The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-02-18
BALTIMORE.
MONDAY, FEBRUARY Is. 1861

corning the relation between the States and the
General Government, that has been uttered dur
ing the pending controversy, perhaps the dreari-
est and most extravagant, in its way, is that with
which Mr.. LINCOLN entertained the crowd at In
dianapolis, when he compared the States Of the
UNION with counties, and pronounced them in no
wise different from, or ''better'' than counties
except t'in extent of territory and ''number of
inhabitants" Indeed his Excellency elect, did
not stop even there. He intimated very broadly,
thatthe States had political existence all except
in virtue of the Constitution and 'he position as.
signed to them by that instrument and he said,
in words, that to give to "a district of country"
any Especial sacredness," in comparison with a
county, "by merely calling it a State" was to
''give it a mysterious right to play tyrant."
We, of course, have no intention, at this late
moment, to undertake discussion of theoretical
questions, which have long been left far behind,
in the crisis, by the gigantic strides of militant
and advancing revolution. Nor have we the dis
position, by anything that we could say, to
give countenance to the doctrine of secession, as
constitutional right, for we have already, over
and over, recorded our convictions against it,
But there are extremes, and fatal extremes, upon
the one side as well as on the other, and the Wild
est notions of States Rights ever enuncaed at
Charleston are quite as consistent with the per-
petuation of the UNION, as are these Springfield
doctrines of Standardization with the scheme
and spirit of the Constitution. The principles of
government, in every nation, are apt TO meet their
rudest shocks, in the reactions which produce and
follow revolution. Men break down, in a mo-
ment of strife, the BARRIERS on both sides, which
have been sacred for century, and it rarely hap
pens, when they lay down their arms, that the
ancient landmarks are set up precisely where they
were. Seeding Confederacies are the States
Rights reaction from the unconstitutional dog
mas embodied in the Chicago Platform, and
threatening to be vtalized and aggressive in
the LINCOLN Administration. A consolidated
Government, extnguishing all the indepen-
dence of the States, and reducing them to
counties retained in obedience by torce may be the
reaction on the other side. The one extreme dis
integrates the Republic-the other moulds it into
despotism, and may thereby disntegrate society
No sadder fate could befall the nation than
that of being precpitated, by its recoil from the
one calamity, into the deep abyss of the other.
We do not know, therefore, that we can render a
more acceptable service to our readers, than in
rectifying their ideas, with regard to the system
of government under which they live, by copying
at length portion of the thirty-ninth number of
the Fsderalist touching the point referred to. We
have had occasion 10 meet, in public and private
sundry patriotic citizens, whose Zeal has transport
ed them into profound conviction, not only that
+boC Of tbo TTp;o
that the government of the UNION is not federal.
If, therefore, the extract which we are about to
quote should be considered full of "alse doctrine
heresy and schism" upon these questions, we hope
twill be remembered, that when Mr. MADISON wrote
it and General HAMILTON and Mr.. JAY endorsed it,
they had not the advantage Of Mr.. LINCOLN S
opinions or Governor Hicks 'fsources of infor-
'maton." The extract is as follows, and the
italics are in the original:
SIN order ascertain real character of the Govern
ment NAV be considered in relation to the foundation
which it is to be established to the sources from
which its ordinary powers to be drawn the opera
on of those powers to the extent of hem and to the a
hort by which future changes in the Government
to be introduced
ION examining the first relation, it appears, on one
hand that the Constitution is to be on the assent
and ratification of the people of America given by depu
ties elected for the special purpose; but the other
that this assent and ratification is be given by the peo
ple not individuals composing entire nation but
composing the distinct and independent States to
which they respectively belong 1t to be the assent
and ratification Of the several States derived from the SUI
preme authority in each State-the authority of the
people themselves. The act therefore, establishing the
Constitution will not be national, but federal act
THAT it will be federal, and national act as
these terms are understood by the directors the act Of
the people, as forming many independent States not
as forming one aggregate nation is obvious from this
single consideration that it is to result neither from the
decision OF majority of the people of the Union
from that of majority of the States 1t result from
the unanimous assent of the States that are par
ties to it, differing no otherwise from their ordinary as
sent than in its being expressed not by the legislative au
thorty but by that of the people themselves Were the
people regarded this transaction as forming one nation
the will of the majority of the whole people the United
States would bind the minority, in the same manner as
the majority in each State must bind the minority; and
the will of the majority must be determined either by
comparison of the individual votes by considering
the will of the majority of the States evidence of the
will of majority of the people of the United
Neither of these rules has been adopted Each State in
ratfying the Constitution, is considered as a sovereign
body independent of all Others and only bound by
its own voluntary act. In this relation. then, the
Constitution will if established, be federal and
national Constitution.
