people of America, I can say, notwithstanding what
the honorable gentleman has alleged, that this government
is not completely consolidated; nor is it entirely
federal. Who are the parties to it? The
people—not the people as composing one
great body, but the people as composing thirteen sovereignties.
Were it, as the gentleman asserts, a consolidated
government, the assent of a majority of the people
would be sufficient for its establishment, and as
a majority have adopted it already, the remaining States
would be bound by the act of the majority, even if
they unanimously reprobated it. Were it such
a government as is suggested, it would be now binding
on the people of this State, without having had the
privilege of deliberating upon it; but, sir, no State
is bound by it, as it is, without its own consent.
Should all the States adopt it, it will be then a government
established by the thirteen States of America, not
through the intervention of the legislatures, but
by the people at large. In this particular respect,
the distinction between the existing and proposed
governments is very material. The existing system
has been derived from the dependent, derivative authority
of the legislatures of the States; whereas this is
derived from the superior power of the people.
If we look at the manner in which alterations are
to be made in it, the same idea is in some degree
attended to. By the new system, a majority of
the States cannot introduce amendments; nor are all
the States required for that purpose; three fourths
of them must concur in alterations; in this there
is a departure from the federal idea. The members
to the national House of Representatives are to be
chosen by the people at large, in proportion to the
numbers in the respective districts. When we come
to the Senate, its members are elected by the States
in their equal and political capacity; but had the
government been completely consolidated, the Senate
would have been chosen by the people, in their individual
capacity, in the same manner as the members of the
other house. Thus it is of complicated nature,
and this complication, I trust, will be found to exclude
the evils of absolute consolidation, as well as of
a mere confederacy. If Virginia were separated
from all the States, her power and authority would
extend to all cases; in like manner, were all powers
vested in the general government, it would be a consolidated
government; but the powers of the federal government
are enumerated; it can only operate in certain cases:
it has legislative powers on defined and limited objects,
beyond which it cannot extend its jurisdiction.