he iaics be faiHJidiy erecuted."
But, Mr. Chairman, so cautious were our fathers, that
Notwithstanding they had specified the delegated powers.
and inhibited others not delegated to these two departments
OF government that | have been considering, they were
required to swear before they commenced the discharge
oil their duties, not u 90 beyond he barriers thus erected
TO restrain them. knowing as they did, if usurpaGons
were Insisted on by Congress, and aCquiesced i'm bv the
President, a dissolution of the Union might aud would be
tho consequence, they determined TO have the other de-
2ariment OF government OF which | spoke a short time
since, viz: a Federal Judiciary, to consist of 50 one .SYuyeDie
court and such Inferior Courts as the Congress pay,
from tline 10 time, orGaln and establish" The judicial
powers were defined, and fbe judges of these courts were
made i%ndcpend.a at Of the appointing power. They were
10 hold their Offices during good behaviour in other words
during life. And for what were they put out of reach of
the creating power? For this plain reason-that il should
be a distinct branch Of The government, and not dependent
for It's existence on another branch OF The government; chat
ii one or both Of the others adopted an unconstitutional
measure, those Judges might fearlessly arrest its execu-
ton, caring not " bom II might offend. There were oii4er
objects, but these arc sufficient for my present purpose.
Sir, | have to The best OF my feeble abilities, pointed
out the difference between the articles of Confederation
and the present Constitution. Now, lis agreed on all
bands, that The government of the United States was or
ganiscd coniofuAb'y TO The great principles Of Tie Consti-
tuition thereof
Sine the subject wc are considering was introduced in
the other House, | have heard so much said about the
s0rfreigHty Of States, that | am induced to avoid, as far
as | can, the use Of The expression. My knowledge of
language is very limited, aud I find if do now, as have
heretofore done, (Ni'hout due deIbcra!i)n) admit the
Gitre sovereignty Ut the States, The admission would
bring me unavoidlbiy to the conclusion that a state ia
MiS tHi0l IS superior ia authority to the government
N the United states: Ia fact, thatit is "A government, or
not a government, at The pleasure oil GHy one OF the TWEEN
ty- -four states. But this ! am willing TO say, that the
States are sovereign la tc enjoyment Of all The reserved
rights, aud tltt the General Governments equally soye-
reign over the rights parted with by The States. Even
this, perhaps, will be wrong for me 10 say, as may be
told there j. no such thing as q HjHiici S0reTeigntv. To
make myself distinctly understood, then, let me change
the words ihat arc TO convey the idea. This is what
mean, and what am willing Ia stick o;-hat The Gene.
raj Government is Il limited government, and that the
state governments are also iiHifed. Sovereignty there fore,
in its unconfncd sense, is in the people; not in the ag-
gregatc, bui in the people Of the States, they being the
parties to The compact.
! instituted, when I commenced. a comparison between
The present Constitution and the Articles Of Confedera-
lion, and stated tgat the makers and ratifcrs OF the Con-
siituuon vented q stronger government than they before
had; that they wished 10 confer certain powers for certain
power 10 enforce the Observance Of laws made in pursu-
ance thereof. 10 that ! cannot be mistaken, for the 2d
section OF the oh article H. in these word: "This ConstI-
tuition, and The laws OF the United States which shall be
made IN pursuance thereof, aud al treaties made, or which
shall be made, under the authority Of The United States,