Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-02-24

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as destruction of the organs IF life would lead the
Death OF seient being? State, like individual,
may SUBJECT herself TO any law she pleases may bird
herself by solemn pledges to perform the most aborious
and slavish services; but the epa6ay of dtsegarding
Nose obligations can never be taken from her. Such
PrihciPie would annhilate her existence State.
State in the exercise of her sovereign will differs not at
all from human being 10th free agents. The
do whatever is within the scope of his faculties but
he may not do 1oiM IMMUNITY any thing that violates the
law OF that society TO which he belongs The State also
can do whatsoever she pcases the of her capn
bhties but she may not do any thing in violation of
the obligations she has taken upon herself without in
curing the penalty of those laws by which she has
to be governed These appear be secvident propo-
sitions5 but will be found tat they have AN important
bearing on The subjects involved in the present discus
sion.
Virginia. the 4th of July 1776 became an indie
pendent and sovereign State; through Convention,
the representative of her moral teiag he organ of her
free 'oW could do any thing within the capacity of
sovereign State to do. She might have transferred all
the governmental powers necessary the peace
ana h"pl"ness OF her citizensto the King of England
Ito Congress of States in which she had no voice or
she mght transferred part and reserved the rest
herself ms power she still possesses Could She by
any act that was not Suicidal deprive herself the ca
Pacy 10 exercise her free 'o? She might deprive her
sell OF The Po'cr 10 her SOcoregngO free age
ey except certain conditions but could not posi-
bly, dtcest herself Of those attributes entirely without de-
sroying her existence IL true that she MIGHT b,ve
become anIalgspated with some other State and they
Incorporated into would become moral being iden-
teal IN all respects and possessed of will
But so long she retains n separate existence and il
called State she must possess those attributes which
alone can constitute State; any other supposition
I
hon or municipality, such as the town of Petersburg
or the city of Richmond
The only questions then, have TO determine is what
oOigations has Virginia from time time taken upon
herselfwhat has been the character the extent of
those obligations Finding herself the declaration of
independence surrounded by powerful foe unable to
do any thing of herself but being associated with other
States similarly situated, having common interest and
exposed to n danger She united with them in
solemn league styled the Articles of Con-
federation. For the of the
general interests of the United states thus formed All
fhpr
welfare were transferred to Congress of Delegates
appointed by the Legislatures of each State BY an ex-
animation OF the Articles it will be perceived that nearly
al the powers were delegated them which afterwards
were enumerated in the present Constitution. The Con-
federation, however, proved perfect failure will not
stop to detail facts IN proof of this declaration The
mounu truth is stapt every pare of the history of
that period The Confederation Says General Wash
ngton) appears TO me to be little than shadow
without the substance and Congress nugatory BODY
What was il that destroyed the efficiency of the Confede
deration-that rendered IL sdlo,g and made ,onuresa
any0tory body? Ecey measure dopeadcd for ITS one
ration the aoF Of the States Each State had right
to refuse her acquiescence in any law that might be
passed by Congress- and thereby render nu r0d and
81 no toyes Tine evils resulting from this condition of
things finally became intolerab e--thc States were on
the point OF breaking up the Union with mutual eaou-
SEES and sinking into confusion and anarchy Virginia,
defence and welfare OF her own citizens sent DEPUTIES
to general Convention to take the affairs of the Con-
rderacy under consideration The Convention, after a
long, laborious and anxious deliberations finally agreed
to present to the States, Constitution of Government
as the only means to remedy the evils of the
Confederation.
Now, sir, what reflection must press itself on every
mind in contemplation of this facti The Articles of
Confederation proved total failure; because the States
had reserved TO themselves the right to nuif its Eacs
To remedy the evils resulting from the exercise ofths
power, the present Constitution adopted Is not the
inference inevitable that the power of State inter-
instrument fairly inferred from any of its provisions?
Without opening the Constitution without KNOWING an
OF its prnc Piles, not compelled infer that Il
provides against the very evil for which it was intended
asa remedy The men of that day, instead of being
l nl,raf ~. stus ILL.,.
been snitten with the most cgregious folly if they could
gravely devise means TO certain evil and at the
same time make provision for the future developement
and operation oil the same evil supposition Of that
kind, about men known TO be wise and prudent is i'm
possible There can be clause in the Constitutions
nor any lar inference which allows State, at her
will and pleasure TO make null void and of 40 force
any act which hasbecn sanctioned by tie branches
of the Legislature and signed by the Executive.
But, told, that the real difference between the
that the operated on and the other acts direct
ly on individuals without regard to State divisions. But
if the doctrine of Notification be admitted this differ
ence becomes merely imaginary IfCongrcss under the
Confederation, imposed taxes any State, they could
only be collected by the officers of that State under the
sanction of laws BY refusing her assent there
FORE the evies could not be made Under the Consti-
tuition, The same taxes imposed by Congress must be
collected from individuals by the Federal officers with
out regard TO State limitations But according to this
new doctrine, the State jnterpoSe NJ pleasure, and
rest the operation of the law within her borders In the
first case size might refuse curry the law into opera
ton MFO4Qh her officers; in the other she might
refuse to SBcr Il to he carrcd opeyatioR IN the
FcdcrGI officers. Would wise men trouble themselves
for triling advantage But let us look TO the
Constitution itself When the Constitution had been
drafted by the Convention 1T was laid before the States for
their reception rejection. Virginia, sovereign
State possessed Of free agency had in her power 20 say
whether she would take this new obligation on herself
whether she would insist the old one OF whether
she would refuse to bind herself the other States by
any obligations She had itn her power choose either
of these alternatives. She determined 10 accent the
present Constitution. We all know sir with what eau
tious dcbcraton this adopted In the Con-
n
time, extremely doubtful Serious objections were urged
by the abest aud eloquent statesmen Of the times
Finally, every obstacle removed, aud the Consti-
/ tuition adopted. Virginia appealing IN MC ScaTchoT
If Hearts for the purity CJ her Intentions. did assent
IN md ratify The present CONSTITUTIONS and did announce
al 1rL0H yig cOHceya, that o sqid Constitution IS
JintinQ on hcr peopie Whatever may be The obligations
of bat Constitution Virginia has placed herself in the
most solemn manner 20 be bound by them What then
is the Constitution What docs it say Of itself? Ask
the SAGE bis opinion oft, you pcasc search the records
and Learn Ccienp Vary cXp0si0n5 Of iaO To the Judge
who has exp1rndcd IT, laws the Statesman who he's
administered its provisions learn their opinions also;
but after all you must aud Judge for your
self The lights and the experience ofOhermen may en-
able you the better appre ciac s merits but they should
not be suffered 10 bias the judgment or prejudice the
feelings. The Constitution is short briefly expressed
in common language Ineligible 70 the paincst under
standing. No need mistake it, meaning. No man
mistake The most essential property Of all that is
a ConsftNiiOH If icagUc-HO CoHfcdrncU
q government. to be sure founded on the assent Of
States the government Of Virginia is founded the
assent Of indviduals-bu ia every respect possessing
the organs and functions ofsofexscncc selfoperotion
and sefpreservation-a government, limited TO certain
powers specifically defined but TO the extent Of those
those powers cannot be lawfully orcOnr0iled