The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-09-28

now live. Thus it will be seen that the
dividing line between Federal and Local
authority, in respect to the rights of those
political communities which, for the sake
of convenience and in contradistinction to
the States represented in Congress we
now call territories, but which were then
known as ".States," or "ne,o States" was
so distinctly marked at that day that
no intelligent man could fail to perceive
it.
1t is true that the government of the
Confederation had proved totally made
quate TO the fulflment of the ends for
which it was devised; rot because of the
relations between the Territories, or new
States, and the United States, but in con-
sequence of having no power to enforce
its DEGREES on the Federal questions
which were clearly within the scope of its
expressly delegated powers. The radical
defects in the Articles of Confederation
were found to consist in the fact that it
was mere league between sovereign
States, and not Federal Government
with its appropriate departments-Exe-
cutive, Legislative, and Judicial-each
clothed with authority to perform and
carry into sffect its own peculiar func-
tions. The Confederation having no
power to enforce compliance with its re-
solves, "the consequence was, that though
in theory the Resolutions of Congress
were equivalent to laws, yet in practice
they were found to be mere recommends
tions, which the States, like other sover.
eighties, observed or disregarded accord
ing to their own goodwill and gracious
pleasure" Congress conld not impose
duties, collect taxes, raise armies. or do
any other act essential to the existence OF
government, without the voluntary con-
sent and cooperation of each of the
States. Congress could resolve, but
could not carry its resolutions into effect
could recommend to the States to pro-
vide revenue for the necessities of the
Federal government but could not use
I the means necessary to the collection of
the revenue when the States failed to
compy-could recommend to the States
to provide an army for the general de-
fence, and appOrtion among the States
their respective quotas, but could not en-
list the men and order them into the
Federal service. For these reasons q
Federal Government, with its appropriate
departments, acting directly upon the in.
dividnal citizens, with authority to en-
force its DEGREES to the extent of it's dele.
gated powers, and not dependent upor
the voluntary ac'ion of the several States
in their corporate capacity, became indis
pensable as substitute for the govern
ment of the Confederation.
In the formation of the Constitution of tn,
United States the Federal Convention tool
the British Constitution, as interpreted anc
expounded by the colonies during their con
troversy with Great Britain, for their model
making such notifications in its structure ant
principles as the change in our condition hat
rendered necessary. They intrusted the ex
ecutive functions to President in place of
/ King; the Legislative functions to a Congre
composed of Senate and House of Repre-
sentatives, in lieu of the Parliament consist
ing of a House of Lords and Commons; AM
: the Judicial functions to a Supreme Court an,
!, such inferior Courts as Congress should frou
+. Having thus divided the powers of gov ern
' ment into the three appropriate departments
with which they had always been familiar
q they proceeded to confer upon the Fedora
f government substantially the same power
4 which they as colonies had been willing t
= concede to the British Government, and to re
serve to the States and to the people tn
q same rights and privileges which they as colo
= MES had denied to the British Governmer
during the entire struggle which terminate
. in our Independence, and which they ha
; claimed for themselves and their posterity a
: the birth-right of all freemen, inalienabl
D when organized into political communitie
and to be enjoyed and exercised by Colonies
Territories, and Provinces as fully and con
pletely as by sovereign States. Thus it wi
u be seen that there is no organic feature Q
II fundamental principle embodiedin the Coz
+ stitution of the United states which had nc
:. been familiar to the people of the Colonie
= = from the period of their earliest settlement
and which had not been repeatedly asssrte
q by them when denied by Great Britain durin
Il the whole period of their Colonial history.
n Let us pause at this point for a moment, an
inquire whether it be Just to those ilustriou
- patriots and sages who formed the Constitr
e ton of the United States, to assume that the
D. intended to confer upon Congress that unlin
!. tied and arbitrary power over the people ,
the American Territories, which they ha
= resisted with their blood when claimed by tn
lr British Parliament over British Colonies
}. America? Did they confer upon Congress I'll
IA right to bind the people of the American Te
:. ritories in all cases whatsoever, after hasir
y fought the battles of the Revolution against
lr "preamble" declaring the right of Parliamel
Of "to bind the Colonies in all cases whats
N ever ?'
If, as they contended before the Revolution
it was the birth-right of all Englishmen, il
% alienable when formed into political comml
o, mites, to exercise exclusive power of legisI
!. ton in their local legislatures in respect to
4 things affecting their internal polity-slavel
- not excepted-did not the same right, after IL
g Revolution, and by virtue of it, become IL
IS birth-right of all Americans, in like mann
J. inalienable when organized into political cor
h munities-no matter by what name, whetht
= Colonies, Terrific ries, Provinces, or new State
70 Names often deceive persons in respect
e the nature and substance of things. A sign
a instance of this kind is to be found in tn
clause of the Constitution which says:
., "Congress shall have power to dispose
q and make all needful rules and regulation