The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-01-19


called the Virginia plan were introduced by Mr. Ran
dolpb and subsequently Mr. Patterson brought forward
oheIs embodying the views OF the state rights party,
OF June these opposing propositions being under cons
deration in committee of the WHOLE those offered by Mr..
Patterson were indefinitely postponed, and then
ton to rise and report Mr. Randophs propositions with
out alteration, which was in fact question whether
Mr. Randoph's should be adhered to as preferable to
those of Mr. Patterson it carried by the votes OK
seven States for, to three against.
The resolutions Of Mr.. Randolph declared
That national government ought established con-
b a o. ,Ss ga,qhre ,, and udar
ought no ,ne os 1 cnfh q me
sd Articles but according 0s g sSMs
White other FREY nhassss and
the legislature ought 10 be according the rule IN
ns h n states ss oas Be soaa
articles Of unon and that the amendments which should
the proper time or times 70 be submitted assemb
hereon' '''A y 'A' pe'i'' " '0As'uef anu 0e''e
These resolutions although subsequently modified con-
tanned the germs OF the present constitution and the
vote them settled the question against advocates
of confederation of States, will appear from an OK.
animation OF the principles which they involved The
debates on their adoption show that they
ed by those who advocated and those who opposed then,
substantially endorsement Of a government in
vested with larger and more widely distributed powers
than had been possessed by the confederation The
only point in which the advocates of federal system
appear to have been successful was in finally maintain
ing the equality Of the States in one branch OF the Leg
lature
In discussing these plans Wilson drew the following
parallel
Pre- ss Of the people A. large he oasis Of
iionate representation prevails one equality suffrage
to extend the national peace and hamo
Cation he enn IL han e y
legislative authorities according 70 the thirteenth article OF
the confederation
Madison, speaking of the New Jersey PLAN Observed,
That besides emitting control over the States, gene.
its
was j. Be es eGp large but p
81 Se hs s Sg To s
tribunal and appellate jurisdiction only criminal
a. The Of any such proyion
what avail would an appellate tribunal be after acqua
comparison Of the plans which had been proposed
m Sn saa St e @ re ssn that
the individuality Of the States The plan from Virginia
did not profess destroy this individuality altogether but
was charged with such tendencv "
EXTRACTS CONSTITUTION
With this reference to the two prominent plans OF tine
Convention which is intended show that from the rst
the leaning was towards a national government YOUR
committee proceed to notice those provisions OF the
constitution which establish the propositions before
stated
ls That this ordained and for the pee.
pie Of The United States Is established BY the preamble
Ses Of ss
relating subjects are given below Ho 'a'Ses
form ose Ms as q f Isd order
tranau Y provide for the common defence promote he
pos,eyiy ordan and establish this constitution for
ArcleJ The ratification Of the Conventions of nine States
shall be SUFFICIENT for the of this constitution
Art sec ihe House of shan be CON-
he several in each state sha p have %
Inc requisite for electors of the numerous
These extracts from the constitution show derivation
of power and confirmation os it from the only trns
source OF all legitimate authority The great principle
that the government should rest on the consent 81 tho
people and not on that Of the States having been seeI
adopted without opposition The decision OF the Conyep
ton on this point established most important dstipc-
on between the constitution and the articles Of confade
ration clearly stated in the debates.
MR.. MADIsoSs OPINION
. The subject OF ratification being under consideration
Mr.. Madison said
h he Leg Legsaes only and founded people % be
Won ome point Of maTai obs ea ana ah Soq b.
sle So M Ss a In point Of political there
First law violating treaty made by preexstng law
%Gh, ss respected By the Judges though
the people themselves, would Be BY the Judges
seondy The doctrine laid down by the law OF nations in
parties The other Fl from amy Gas s by
nnn he case hs ps "a1n s pOs Under
such a. 1 Spang the modes point
es ~ aos n Congress for Proposing
'he L'Ss~turts, Tor examining and adopting Il.
ING PROVISIONS FOR POPULAR GOVERNMENT
o direct participation Of the people in the government
as provided article section of the constitution aords
additional evidence Of the national character OF The GOV
eminent The members Of the House of Repre-
are elected directly by the people in the same manner az
members OF State Legislature This feature of the con
suuton was most strenuously opposed in the Conyen-
ton as destroying equality OF the States and building ID
government which The States in ono OF its coo
nate branches would have control on this provision
as On that In regard TO ratification the advocates for
state sovereignty made determined stand as is shown
by the debates nor could they be induced to weld ON
any other terms than compromise which left them 10
equal presentation in the Senate The branch
OF the government then, whilst paraklng somewhat o
the federal character may claimed as TO the House OF
Representatives, OF the connecting links between
the people and the government thus strengthen
ing the evidence Of constitution of the people which .
cerVed IRON the declaration OF the preamble and tho
form Of ratification
That the constitution establishes the paramount au
thorty Ct the general government Is the next point 10
be considered, nor does IL evidence any mo-,
doubtful than the proposition already discussed.
IL would indeed have been fatal defect In the conSt
luton us supremacy the constitutions aws or
the states had been established no higher sanction
dence Of the consummate vision OF its trainers ,ba,
whilst no opposition could induce them 10 waiyo ths
most important provision its undue operation on the e
climate authority Of the states was rendered imposs
by the establishment of Supreme Court with iurls
whose Judges were to be appointed by the two hes
OF the government most directly connected with hs
states IN NOR collective capacity We here poe these
passages In the constitution to which we refer In tbs
Connection '-'0
Art Sec The judicial power shall extend to all sases
IN law or equity arising under this constitution the laws
Art Sec This constitution and the laws of the United
aes Whch shall be made In pursuance thereof, an
treaties made or which shall be made under authority
ne United States shall be the supreme law land and
hc Judges IN any state shall be bound thereby
The CONSTITUTION or laws OF State TO the
standing. ' ~
- TUE SOVEREIGNTY or STATS SUPREME
These provisions Of the constitution, like all others
ucbching on the sovereignty of the States met with a
determine opposition both in and out Of the Conven-
tion. They Invested the States Of powers which had
often been exercised under the articles Of coneeraon
Of rulhiying the acts Of Congress, and established
a common aroter IN The Supreme Court on all cases
arising under the constitution and the laws " the
nted states. Originating In the conviction OF the
ana at the same time complete Independence In he
states, they destroyed the iBIsrum ia irpewa and in
~ place the paramount authority the gene
not difficult TO see that without these provisions
,he constitution would he much more imperfect instr-
mcht than were the articles OF confederation Whilst
aNlung the government into number of co ordinate
bran. hes eDiargng their sphere Of action ard imposing
on them responsibilities aud duties which did not exist