Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1860-07-05

dome Itself was yet 70 be constructed anu inc
pillars brought together, and placed in their
appropriate positions beneath IL IN other
words, the great idea Of self government al
though truly conceived, fully expressed, au-
thoriiatively declared, aud tr%iumphantly vim
Dictated had not yet been conatitutionally en-.
bodied and hence they were as yet neither q
people nor a nntloni they had "a yet no gov
ernment and did not constitute a State. The
political elements were ne yet IN q state OF
chaos, needing the exercise of the plastic
power Of the genius Of self government, 70
give them their appropriate form, TO arrange
them in their due order, TO bind them together
n one organic whole, and thus constitute a
State. fol
This was 10 be accomplished by the adop-
iion Of the Federal Constitution. Nor was
this an easy task. On the contrary, Il was en-
comprised with great difficulties and required
tho most profound wisdom, and tho most do
voted patriotism To achieve II successfully
The problem 10 be solved was, how 10 blend
the indopendon, State soyoroigniies, in ono
United States sovereignty tremendously aud
safely. One question 20 be answered was,
how much power must be delegated to the gen
crnl government in order TO be sufficient TO
secure the common veal and be adequate 10
the common defense, and yet not infringe on
the rights Of the independent States. An
ohcr question was, how to balance the powers
thus delegated 10 the general government, the
legislative, judicial and executive, so MS to
act consistently with each other without cha
fng, harmoniously without interference, ns
mutual checks to each other, and rs mutual
to the whole fabric of the State.
They had no example in all history after
..l.at A.. ...l.l w.. I.....u ,ltunY,a
and republics, Of both ancient and mod
ern times, we're in adequate to meet
their wants. The experiment OF n mere CON
federation had been tried by them and found
wanting. IL was entirely incapable either TO
constitute them one people, to maintain
tho public credit, 90 provide for the
common defence, or TO promote their a%ssociat.
ed interests The battle Of independence
was won under the motto, " Liberty or death "
The confederation had been formed under the
motto n Pipribus Unum, but each of the
ones, was afraid Of the strength Of the bond
which would unite IL to the many and hence
the bond was made so weak that il could not
hold them together as one people, and the
necessity became imperative to originate and
adopt another motto, even that Of Union or
Death. Jefferson was the author Of the
Declaration, Washington the hero Of the war.
Madison the champion of the Constitution
and the Union. He clearly saw the i%uadequa.
cy of the confederation, aud fully domonstra-
ted il by his words and with his pen, He con
oeived the idea Of Convention for the fran.
ing of n Constitution. AZ his suggestion the
first one called for this purpose met ut Anna
polls, and ut which but five States were repres.
cnted lie drew up the report Of their deli.
berntions and recommended that another
should be called TO meet in Philadelphia, and
To which NIL the States were invited to send
Delegates, His master-mind was the control
ling one in that convention of giants, which
after four months of dcliberntion framed and
adopted the Constitution Of the United States.
His hand revised it's style and arranged It's ar
%ticles, and with the last impress Of the touches
of his wisdom and genius, il was submitted
to the Congress Of the Confederation for their
approvaland recommendation TO the people of
the several States for their adoption,
Thus inr the battle Of the Constitution and
the Union had been successful, and It's cham
pions had borne the laurels from every field,
but the final and decisive battle of its adopt
ion was yet TO be fought, and lost or gained
Opposition to IL wns ut once aroused, its
enemies multiplied, and the attacks upon it
were incessant from all quarters. This result.
ed from the general dread of an overshadow-
ing central government, and the great dcver-
sity existing among them. These arose from
their differences in birth, culture, education
and habits, and in their social, domestic and
religious institutions.
But the hero Of the Constitution and the
Union took the field again, and calling to his
MD, Hamilton and jay, he poured upon the enc.
my such an inccssant fire from the battery OF
the Federnlist in New York, that seven of the
States soon surrendered and adopted the Con,
s%titution. Two more needed to constitute tho
requisite number. The Convention Of Vir.
ginia met at last During its session another
State adopted il, and the fate of the Union,
seemed to hang on the discussion of Virginia,
j Jefferson, the intellectual giant, though absent
ut the time, opposed il. Patrick Henry, the
oratorical whirlwind of the revolution, blew q
hurricane upon IT, And even Monroe threw
the weighto Of his great name against il. Every
controyertible point was put into tho cruciblc
of debate, and every inch Of ground was dis.
puted But Madison was equal 10 every omer.
gency, and supported by John Marshal and
Henry Lee, he met the thunder Of their clio
quence, the vastness Of their learning, the
plausibilty Of their arguments, the b~arrirados
Of their objections, tho keen edge of their sat
ire, and by his Herculean power in debate
he disarmed aud vanquished them nll The
vote was taken, the Constitution was adopted
by eight votes, and the last and greatest battle
of our revolution, the battle Of the Union won
The true idea of self government was Consti
t~utionally embodied, and the people o
tho United Sthtes were formed into n natior
under one government in America.
To understand clearly the distinction be
tween the government Of the United State!
under the confedoracy and under the Consti
tuition, II is Indispensable that their distinguish
ing characteristics should be contemplated il
contrast The Union under the articles OF
confederation was q Union of States in theii
sovereign capacity, that formed by the Consti
tuition is II Union Of the People of the States,
in their primary capacity. The articles o
confederation were framed by a Congress
consisting of members appointed by the diff
erent State Legislatures and 10 which the,
were afterwards respectively submitted for rat
ifcation; the Constitution was framed by {
Convention Of delegates elected by the poo
pie Of the United States for this express pur
pose, and ratified by Conventions whose mem
bers were elected by the people of the differ
Ont States. The authority delegated b,
the articles OF confederation, enabled
Congress to do little more than pass
laws of recommendation, which the State,
could refuse TO enforce by the reserved right
of notification; the authority conferred by the
Constitution carries with it the power to en-.
fpFoe the laws of Congress, against any claim
ofStqte right 10 st in Judgment upon Their
oonstitutionaliiy, or to resist their execution
by notification. The advisory power of the
Congress OF the Confederation, was addressed
TO the Statos and could not directly rench indi
yiduals; the constitutional power Of the Con