Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1861-08-06

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THE AMERICAN UNION COMPA-
RED WITH THE UNION OF ENG
LAND AND SCOTLAND.
The United States Constitution was not
simply the creation of the Convention who
presented it to the people for adoption
Its principal thoughts we're collected from
every, quarter and systematized. Even
words and sentences are quoted in it and
| in its amendments from every English
state paper since Magma Charta. Political
ideas are thus the result of the history and
growth ofa people, and cannot be devised
by thinkers, no matter how profound. The
truth of this statement is strikingly shown
in the Constitution framed during this year
by the so-called Confederate States. They
| have been praised by unthinking persons
I for their torbearance in adopting, in its
main features, the United States Constitu-
ton. This adoption was, however, logi-
cal necessity. Whatever changes have
been made by them in the original docu-
ment are the result of the experience or
discussions of the past seventy years.
1t might then be confidently asserted. q
Driori, that our own plan of union was, in
the main, suggested by some earlier
plan of government. If we seek for the
original history it will be found in the
Union of the kingdoms of England and
Scotland. The two nations, nominallyun-
der single king, had experienced the evils
of two distinct and antagonistic govern
ments. In the third year of the reign of
Queen Anne plan of union was broached
for preventing the many inconvenience
which may speedily happen to the two
| Kingdoms ifa nearer and more complete
union cannot be made" This plan results
ed in the statute, passed in the fifth yoar
of the reign of Anne, charter 8, known as
"an act for the Union of the two kingdoms
of England and Scotland"
1t is admitted by all statesmen and jur-
lists that the act ofunion made England and
Scotland one nation. Though once sepa-
rate, they are now indissolubly united. No
mower could tear Scotland from Great
Britain which cannot, with the same pro-
priety, separate an English county from
the kingdom. 1t may thus be fairly argu-
led, if the same characteristics are found
in our own Union, that it is of the sRme ma
ture. 1t will not be claimed that. the two
schemes of government are alike in detail,
but only that Il similarity in fundamental
| principles can be detected.
In the first place, the union of England
and Scotland was consummated by treHty.
The two governments previously had dis
tiuct, and even hostile, legislatures.-
Scotchmen had been prevented from inher-
liting lands in England. a RuHhead's
Statutes at Large, l7s, note.) Being at
liberty to unite or uot, their union must be
regarded as compact. 1t is curious
fact that they were, at that time, termed
"United States"
In the next place the treaty of union was
framed by commissioners appointed re-
spectvely by England and Scotland. 1t
/ was made their duty to meet, and there
upon to treat and consult. After mature
deliberations they were to submit their re-
| suits in writing, under their own subscrlp-
tions and seals, to the proper authorities
Their action was advisory, and was to
have no effect until ratified by the two
parliaments respectively.
After the commissioners had met and de-
liberated the results of their proceedings
we're submitted in accordance with THEN
lletters of instruction. The Scotch Parlia-
ment proposed certain amendments which
were accepted by England. The articles
having been ratified by each nation, the
two sovereignties became merged into
one.
If wenow proceed to the examination Of
the act of union itself, the following char
acteristics will be perceived: The articles
of union were to be perpetual. The pre-
liminnry act required that the commission
ers should make provision for the common
good of both the said kingdoms torever.-
The act of union, in its first section, pro-
vides that the two kingdoms shall t0reve'
after be united into one kingdom by the
name of Great Britain.
The new nation was to have one flag
The crosses of st. George and of st. An,
drew were to be conjointd and used in al
flags banners, standards, and ensigns, both
of sea and land.
The united nation was to have single
executive, of the royal house of Hanover
The details of this provision 1t is unne'
cessary 20 state.
The united kingdom was to be repre-
seuted by one and the same Parliament, tc
be styled the Parliament of Great Britain
1t will be observed that neD name was
given to this body. 1t was not the Parlla'
ment of England and of Scotland, but the
Parliament of Great Britain.
The subjects of either portion of the
new kingdom were to have "full freedom
and intercourse of trade and navigation tt
and from any port or place therein, and
communication of all other rights, priv
Ieges, aud advantages which may belong Il
the subjects of either Kingdom with GER
tain specific exceptions.
All customs, duties, imposts, and excise!
were to be uniform throughout the united
kingdom, with some slight exceptions, tC
prevent interference with vested rights
; AH laws concerning "the regulation o
trade" were to be uniform. The -. land nd tn tn