Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-05-18
GENERAL ASSEMBLY OF VIRGINIA.


mission Of any Crimc- Deiirered in the House Of
Delegates of Tircna, on the 26h Of february 1871.
Mr.. CHOPPER suid This subject has been SO
ably and fully discussed by my colleague and the gen.
tleman from Fauquer that feel reluctant in parcI-
pung in it, nor would do SO, but for the deep inter-
est my constituents feel in all questions relating TO
commerce, and especially in the bill now before the
House.
Before proceed with the discussion Of this ques
ton, beg leave to notice the remarks of my friend
from Albemarle The first speech ever had the plea
sure of hearing from that gentleman was at the com
mencement Of this session, in which he professed TO
be Jeffersonian Republican. You can imagine then
my surprise when he declared that he believed "there
were some gentlemen who had actually persuaded
themselves The States were sovereign FOR his
part, he held that the General Government was
soveregn, the States having, by the Constitution,
parted with their sovereignty and vested it in the
Federal Government Ii this is the doctrine OF Mr.
Jefferson, confess that am incompetent to construe
The painest and most simple Of his writings must
beg leave TO differ with the gentleman, and dissent
from such doctrine. | have been taught TO believe
that sovereignty does not reside either IN the State or
Federal Government, but that this sovereign power is
in the people of the States respectively, and not IN the
people of the United States collectively The Govern.
ment Of the United States is the agent through whom
portion of the sovereign power exerted, possess
ing no sovereignty ITSELF and exercising no power cx-
cept such The States who the constituents OF the
Federal Government, have conferred upon It, The e.
deral Government is no party TO the compact the
States alone parties TO IT, If the exercise by The
General Government, (Which is the mere creature
Of the Sates) Of delegated powers, dlvess the states
of their sovereignty, and vests it in the General TO-
vernment, it would be consolidated Government and
not conlederacy. | know that in other countries
i1nty and legislation held to be convertible
terms but had supposed that in Virginia, at least
that doctrine had long since been repudiatcd. lie
(Hr. Coes) says there is class of politicians, who
hama ybo ,oht IF ppkI n a q
States sovereigns, that he believed they really be-
gin to think they are so in fact. To that class DO
and have always belonged aud had hoped that, coming
from the old Republican county OF Albemarle, ne TOO
was a disciple Of Jefferson. MIR. Speaker there IS
another class of politicians in this State, who nre al
ways, by the most strained and lali.udinous consruc
ton of the Constitution, increasing the power OF the
Federal Government, and abridgng the rights OF the
States They believe the Federal Government is su-
preme and their acts, whether constitutional or I'M
constitutional, binding and obligatory upon the
States
Put. SIR. this construction upon the Constitution
make Congress the Judge Of their own powers, and the
States bound to acquiesce in whatever they may do,
then is this 10 all intents and purposes, consolidated
Government To that class OF politicians, never
have belonged nor do ever intend 10 belong II
is too much the habit at this day TO lose sight of the dis
tnction between the State and Federal Constitution.
There is Sir a material difference By the State Con,
sttution every power granted, which IS not denied,
while in the latter every power is denied which IS not
expressly granted absolutely necessary TO carry INTO
effect the granted powers Let It always be born IN
mind that this is Government of limited powers; a
confed.racy and not a unit community of independ-
emf soverepns possessing all the rights and powers per-
tanning to sovereignty Throughout this whole discus
SION gentlemen seem to have lost sight oil the inten-
,on and object in forming this Union, and in framing
the Federal Constitution; they seem TO think that the
protection aud security Of private property was one
-, a., Earn afinp pF no
a legitimate power Of the Federal Government let
me call to the attention Of gentlemen, the preamble
n The Constitution What is il, eve, the people
of the United States in order 10 form more perfect
union establish justice, ensure domestic tranquily'
provide for the common defence, promote tne ge-
neral welfare and secure the blessings OF liberty 70
ourselves and our posterty, do ordan and establish
this Constitution Of America. 1t was not formed Tor
the protection Of private property; Tor, before the ior
nation of the Constitution, all our rights were per-
.cty secured; life, liberty and properly were project
Cd Nv the Government and laws of the States. None
or our civil rights are secured BY the Constitution OF
The H. s. nor was il even intended TO trust Congress
with that power; the States being more properly tue
Guardians of the rights of their citizens use the
LANGUAGE Of one Of the abest men IN tins Union, you
NAV strike the Federal from ana
SO far as civil rights are concerned, woulu NOT oe
known" You may depredate on your neighoor pro-
ner,v YOU may trample his rights under oot you may
murder him and his family, and the General Govern
ment can pass law punish yon; ana out LOT lne
laws of your State, you would 60 acquitted. or Me
States alone are to be looked to for protection oil our
nonor,v This eternal looking to the General Govern
pt a. The fountain and from whence to derive
,nv mower. is an error, fear too common, even
anon nst some who profess to be State Rights men
The movers of the Federal Government are indeed
fearful enough even with the srIcest construction 0,
the Constitution; and alarmlngy so, II me feaerai
oons,rnc,;on heretofore commended for should be again
revived. hal, o
C,oe nc The clauses in the Constitution, on which gen.
omen seem most TO rey 10 prove that this bill IS un,
CONSTITUTIONAL is that which says, congress shaii
have mower to regulate commerce with foreisn ma
lions and among the several States, and win ihe IN
dian tribes ~. ,,.,:,
VIVA, the meaning Of this clause in the Consttu-
lion, Does it mean that Congress shall so regulate
commerce. as to prevent those engageo III u from VIZ
,,;ng The laws of the States. To regulate commerce
ds not mean so to regulate as to protect private pro-
nertv but TO make such regulations as uie ".ey
10 facilitate and aid the commercial intercourse ue
toon foreign countries and between the olates' ny
,.ni;na licenses by which vessels are authorised 10
- hstwee the States without being compelled 10
ar clear at the custom house, unless lhey nave on
ho,rd forcirn products amounting to gwen sum-
e. There are many other regulations of commerce,
.omc of which will mention. All vessels engages
- c,ean commerce must be registered; and con'Peii
cd 10 enter and clear, the crew must sign articles
portion of the crew must oe A'e' 10:
citizens &c But it will be perceived mat sil
regua,ions are made with view, either 10 facilitate
onmmerce or 10 aid in The collection ofthe revenue
At this lime no law regulating commerce has Inc leas'
nnlicaton or relation 10 the protection OF
This power to regulate commerce would be better un
derstood fapplied my colleague justly Observed
TO navigation. ), 80 r. il
The Opponents of this bill have argued H. as :. ~
proposed to regulate commerce IN sasn mutations a"s
10 be entirely repugnant TO the existing regulations
by Congress: But is it 500 What does :. pro.
that vessels '9 1Y citizen nse 9 Of New
York, trading to any port in that State, shail oe
departing out CT our sv sa' end that
small fee for inspection Shall be paid by the sad
barely to compensate the sse bond
Fscurity not 10 carry away slaves. or fugtves; or ne
hi, papers to 5.s hs h e'ss on board
dnr;oa his stay at but trifng expense SO he is SUD-
but e or w Iesss "S
onsague has referred to- have decided that the Gene
raj and State may o SId be sss
.o,urn,nt n that of the General Government, or