Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-04-24
VIRGINIA nousE or DELEeArEs.

CItme-DelNcrcd on tnc <otho OF tebruafy, 1871.
Mr. CHOPPER said:
This subject has been so ably and fully di,
cussed by my colleague and the gentleman fror
Fauquier, that feel reluctant in participating in II
nor would 4! do so, but for the deep interes, my con
stituents fee. IN all questions relating to commerce
and especially in the bill now before the House.
Before | proceed with the discussion Of this ques
ton, I beg leave to notice the remarks of my ffien,
from Albermsrle. The first speech | ever had IN
pleasure of hearing from that gentleman, was at III
commencement of this Session, in which he pcofes
sed to be n Jefsrsonian Republican. You can i'm
agine, then, my surprise when he declared that h
believed there were some gentlemen who had nc
tually pursuaded themselves the States were SOW
ereign." For his part he held that the Genera
Government was sovereign, the States having b,
the Constitution, parted with their sovereignty anC
vested il in the Federal Government. If his is tn,
doctrine OF MIR Jefferson, | confess that | am incom
peteot to construe the plainest and most simple o.
his writings. | must beg leave to differ with The gen
tlcmsn, and dissent from such n doctrine. | hay,
been taught to believe that sovereignty does not re
side either in the State or Federal Governments; bu
thlt this sovereign power is in the people of IN,
United States respectively, and not in the people o
the u. States col ectIyely. The Government OF IN,
United States is the agent through whom a portion
OF the sovereign power IS exerted, possessing nc
sovereignty itself, and exercising no power, except
such as the States, who are the constituents OF thc
Federal Government, have conferred upon it. The
Federal Government IS no party TO the compact; the
States alone are parties to 1t. II the exercise by the
'thcGdl ooNGtuincul, Which - bnc mere Creature
Of the Sta esq Of delegated powers, divests the States
OF their sovereignty, and vests il in the General Gov.
eminent, II would be q consolidated Government
and not a confederacy. know that in other coun.
tries sovereignty and legislation are held to be con-
vertble terms; but | had supposed that in Virginia
at least, that doctrine had long since been repudia-
ted. He NJ Coes) says there is class of politi-
clans who have been so long IN the habit of speak
ing OF the States as sovereisns, that he believes they
realty begin to think they are so in fact. To that
class | do and have always belonged, and had hop.
ed that coming from the old Republican county Of
ALTERNATE, he too was \ disciple of Jcfsrson. MIR
Speaker, there is another class Of politicians in this
State, who are always, by the most strained and
littudinous construction of the Constitution, in.
c'elsins the power Of the Federal Government, and
a%bridging the rights Of the States They believe
the Federal Government is supreme, and their acts,
whether constitutional or unconstitutional, are bind
ing 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 aoqniesee IN whatever they may
do, then Is this, TO all Intents ana purposes, n con-
soIdated Government. To that class Of politicians.
lneyer have belonged, nor do ever intend 10 be-
long. IL IS too much the habit at this day to lose
sight Of the distinction between the State and Fed
eral Constitution. There is, sir, a material differ.
ence; by the State Constitution every power :
granted, wAIch IS not denied in the Federal Consti.
tuition, while IN the latter every power is denied
which IS no expressly granted or absolutely neces-
sary TO carry into fleet the granted powers. Let II
always be borne in mind, that this is a government,
of limited powers; a elnfederacy and not a unit; a
community Of independent sovereisns, possessing
all the rights and powers pertaining 10 sovereignty.
Throughout this whole discussion, gentlemen seem
TO have lost sight Of the intention and obiec, in form
iug this Union, and in framing the Federal Consti-
tuition; they seem TO think that the protection and
security OF private property, vas one of the objects
OF the formation of the Union, and is a legitimate
power of the Federal Government Let me call 10
the attention Of gsntemen, the preamble TO the
Constitution. What is III ave, the people of
The UnIt-d States, in order 10 form a more perfect
UNION, establish justice, ensure domestic tranquility,
provide iOi the common defence, promote the gem
eral welfare, and secure the blessing OF liberty 20
ourselves and our pOSterity, do ordaIn and establish
this Constitution of America" Ii was not formed
for the protection of private property; for before the
form ition Of the Constitution, all our rights were
perfectly secured; life, liberty and property were
protected by the Governmentand laws oil lhe States,
None oil our evil rights are secured by the Consu.
