Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-12-08

: ari nj.
~ SO ,,,wa- &; III S.n.c kryhsitaFcS, give NO
the emntv theory ard dony ns tue hcnrtNai ,
s-ch ;n.rn.,;nns !; is difficult t. conceive now '
peoptc tsn rir" sIHH INSTRUCTIONS jaw
nb s.,tf Al STATE Cnns:;n,icns-sa":ng 10 INC pep
fhc sole rich, 20 ae.. atEtr, OF H3'>' Inc ,''t'S
G.oycsniInut; >av:ng certain eur great hatar"
rh;rb the Legislatures k'rtddra /" touch anu
rentinr certun o.y-rs specified III the Constft" "
the United States winch are transferred ny 'e m Inc
and BY the States roln the State Govert.' Ill., State
General Government-do certsn:E stSs .ovrreigrty,
I.rislatnres every power ar'a a''o'H - r,crrisr
.yiiie, The pcop! themselves would GUY ,J,e d,ilv
ia person. Ttose legislatures arc nn $50 sovereign.
exercise of all powers belonging 10 horu Now The
q. -, ill.,, Tins Forbidden to lhti' I-,
~ except lho"c .Iu' cnators oc the States IN Con-
dress ha, not been forbidden by the o,'v 49, orl in
10 Inc S,u,c Legislatures, ana ie, 80, .i.,nrci mnv
theis own n"hus ycrcicn,v ttis right CT i:struc9
t "nrs as properly they n,ay exercise any VI
nc ..rs which they exercise d"ay, Without a'
Jnrb, about their right, ana witch wv "e NV 7
80 ,hcm By any express Geesat.'h -
I" ~: ,r. doctrine the whole history Of al! America"
coyrrn,nen,s proves the business. The S1;e Lce'SH
LESSEN, deputies t, The first Congress hcy l"Fhe" NV
i, ..,icl.s o; confederation Of the United States mcy
emf deputies to the Federal Convention that 'rdneu VI"
present Con sttution aad they called the coi'Tnt''S W
the people which ratified that Constitution. tu ~,
INV EXPRESS grant Of power 10 pcTtorIn these Po
c;s, YET was it eyer doubted that they had rishtlu
uowera All these great acts vi sovereignty arc 10 NV
beyond the range of ordinary Stale h's's'''o' 10 10
this right of inslructing Senators ,,, ,,,.;,
But This rich, of STATE Legislatures 70 nSt'uI' '
S,,,,r, !, (nprrcss is vet concusVely dchoh'
,,rnbe from view OF the Federal Constitution 'aS'H
with its context the old articles of confederation
Tie articles oil confederation were cs''S'!y "o,s
,,o,e than perpctuai solemn league ana covenant DC
t.e.n the State soyeeeirnties The Federal C'h'e"ton
was deouted to amend them. It, however, Pr"p"se"
new system, which, in its construction OF t'c i'o 49,,
Representatives, departs irom lee rr'ho$,IEs Sato
jrarue and is clearly naoaal bat in that oil the ocnte'
ad6ercs to those principles, and Is clearly ieaeFaHFe
fcderativc, we'll ia the equality OF repr's' .:,
in the mode of election. THIS was no h'''e' III eHc'
than cnrrang 50 much Of the orncr league upon ''s
Constitution mi king that branch OF The Government
ms the whole hat formerly been, the ccprrseuati%e o
the State soverc,gnlleS; and placing II, !iAe @He
eress under the articles of confederation sndrt le ~
fluence of State Legislatures Now, tic tls"t % .e
State Legislatures to instruct their Delegates IN on
gross under the Confederation, never was doubted nc
Senator's under the present ConStitAsioh s1"" :" le
same relation to the State Governments The senate
designed, in TRUTH to form the ollncc o. n
Constitution the consolidating tendencies OF tie otier
principles Of the system, and TO preserve Tue 0'ae "
yernmens nvioIa,c. Such was certainly The coA'c'Po
raneous exposition Of the subject.
Is has been asked by some. II The StHle
may instruct their Senator'S why may not the Colleges q"
Presidential Electors instruct the PRESIDENT Ine Thto
OF the State Legislatures instruct their Senator's rrSS
solely the ground that thy elect them out II Il!
did, there is no ssilttude between ''S E'cI', ''''
Legislative code ia regard TO the r:ght W instruction.
