The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-10-14

lne Jealousy eFlnceu Dy Inc sIial olatcs IN
/ struggling for their equal voice in the govern
ment, and by the Southern States In opposing
the power of regulating commerce, demanded
SO eagerly by New England, and of the imposi-
ton of traint upon their slave trade, engend-
cred in the convention spirit of patriotic OPP
position 10 central power, aud of determined
maintenance Of the rights OF the States. So
far was this result brought about, that in later
stage of these proceedings, Governor Morris, the
Corypheus Of cenlralism in the convention, re-
marked in tone of regret, that he feared "the
States had many representatives on that floor,
but America few" and that "he was in favor
OF another general convention, that will have the
! fr ness to provide rigorous government,
,ohich zoe are ajraid TO d." This was the Sc
cond err 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 i'm
portant trusts, the government of this Union
is federative, not national States not men, are
units in our federal system.
But the convention did more 1t engrafted
upon the Constitution mode of amendment
eninenty iederative. The compact is amenda-
BILE by the States, acting each for ITSELF and in
two respects can never be amended, except by
unanimous consent Art
Bnt still further: the existence Of a right in
each State to make treaties contracts, &c. des-
pite the general provisions and intent OF the
Constitution, ia 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. !, Sec 10 An exclu
syeness Of jurisdiction rs to ts soil is recog-
nized, (even though required for the common
defenceD through its State legislature. Art.
Sec. 8. Treason is recognized as an offence
in the calendar of State crime, and its definition
and punishment left with the State itself Art
A, Sec. 2
BY an express provision, the Constitution is
declared to be binding bet,ceen the States ratify-
ing it an expressio indicating most plainly moi
only its character of compact, but the continuing
of that compact after ratification. Art 7 This
provision is also unequivocally confirmed by the
10th amendment to the federal Constitutions
!. Tno other question proposed, as to the
ole of the action Of the convention, and for
whom, and by whom their action was ratified
may be answered in few words, and by conclr-
sive facts.
In the convention quorum was constituted
and all votes were taken not by members, but by
Staies. Jour. Of Con, 81
The Constitution was adopted in convention
as declar, d in its face by the unanimous con-
sent of the States present." and was signed by
their delegates as such Art T.
/, Gen. Hamilton, Mad Pap, 1889 introduced
proposition to submit the Constitution first 10
f Cong rsss for its approbltion; and if by it ap.
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 rejected; and it 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 az party to
the Constitution, either proximately or remotely,
the old Congress--the shade of that ideal SOW
ereignty-the people of the United States-and
thus did it base its establishment upon that
foundation upon which alone it can rest the
sovereign will and pleasure Of each State. Mad
Papers, HIT to 1855.
And thus was II ratified by each State for it.
self, and itself alone; no one OF them being
bound by it, except by virtue of their own sepa-
rate ratification. Art. 7
These several notifications will confirm to the
full the view which have taken. See Jour of
Fed Conven., 3l2 to 400 You will find that
} Massachusetts and New Hampshire ratified it ms
a compact; :" that most of the States expressly
affirmed the reservation of all powers not dele.
} gated TO the government; that one asser ed the
, sovereignty Of the States in terms, and that
three of them directly retained the right to re-
sumo the powers delegated in certain specified
eases.
; Time will only allow me particularly to refer
J to the declaration of Virginia in her convention,
that 4" IN The name and IN behalf of The people Of
{ Virginia" " The sal contention aSsenied Il and
ratified lts Constitution" and announce that Il
10 rs binding upon her people, according 10 a copy
! annersd TO her ratification Thus, by her own
tat and by that alone, was the Constitution
made binding upon citizen of Virginia. flct
established 10y the history of events W ich led to
its adoption, and thus attested By the seal of her
own ratification.
/, These facts would seem to be conclusive of
the questions under consideration. 1t is alleged
that they are contradicted by the preamble to
the Constituton-an allegation that is time
worm but may for that reason be the more Sc
curely fixed in public opinion,
The famous words, ave, the people of the
United States" in that preamble, have been
construed to prove one or the other of two con-
illusions; either that the Constitution was adopt.
ed by "the people of the United States as a
political unit, or that, however originally adopt
cd, it constitutes the States, formerly distinct
now and forever one people
Permit me briefly to examine these conclusions
seyerally. lf it was designed to express the
fact, that as one people, the peoI lie of the
United States adopted it, may remark that it
was contradcted by all the facts connected with
its adoption by the federal conventions by the
mode of ratification proposed by the decIara
ton that it was done by tho unanimous consent
Of the States presents and by the separate rad
6cati0n of each State, without which it was not
and could not be bound
Now the expression is in i'self equiyocal. Ii
may either mean the people of several States
united together, or what is contended for by
our opponents. The absence of the plural ter
minaton to the word people, cannot overcome
the former construction, as such termination is
nconsi stent with our language while the pres
ence Of it to the word States" eyinces clear
y, the action of many, rather than that of one
and If the preamble be equivooal, with hop
much greater force will be applied the principle
that the words of preamble can never contra
dict the lang Iage of the instrument, much less
the acts of the parties to il? And how much