Eastern times., 1856-01-03

|
territory. who by its organic law possessing the
right to determine their own domestic institu-
tions, are entitled. while deporting themselves
peacefully, to the free exercise of it without in
reference on the part of the citizens of any Of
the states.
The southern boundary line Of this territory
has never been surveyed and established. The
rapidly extending settlements in that region.
and the fact that the main route between In
dependence, in the state Of Missouri. and New
Mexico. is contiguous to this hre, suggest the
probability that embarrassing questions Of jn-
risdiction may consequently arise. For these
and other considerations I commend the SUBJ
ject TO your early attention.
CONSTITUTIONAL THEORY OF GOVERNMENT.
have thus passed IN review the general
state Of the Union, including such particular
concerns of the federal government, whether
of domestic or foreign relations, as it appeared
to me desirable and useful to bring to the spe-
cial notice of Congress.
Unlike the great states Of Europe and Asia,
and many of those Of America, these United
States are wasting their strength neither in
foreign war nor domestic strife. Whatever of
discomfort, or public dissatisfaction exists, is
attributable to the imperfections of human ma
ture, or is incident to all governments, howev
er perfect, which human wisdom can devise
Such subjects Of political agitation as occupy
the public mind consist, to great extent, of
exaggeration, of inevitable evils, or over zeal
in the social improvement, or mere imagination
of grievance, having but remote connection
with any of the constitutional functions, or du-
ties, Of the federal government. To whatever
extent these questions exhibit tendency men,
acing to the stability of the constitu ton,
the integrity of the Union and no farther,
they demand the consideration of the executive
AMI require to be presented by him to con-
gress. Before the thirteen colonies became
confederation ofindependent states, they were
associated only by community of trans-Atlan-
tic origin, by geographical position, and by
the mutual tie of common dependence on
Great Britain. When that tie was sundered,
they severally assumed the powers and rights
of absolute selfgovernment, municipal and
social institutions OF each, Its laws of propriety
and personal relation, even its political organ
ization was such only as each one chose to es-
tabllsh, wholly without interference from any
other. In the language of the Declaration Of
Independence, each state had full power to le-
Wy and conclude peace, contract alliances, es
tablsh commerce, and do all other acts and
things which independent states may of right
do. The several colonies, different in climate,
in soil, in natural productions, in religion, i'll
systems of education, in legislation, and III the
fl rms of political administration, and they
continued TO differ in these respects. When
they voluntarily allied themselves as states to
carry on the war of the revolution, the OBJ
ject of that war was to disenthrall the united
colonies from foreign rule, which had proved
to he oppressive, and to separate them pe-ma-
nently from the mother country The polti
Ia Al. f..I..
pubic, of the free white men of the colonies,
constituted as they were in distinct and recip-
rocally independent state governments. As
for the subject races, whether Indian or AFR
can, the wise and brave statesmen of that day
being engaged in no extravagant scheme of so
cal change left them as they were, and thus
preserved themselves and their posterity fIom
the anarchy and the ever recurring civil wars
which have prevailed in other revolutonized
European colonies of America. When the
confederation of states found it convenient to
modify the conditions OF their association by
giving to the general government ,iirtc access
in some respects to the people OF the states in
stead of cohfning it to the action of the states,
as such, they proceeded to frame the existing
constitution, adherlng steadily to one guiding
thought which was to delegate only such power
as was necessary and proper to the execution
of specific purposes, or in other words, to re-
tain as much as possible consistently with those
purposes OF the independent powers of the in
divldual states. For objects of common de-
fence and security, they entrusted to the gen.
eral government certain carefully defined func-
tions, leaving all others as the undelegated
| rights of the separate indedendeIt sovereign
| ties.
Such i, the constitutional theory of our gov
ernment, the practical observance of which
has carrie us, and US alone, among modern re-
publics, through nearly three generations of
time, without the cost of one drop of blood
shed in civil war. This freedom and concer.
of action has enabled us to contend successful
ly on the battle field against foreign foes, has
elevated the feeble colonies INTO powerful states,
and has raised our industrial productions and
our commerce, which transports them TO the
level of the richest and the greatest nations of
Europe, and the admirable adaptation of our
political institutions to their objects, combining
local self-government with aggregate strength,
has established the practicabilIty of govern
ment like ours to cover continent with con-
federate states.
The congress of the United States, is in eff
feet, that congress of sovereignties which good
men in the old world have sought, but could
never attain, and which imparts to America an
exemption from the immutable leagues for
common action; from the wars, the mutual in
vasions, and vague aspirations, after the bal
ance OF power which convulsed, from time to
time, the governments of Europe Our CO.
operative action rests in the conditions of per-
manent confederation, preceded by the con-
stitution. Our balance of power is the scpa-
rate reserved rights of the states and their
equal representation in the senate. That in
dependent sovereignty of the states rests with
It's reserved rights of local, self-government,
assured tc each by their coequal power in the
senate was the fundamental condition of the
constitution. Without it the Union would
never have existed. However desrous the
larger states might be to reorganize the gov
ernment, so as to give their population Its pro-
portIonate weight in the common counsels, they
knew it was impossible, unless they conceded
to the smaller ones authority 10 exercise at
least negative influence on all the measures
of the government, whether legislative or ex-
ecutive, through their equal representation in
the senate.
Indeed. the largest states themselves could
not have failed to perceive that the same pow
er was equally necessary to them for the secu-
rity of their own domestic interests against the
aggregate force of the general government
In word the original states went irto this per-
al, a