Instead OF parallel, there ruHS contrast between them
The former exists but few weeks, created f"r snsc
purpose and when that is answered. dissolved orEr'
the latter may be regarded Us a*a rs ~
ated for general purposes, aud is the tar
of the State Soyereigutcs. No one electoral po"v rS
the President and Vice President: cach gives o'f T
vote of one State OF them therefore,: 0"' WIN
any colour OF right, clam con:r"u' over 'e
ed BY the ELECTORS Of all the Stalcs whereas the l@s'
latue have the exclusive election OF htir SENATORS, whp
return to them Tor reelection Every facility Tor a'on,
too is possrssed BY the to The other "ou't oe IN
prac,cap to act at ali besides, the President ana ST.
majors are officers OF very dtrrrn, character; he is truly
the Representative OF the whole nation, elected by ati
responsible to all! they are The Representatives. OF the
States elected by the States, Responsible TO te St'"S'
and we naturally look to particular Representatives.
to promote the objects have at heart 10 instruct HE
President we're absolutely Impossible
1t has been urged that il the State Legislatures may
instruct their Senators in Congress- may also the State
Executive. But the State Executive clearly, IN no
case the electors of the Senators; they vested with
the appointment during the recess o the Legislatures
from mere necessity; aud the Executive hut le
Legislative bodies Of the States that are clothed with TIC
State sovereignties this is the great distinction
The power Of the State Legislatures to inlcrPosc on
questions Of deep political interest," in tho affairs OF
tae General Government, by way OF instruction 10
are sustained BY authorities the weight Of which Will no.
be resisted.
The celebrated authors Of the Letters Of Pubas speak
the following un"quiyocal language
g II the majority (in the General Goyernnenl should
be really disposed to exceed the proper limits. The
munty will be warned of the danger and will have m
opportunity Of taking measures to guard against II. Ia
dependent OF parties III the National l'Sr
ottsn The period cf discussion arrived INC 2'0e Lc
gsuturcs wins will always be not only vlya;t, 6ul sIs
pciuus Jealous guardians OF the rights OF the Gill
zens against encroachmcntS from Ire federat Gorcra-
,nch Will constantly have their attention awake 10 the
conduc, Of the national rulers and will be ready ea'ugh
if any Ting improper appears to sound the alarm u the
People and oy to DC the roce, butt if necessary, The
arm n their dtSconicnt
c,l, bo lead rtu
in our political system that the State Governments WI,
ia all possible contingencies afford complete security
against invasion of the public liberty by the national au'
thority Prcjecs Of mSaPatton cannot DC "Sked aharr
prcences likely to e.capc the Penraon C select d0t
Of mcn Of ths Pcope at large. The Legislatures will
have better OF information They can discover
the danger at dstacc and possessing all the organs Il
civil power, and the confidence of the people, they can
at once adnpt regular plan of opposition, in which they
combine al! the resources of the community They
can readily communicate with each other in different
States, and unite their con:on forces tor the protection
Of their common liberty.
Even the Fcderast then agrees that the State Legs
lauc may ntepose to prevent danger to resist usur
paton proportioning their opposition TO the magnitude
of the evil. But how ntcrposc? BY sowing the seeds
Of faction in silence? by arms? or by public and dig
niHcd instructions? Let not those who dcprecate in
testine euds civil wa.S deprccac the right or ubga
ton Of instructions
The session Of the General Assembly of Virginia, Of
l7Y9- lSO is memorable for The report of committee
to whom was referred the communications OF various
States relative to the resolutions oi the Chem last AS
sembly of this State, concerning the Alien and Srd''n
Laws In this celebrated State paper authoritative Tor
the reasoning contains it became necessary to defend
the State right of n:erposcn in The affairs of the &C.
neral Government; and it is stated ct" BIZ plain princ
pie founded in sense, illustrated by common
practice and essential TO the nature OF conpacts that
where resort can be had tribunal suprriour to
the authority of the parties, the parties themselves
must be the rightfu judges in the last resort whether
the bargain made has been preserved or violated The
Constitution of the United States formed by the
sanction of the States given by each in its sovereign ca
pacity l, adds the stability aud dignity, as we'll as
the authority of the Constitution, that rests this c-
gitma,e and solid foundation. The States, then, being
parties to the Constitutional compact and in their