tuition of the United States, nor was il even intended
TO trust Congress with that power, the States being
more properly the guardians of the rights of their
citizens. To use The language Of one of the ablest
men IN this Union, "you may strike the Federal
Government from existence, and so far as our civil
rights are concerned, II would not be known You
may depcedate on your neighbours property, YOU
may trample his rights under foot, you NAV muir
der him and his family, and the General Govern
ment can pass no law 10 punish you; and but for
the laws of your State, you would 90 acquitted.
Sir, the States alone are to be looked to for the pro.
lection OF our property. This eternal looking TO
the General Government, as The fountain and source
from whence to derive any power, is an error, | fear
too common, even amongst some who profess 10 be
Btale-rights men. The powers Of the Federal Gov
eminent, are indeed fearful enough, even with the
striciesT construction ofthe CONSTITUTIONS; and alarm
Ingly so, II the Federal construction heretofore con.
tended for should be again revived.
One of the clauses in the Constitution, on which
gentlemen seem most to rely, 10 prove that this
bill IS unconstitutional, IS that which says, Con
Gfess shall have power TO regulate commerce with
foreign nations, and among the several States, and
with the Indian tribes"
What is the meaning of this clause in the
Constitution? Does II mean that Congress
shall so regulate commerce, as TO proven, hose
engaged in 1t from violating the laws Of the States.
To regulate commerce does not mean so 10 regulate
rs to protect private property, Out to make such
regulations as are necessary to facilitate and aid the
commercial Intercourse between foreign countries
and between the States, 10y granting license, by
which vessels are authorised to trade between the
States without being compelled TO enter or clear al
the cnstom house, unless they have on board foreign
products amounting 10 a given sum, &c. There are
many other regulations of commerce some Of which
i will mention. All vessels engaged in foreign
commerce must he registered, and compelled to en-
ter and clear. the crew must sign articles of agree.
ment, a portion of the crew must be American clti-
zens, &c But 1t will he perceived that oil their
regulations are made with a view, either to facilitate
commerce, or TO aid the collector Of the revenue. Al
this time, no law regulating commerce has the least,
nNltIAtOh vi ltldliJu " ltt pfOteCLlOn OF property.
THIS power TO regulate commerce would be better
understood, Il applied, as my colleague has Justly
Observed, TO navigation.
The opponents Of this bill have argued il. as n il
proposed 70 regulate commerce in such a manner "a
20 be entirely repugnant to the existing regulations
by Congress. But is il so7 What does il nto
pOsei /: proposes that vessels coming INTO our
waters, belonging to, or ~navigited by a citizen Of
New York, trading to any port. in that State. sbsl.
he inspected before departing out Of our waters. 10
see that she does not carry away our slaves, and
thata small Zee for inspection shall be paid BY the
sud vessel, barely sufficient to compensate the in.
spector. Another provision is that the captain shall
either give bond and security not 10 carry away
slaves, or ~iugiuyesi or he may surrender his papers
SO the Inspector until he IS ready to departs: or he
may Keep the inspector on board during his STAY Al
out trHing expense, so he is subjected To but little
Inconvenience or charge. Some Of the ablest iurists
inthis country, whose decisions my colleags has
referred 10, have decided that the General Govern
ment and IA State may have and exercise Concurrent
legislation, when the action Of the State IL not TO-
pugnant 10 that Of the General Government n,
when both can stand together. grant the Stats
has not the power 10 pass laws repugnant 20, or do.
s~iructlve Of the commercial regulations Of the Gen
oml Government. ] have shown that this bill is no
Of This character.
But ] need not have referred 10 judicial decision
eloae TO sustain the power. f. has been exercise,
by almost every State IN tho Union. Pof instance
every maritime State IN the Union, has psssed an,
no" have on their statute books, quarantine lavr
Fot what are they possed, bat Tor the protection
"a $500 N A.