The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1861-01-17

SuOOlQ MAINTAIN ana acquire larger ueRlec
Of permanent strength and efficiency, by maxi
ing themselves, instead of the Several States,
directly parties to it.
The Confederation was a league of friend
ship between the States, having i'll view, as de-
clared, the common defense of the States the
security of the liberty of the States; the mu-
tual and general welfare of the States; as they
bound themselves, each separately speaking
for itself and not for the people, to assist each
other against all force offered to, or attacks
made upon them, on account of religion, SOW
ereignty, trade, or any other pretence what
ever.
The technical obligation was that the Con-
federation should make common cause IN de-
Tending any State, in securing the liberty OF
any State, and its general welfare; that the
states should assist each other against all force
offered. not to the people, but to the State;
40 ainst all attacks made upon the States, and
not against attacks made upon the people, on
account of religion, sovereignty of the States
not sovereignty Of the people; trade of the
Statesmen attacks upon the trade Of the peo-
pie The league was, in other words, TO pro
ect the States in the enjoyment of their rights
such, and to protect State Sovereignty, to such
an extent as any of the States were
sovereign without regard to the rights of the peo-
pie themselves, which were solely to be determin-
ed, except in a few enumerated cases, by the gov
eminent of the several States themselves. 1t was
compact between several sovereign powers, yir-
tually distinct from each other, made for certain
specified purposes and to aid each other in the ex-
ercise of their several prerogatives as independ.
ent States. The people, strictly, did not make it.
The statesmen Ofthat day. satisfied that that spe-
cies of government must ultimately prove a failure
TO very great degree, devised a new system,
which while it retained few of the features of the
Confederation, so far as the limited independence
of the States was concerned materially differ
ent particularly in that the people themselves as
people, instead of States, became parties to it.
league Of States was turned into a gOvsrnnaent OF
The people. 1t was necessarily made to embrace q
great variety of particulars III order to accommo-
date the interests, opinions of interests, of the
states whose syeral people became parties to it;
and 1t involved the necessity of a spirit of accom-
modatOn to the reasonable expectations Of the peo-
ple and of moulding and arranging the particulars
which composed the whole system of Government,
in a manner to satisfy, SO far possible all the
parties to it. 1t was made, not for the benefit OF
any State to crafty any whim, caprice, or passion
to pander to any local influence, or to protect or
foster any local interest
Iu the one case, the States made the artcl es
of confederation, for the States themselves. In
the other case, the people of the United States
ordained and established the present ConstituN
ton the United States of America.
In the one case, the States entered into a
common defense, the security of their liberties
their mutual and general welfare binding them.
selves to assist each other against all violence
offered to, or attacks made upon them, &c.
In the other case, " The people of the United
States, in order to form more perfect Union,
establish justice, ensure domestic tranquility,
provide for the common defense, promote the
general welfare, and secure the blessings of lib.
erty to themselves and their posterity, ordained
and established this Constitution for the United
States of America
Here are he different purposes avowed in
the organization + the two systems of govern
ment. One looking particularly to the benefit
and interests of The States, and the other more
to the protection Of the rights of the people,
Under The new system, the people delegated
certain powers, by the Constitution, particularly
enumerated, to be solely exercised by the Gen
eral Government of the United States At the
same time, they declared "that the enumera-
tions in the Constitution Of certain rights should
not be construed to deny or disparage others
restrained by the people also, d" that the pow.
ers not delegated to the United States by the
Constitution, nor prohibited by tito the States,
are reserved to the States respectively or to the
people.
Here are absolute grants and positive reserva-
ton, with the clear declaration that by the emu
meration of certain rights in the Constitution
conferred upon a General Government, there
should be no construction that they denied or
any of the rights not enumerated,
but retained by them. While they gave up
certain rights and conferred or delegated Ger
tain powers, they did not give up all, nor did
they in set terms reserve all that were reserved,
but in their delegation and reservation assum-
ed that there were other rights than those emu
which were not to be denied or dispar-
aged, the same being retained by the people
So the powers held, and to be ex-
ercised by what we call the General Govern
ment are only those expressly delegated, or
such as become absolutely necessary to be used
in the exercise of delegated powers. The gov
eminent takes nothing but what the Constitu>
ton gives it and the States respectively, and
the people part with nOthing-lose nothing
but what they have, in express terms, given
away.
The United States are sovereign and indepen-
dent in the exercise Of delegated powers, and
States and the people sovereign and indepens
dent in the exercise of all reserved and non-
enumerated powers of government. The gov
eminent of each State belongs to the people Of
that State The government Of the United
States belongs to the people Of the United
States. The people of each State may mould
and control the civil and political institutions
pertaining peculiarly to itself, and so long as
they do not act in conflict with the Constitu-
ton of the United States, may change their
systems as they please, without consulting the
General Government. The people of the United
States alone can change the character of the
General Government. The General Govern.
ment cannot change the character of State
Government, or usurp, or exercise any power
over it not delegated, nor can any State, or the
people of any one State change the character Of
the United States Government, abridge its
powers, or add anything to them; restrict Oh
increase its jurisdiction or authority, impair any
of its rights, or violate its constitutional laws
disturb its integrity and Wilderness.
Each State has the power, within its OWL
jurisdiction, as it isdits duty, to protect the
rights Of persons and property of its citizens
and the citizen of any one State, soourning in
another State, as citizen ofthe United States
has right to be protected in his person by the
Government of the United States, in the exer-
else and enjoyment of all the privileges and i'm
munlIes which belong to him urder the Con,
stitution, which is the commoa charter and
shield of the whole people,
The Government of the United States is
Federal in a limited sense so far az in the ex-
ercise OF its powers it operates on the political
bodies called States, in their political capacity
But so far as it operates upon the people in
their individual capacities, its ordinary and
essential proceedings, it is purely National
though limited in its jurisdiction The govern.
ments, both the several States and of the
United States, are inviolabe within their dis
tinct sphere. The people act, make and unmake
constitution and laws, by processes known
only to Constitutions of the several States Of
the United States. The government is one Of
law and not OF force, and there is no revolution.
airy element in its character. The Constitution
tells US how it may be changed, and tells us the
only peaceable mode of changing it. 1t tells
how boundaries and territorial jurisdictions may
be extended and enlarged. 1t gives power to
Congress to admit new States, but no porer to
turn one eat. BY virtue of its complete sover-
eighty and Independence as against all the 9th.
er nations OF the earth, and as a power neces-
sarily incident to government, it may acquire
new territory by treaty, by conquest or by pur
chase. 1t has power in itself TO strengthen and
confirm the government,makirg it greater, richer
stronger; but no where in it is found delega
ted power t. aid in breaking in pieces, or suffer
it to be broken.
When the government was made, it was in