The Oxford intelligencer., 1861-02-27

| We remarked, in our last number, that
this instrument foreshadowed, In all proba-
bility, the character of the permanent Con-
situation which viii be framed by the Pro
sisisnal Congress at Montgomery and
subnntted to the States Of the Cenfsderacy
for their adoption and we animated, also,
that in our opinion, those features Of the
Provisional Constitution, wherein il differed
from the Constitution of the United States,
were, each and all, improvements upon the
latter instrument
The Provisional Constitution, as we have
heretofore observed, closely resembles the
Constitution of the United States it is, in
fact, identically the same, with the exception
of few changes which the practical working
of the old Constitution had demonstrated to
be essential. We propose now, in accord
ance with the promise made in former ar
ticle, to institute parallel between the two
Constitutions, in order to point out the
changes that have been introduced, and to
set forth, as briefly as possible, the grounds
for our belief, as heretofore expressed, "tbst
every change is a substantial improvement"
The Preamble presents the first point of
difference. The old Constitution set out
with these words ave, the people Of the
United States, in order, &c, do ordain and
establish, &C." The names of the several
States that were "united" under that COM
pact having been omitted in this place (which
was done only because it was not known,
when the Constitution was framed, which, or
how many of them, would ratify it) the
omission was seized hold of by the Federal
lists as pretext for their absurd doctrine,
that the people of the United States, regard
ed as an aggregate community or nation,
and not as composing distinct and indepen-
dent States, established the general govern
ment. 1t is upon that pretext, mainly, that
the right of the seeded States to withdraw
from the Union is now denied by those who
insist that the Union is indissoluble, except
by the consent of a majority of all the peo
pie of all the States, and that this majority
may rightfully impose its will upon the mi
nority as law. Such a political heresy can
never creep into the minds of the people, or
Of any party, in the Confederate States, be-
cause it is efectualy guarded against by
these explicit terms of their Preamble =
ave, the Deputies of the sovereign and in
dependent States of South Carolina, Georgia,
Florida, Alabama, Mississippi, and Louisiana,
do hereby, in behalf of those States, ordain,
&C."
The Provisional Constitution is silent in
regard to Senate and House of Represen-
tatives. These will be provided for in the
permanent Constitution.
Under the old Constitution, the President
was under the necessity of approving or We
toing every bill, passed by Congress, as
wholes Appropriations, therefore, for OBJ
jects to which the President for the time be-
ing was known to be opposed, were often
tackled to bills which could not be defeated
without stopping the wheels of government;
and many instances have occurred in which
President has thus been constrained to
give his formal appreciation to measures
which he really reprobated, and which,
standing upon their individual merits, could
never have commanded his approval, or have
been passed over his veto. This evil is OK
cludcd under the new Constitution, by the
provision that "the President may veto any
appropriation or appropriations, in the same
BILL"
Congress, under the old Constitution, had
the power "to lay and collect taxes, duties,
imposts and excuses, to pay the debts and
provide for the common defence and general
,celtare of the United States" This pro-
vision has practically been construed to con-
fer upon Congress almost unlimited author
ity. According to Alexander Hamiton's
views, whatever Congress, in the exercise of
its discretion, might deem conducive to the
general welfare, it could promote by the ex
ercise of the taxing power, without restric-
ton. 1t was under this provision that tar
ifs, imposed avowedly for protection, and
not with view to revenue, have been enact
ed, in order to enrich one section of the
Union at the expense of the other. This
abuse is corrected by the limitation of the
taxing power, under the Provisional Consti-
tuition, to the raising of ''the revenue neces-
sary to pay the debts and carry on the gov
eminent of the Confederacy."
The foreign save-trade is interdicted in
the new Constitution, and it is made the du-
ty of Congress ''to pass such laws as shall
effectually prevent the same" instead of
leaving the subject, as under the old Consti-
tuition, to the discretionary action Of Con-
gress. In view of the persistent clamor and
misrepresentation of the Black Republicans
as to the purpose of the cotton States to re-
open the foreign slave-trade, it was well,
perhaps, for the benefit of our friends in the
border slave States, that the trade was pro-
hibite6 by constitutional provision. 1t