THE next relation is, to the from which the
ordinary powers of Government to be derived
The House of Representatives will derive its powers from
the people of America and the people will be represented
in the proportion and the principle they
are in the Legislature of particular State. So the
Government is national not federal Senate on the
other hand will derive its powers the States as DO
ltcal and coequal societies. and these will be represent
ed the principle equality in the Senate as tey now
in the existing Congress So the Government is
federal, not national The Executive power will be de-
rived from very compound source The immediate cleo
ton of the President is to be made by the States in their
political characters The votes allotted them are in
compound ratio which considers them partly as distinct
and coequal societies. partly unequal members of the
same society The eventual election again. TO be made
by that branch of the Legislature which consists of the
national representatives but in this particular they
are to be thrown into the form of individual delegations
from distinct and coequal bodies polite From
this aspect of the Government it appears of mixed
character presenting at least many federal aaonal
features.
1.-THE difference between federal and national Govern
ment as it relates to the operaoa of the il
by the adversaries of the plan convention supposed
to consist in this that in the former the mowers operate
the political bodies composing the Confederate in
their political capacities; in the latter on the individual
citizens composing the nations, in their individual capa-
cities. On trying the Constitution by this criterion 1t
falls under the national not the federal character though
perhaps not so completely as has been understood In
several cases and particularly in the trial controversies
to which States may be parties they be viewed and
proceeded against in their collective and political capaci
ties only But the operation of the Government on the
most essential proceedings, will, the WHOLE in the
sense Of its opponents, designate it in this relation
national Government.
Bu if the Government be national with regard to the
operation of its powers it changes its aspect again
We contemplate in relation to the ertent of its powers
The idea of national Government involves in it, not
only an authority the individual citizens, but
indefinite supremacy all persons and things
they objects of lawful government Among peo-
pie consolidated into nation, this supremacy is
pleely vested in the national Legislature Among COM
muntes united for particular purposes it is vested
partly in the general and partly in the municipal Legs
latures In the former all local authorities sub
ordinate to the supreme; and be controlled directed
Or abolished by it at pleasure. In the latter, the
municipal authorities form distinct and independent por
tons OF the supremacy, more subject, within their
respective spheres, to the general authority than the
general authority is subject to them within its own
sphere In this relation, them the proposed Government
cannot be deemed national since its Jurisdiction
extends to certain enumerated objects only and
the several States resduary and involabe sovereignty
over all other objects 1t is true, that in controversies
relating to the boundary between the two Jurisdictions
the tribunal which is ultimately to decide is to estab
lshed under the General Government But this does
change the principle Of the case The decision is to be
tion and all the usual and eecual precautions are
taken to secure this mpartay Some such tribunal is
clearly essential to prevent appeal to the sword and
dissolution of the compact and that it ought be
abshed under the general rather than under the local
governments; to speak properly it could
safely established under the first alone is position not
likely to be combated.
"If we try the Constitution by its last relation to the
t neither wholly national, wholly FEDERAL Were it
wholly national, the supreme and ultimate authority
would reside in the majority Of the people of the Urion
md this authority would be competent at all times like
nat OF majority Of every national society," alter or
ibolish its established government Were it wholly fed
raj on the other hand concurrence of each State in
ne Union would be essential every alteration that
ud be binding ALL The mode provided by the plan
u the convention Is not founded either of these prn
ples In requiring than a majority and particu
arly in computing the proportion by States not by ci
it departs from the national and advances towards
he federal character. In rendering the of
ess than the whole number of States sufficient loses
gain the federal and parakes of the national character
The proposed Constitution therefore, when tested
y the rules laid down by its antagonists is in strict
ess neither rational federal Constitution, but
imposition of both In its foundation it is federal,
ationa in the from which the ordinary powers
thn l-nyrr .n,k1, fnIA ii