The southern press., 1851-10-15

in connection with the proceedings of the con-
vention.
| 1t was early proposed "to revise and amend
the articles of confederation, 80 as to render the
government adequate to the purposes Of the
Union."2 Jor r. of Fed. Con-, 90, 1881 But Il
is obvious to the attentive reader of the debates
OF the convention, that in the beginning of it's
conversations the tendency to powerful CEN
.raism was very strong This was the first era
70 sheir deliberations. During this era, You will
ana proposition made to give the national
power to negative all laws passed by The States:
10. l32, l36 proposition adopted at one time
IN committee OF the whole: another. "a cali.
forth the force Of the Union against State n
certain cases: Id. 6S. another, to give the an.
poiDtment ofgovernors of the States "a the gep
eral government, and allowing them 4 ,,eustIva
in all laws about to be passed by the State.
denying TO State any land or naval forces ard
giving the whole and exclusive direction or tba
State militia force to the United States, with the
appointment of MI its officers; and to vest r.
the government Of the Uni,ed States power to
pass all laws whatsoever. Mad. Pap, 800, 1, al
But by those rrovidential adjustments Of en-
culnstances, sometimes called fortunate. tbesa
propositions, fraught with all the direfol evil
of consolidation, We're defeated Each and ali
by strong and decided votes Of disapprobation'
except that which related To the use of fo,ca
against State, which was indefinitely nn.t.
poned upon motion of Mr. Madison, for reasnrs
hereafter referred to. y 49, H
\ The jealousy evineed by the small States i,
struggling for their equal voice in the govern
ment, and by the Southern States in opposino
the power Of regulating commerce, demanded
SO eagerly by New England, and of the jmposi.
ton OF res trant upon their slave trade, engend.
cred IN the convention spirit of patriotic 'op-
posiuon 70 central power, and Of determined
maintenance OF the rights of the States. SO
far was this result brought about, that in later
stage Of these proceedings, Governor NJ orris. The
Corypheus Of centralism in the convention 70.
marked in tone of regret, that he feared .the
States had many representatives on that floor.
but America few" and that she was in favor
OF another general convention, that will have the
hr ness to provide a rigorous g0rern,nen,
Uhich zoe are afraid to do" This Was the se.
cond era in the history of the convention.
This spirit it was which impressed upon every
lineament OF the government the seal Of State
sovereignty: for, repeat, in every department
and every branch Of every department, and in
the administration OF its highest and most inn.
portant trusts, the government of this Union
is federatlve, not national States not men, are
units ia. our federal system, 1'7sS-
But the convention did more II enoraftsd
upon the Constitution mode of amendment
eminently federative. The compact Is ame,da-
BILE by the States, acting each for itself: and n
two respects can never be amended, except bv
unanimous consent. Art s. ilF'ls
But still further: the existence of a ripht In
each State to make treaties, contracts, &c. des.
plte the general provisions and intent OF the
Constitution, is distinctly recognized by the i'm
position Of an express restriction upon them.
which is itself in form the stipulation of com.
pact binding upon the conscience and good faith
OF the parties. Art. l, Sec. 10 An exclu.
sveness OF Jurisdiction as to its soil is recoo
nized, (even though required for the common
defenceO through its State legislature. [Art.I,
Sec. O. Treason ia recognized as an offence
IN the calendar OF State crime and its definition
and punishment left with the State itself tart.
4, Sec. q
BY an express provision, the Constitution Is
declared to be binding betDeen the States ratify-
ing Il; an expression indicating most plainly not
only its character of compact, but the continuing
OF thlt compact after ratification. Tan. II This
provision 10 also unequivocally confirmed bv the
10th amendment to the federal Coustitution.
2. Tee other question proposed, as to the
mode Of the action of the convention, and for
whom, and by whom their action was ratified.
may be answered in few words, and by conclu-
sive facts.
In the convention a quorum was constituted,
and all votes were taken, not by members, but by
States. Jour. ct Con, So
The Constitution was adopted in convention.
as declared in its face, by the unanimous con-
sent Ct the States present." and was signed by
their delegates as such. Art 4
Gen. Hamilton, Mad. Pap, 1888, introduced
a proposition TO submit tie Constitution first 10
Congrsss, for its appreciation; and IL by IL an
proved, to be then submitted to each State In
convention assembled, and providing that the
ratification by such convention should make the
Constitution binding upon its State. Because
Of its making the establishment Of the Consti-
tuition dependent at all upon Congress, the propo-
sition was fejected; and il was thus only made
TO depend upon the separate ratification Of each
State for itself Thus, by decisive action did
the convention refuse to recognize as party 10
the Constitution, either proximateIy or remotely.
the old Congress-the shade Of that ideal SOW
ereignty-the people of the United Stales-and
thus did il base its establishment upon that
foundation upon which alone il can rest, the
sovereign will and pleasure Of each State Mad.
Papers, ll77 TO 1855
And thus was il raiIfed by each State for It.
self, and itself alone no one Of them being
bound BY il, except by virtue Of their own sepa-
rate ratification. tArt.71
These several notifications will confirm 10 The
full the view which have taken [See Jour. Of
Fed. Conven., 3l2 to 402.] You will find that
Massachusetts and New Hampshire ratified L as
a compact; !" that most Of the States expressly
affirmed the reservation Of all powers not dele.
gated to the government; that one asserted the
sovereignty of the States in terms, and that
three Of them directly retained the right 70 re-
sums the powers delegated in certain specified
cases.
Time will only allow me particularly to refer
to the declaration Of Virginia in her convention,
that IN The name and in behaB of The people of
Virginia" The sail convention assenfed Il, and
ratified The Constitution" and announce ihaia
aoas binding upon her people, according 10 copy
annefed" to her ratification. Thus, by her own
fiat, and by that. alone, was the Consultation
made binding upon citizen of Virginia; a fact
established by the history Of events which led TO
its adoption and thus attested by the seal Of her
own ratification.