Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1856-01-09

dence in the State o. Missouri, and New Meyic
is contiguous in this lne suggest the prooabilIt
that embarrassing questions OF jurisdiction ma
consequently arise. For these and other consld'
rations, | commend the subject 10 your early a
! tenlon.
| CONSTITUTIONAL THEORY OF THE GOVERNMENT
have thus passed in review the general stat
of the Union, including such particular concern
of the federal government. whether OF domestic
foreign relation, as it appeared to me desraol
and useful to bring to the special notice OF Con
rress. Unlike the great states OF Europe and
sla, and many of tiose of America, these Unite
States are wasting their strength neither IN toroIg
war nor domestic strife. Whatever of dsconten
or public dissatisfaction exists, Is attributable
the inperfections Of human nature, or is lnciden
to all governments, however perfect, which hu
man wisdom can devise. Such subjects Of politl
cal agitation &C occ&pg The Enblc mind, conslsf
10 great extent, ca c.aggsratiun OF ineVtaoi
evils, or over zeal ia social improvement, or mer
imagination of grievance, having but remote con
nexion with any of the constitutional functions
duties of the federal government. 10 whateVe
extent these questions exhibit tendency mena
cing to the stability Of the constitution, or the IN
tegrty of the Union, and no farther, they demant
the consideration of the Executive, aud require t
be presented by him to Congress.
Before the Thirteen Colonies became confed
GRAFTON of Independent States, they were assocla
ted only by community OF transatlantic origin, by
geographical position. and by tie mutual tie o
common dependence on Great Britain. When
that tie was sundered, they severa!ly assumed the
powers and rights OF absolute selfgovernnent.-
The municipal and social institutions OF each, Its
laws of property and CT personal relation, even It's
political organization, were such only as each one
chose to establish, wholly without interference
from any other In the language of the Declara-
ton of Independence, each State had "full power
to levy war, conclude peace, contract alliances,
establish commerce, and to do all other acts and
things which independent States may of right do p
The several colonies differed in climate, IN soil,
in natural productions, in religion, IN systems OF
education, in legislation, and in the forms OF po-
tlcal administration and they continued to dlf-
fer in these respects when they voluntarily allied
themselves, as States, to carry on the war OF the
revolution.
The object of that war was to dSenthral the
United Colonies from foreign rule, which had
proved to be oppressive, and to separate them per,
maneniIy from the mother country: the p1ltlcal
result was the foundation OF federal republic oil
the free white men of the colonies, constituted, as
they were, in distinct and reciprocally lndepen-
dent State governments. As for the subject races,
whether Indian or African, the wise cnd brave
statesmen of that day, being engaged In no ex-
travagant scheme of social change, lett them as
they were, and thus preserved themselves and
their posterity from the anarchy and the ever-re
curing civil wars which have prevailed IN other
revolutionized European colonies OF America.
When the confederated States found |. conVe-
nient to modify the conditions CT their association
by giving to the general government direct access,
in some RESI- poets, to the people OF the States, IN
stead of confning it to action On the States as
such, they proceeded to frame the existing constl
tuition, adhering steadily to one guiding thought,
which was, to delegate only such power as was
necessary and proper to the execution OF SPECIFIC
purposes, OF. in other words, to retain rs much as
possible. consistently with those purposes, CT the
independent powers of the ndiy dua! States. or
objects of common defence and security, they IN
trusted to the general government certain CAREFUL
" defined functions, leaving all others IS the un-
delegated rights of the separate independent soV-
erelgntles.
Such is the constitutional theory OF our govern
ment, the practical observance OF which mas car
ried us, and us alone, among modern Tepaei!cs'
through nearly three generations ct time "ithou9
the cost of one drop of blood shed IN cIvll Waf.-
With freedom and concert of action, 1t has ena
bled US to contend successfully on the battle heid
against foreign foes has elevated the feeble COLO
ries into powerful States, aud has raised our IN
dustral 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 lher oo'
jects, combining local self government with aggre.
gate strength, has established the Practlcaollty OF
government like ours to cover on,lnent with
confederate States.
The Congress of the United States is, in Ell
feet, that Congress of the soverelgntles, which
good men in the Old World have sought tor, but
could never attain and which imparts to Amerl-
ca an exemption from the mutual leagues tor com
mon action, from the wars, the mutual lnvasiens,
and vague aspirations after the balance OF po"e
which convulse, from time to time, the govern
ments of Europe. Our co operative action rests
in the conditions of permanent confederation pre-
scribed by the consultation. Our balance OF pow
er is in the seperate reserved rights OF the otates
and their equal representation In the oenate.-
That independent sovereignty in every one OF tne
States, with its reserved rights OF local sef-gov-
ment assured to each By their co-equa power IN
the Senate, was the fundamental condition OF the
constitution. Without it the Union would never
have existed. However desirOus the larger
States might be to re-organze the government SO
as to give to their population It's propoFtiona'e
weight in the common counsels, they knew IL was
impossible, unless they conceded to the smaiief
ones authority to exercise at least negative III
fuence on all the measures OF the government,
whether legislative or executive, through tnelr
dual representation in the Senate. Indeed, the
LARGER States themselves could not have tailed 10
perceive, that the same power was equally nee
essary to them, for the security OF their own 90
mestic interests against the aggregate ioice VI 1"G
general government. In word, the OH sihai
States went into this permanent league Oh 'he
greed premises, of exertlng their common strength
lur the defence of the whole, and OF all us Paf'S
but of utterly excluding all capaollity oi teciP'o-
cal aggression. Each soemniy oouhu psoN "
all the others, neither 10 undertake, nor Pe''nt
any encroachment upon, or lnterhedui'"s "''"'
another's reserved rights. ..,..
Where il was deemed expedient, particular
rights of the States were expressly guaranteed oy
the constitution but in all things besides, theSe
riobts were guarded by the limitation OF the pow
ers GRANTED and by express reservation of al pow
ers not granted, in the compact of union. mus
the great power of taxation was limited TO pu'po
ses OF common defence and general welfare, eS-
cluding objects apperlaining to the local iesls'a
tion of the several States; and those purposes U
general welfare and common defence were alteE
wards defined by specific enumeration, as ,a: Se,ns
matters only Of correlation between lne o.a.e'
themselves, or between them ana io'eisn sI'ean
ments, which, because OF thelr cp'hnon a,a eon
nraI n,tnre could not be left to the separate con
troll of each State. III. ;..o,ost
or the circumstances of local condition, ,lnteres'
and rrhts in which portion of the States, con
M s,i,u;5r one oreal section of the Union, dlfIefe'
from the rest, and from another section, the mus
imnorant @ was the popularity of larger rela'!S M
colored population in the southern than In III
a nonul,tion of this class, held in subjectoh