Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1861-01-18


each other for their common defense, the
security of their liberties, and their mutu-
al and general welfare - binding them
selves to assist each other against all
force offered to. or attacks made upon
them, or any of them, on account of reig-
ion, sovereignty, trade, or any other
prettnce whatever" Each State retain
ed its sovereignty, freedom, and indepen
dencc, and every power, jurisdiction, and
right which was not by the Confederation
expressly delegated to the United States,
in Congress assembled.
This was league of the States, and not
a government of the people of the United
States.
Experience soon proved that while in
some respects that species Of government
answered the purposes for which it was
created, yet the diversity of local and sec
tional interests, and the claims of the sew
era States themselves, to the right to ex-
erclse powers not too well defined, and the
difference gradually growing up between
the several States, from variety of causes,
showed the necessity of form Of govern
ment widely different in principle, which
should acquire and maintain larger de-
gree of permanent strength and efficiency,
by making the people themselves, instead
of the several States, directly parties to it.
The Confederation was a league Of
friendship between the States, having in
view, as declared, the common defense of
the States; the security of the liberty of
the States; the mutual 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, Cd account of religion, sovereignty,
trade, or any other pretence whatever
The technical obligation was that the con-
federation should make common cause in
defending any State; in securing the lib
erty Of any State, ard its general welfare
that the States should assist each other
against all force offered, not to the people,
but to the States; against all attacks made
upon the States, and not against attacks
made upon the people, on account of relg
ion, sovereignty of the States-not sove-
reignty of the people; trade of the States
not attacks upon the trade of the people.
The league was, in other words, to pro-
tect the States in the enjoyment of their
rights as such, and to protect State sover-
eighty, so far as the States were sovereign
without regard to the rights of the people
themselves, which were solely to be deter
mined, except in few enumerated cases,
by the government of the several States
themselves. 1t was a compact between
several sovereign powers, virtually distinct
from each other, made for certain specified
purposes, and TO aid each other in the exer-
else of their several prerogatiyes as indie
pendent States. The people, strictly, did
not make it.
The statesmen Of that day, satisfied that
that species Of government must ultimately
prove failure to very great degree, de-
vised O new system, which while it retained
few of the features of the Confederation,
SO far as the limited independence of the
States was concerned was materially DIFF
ferent; particularly in that the people
themselves as people instead of States, be-
come parties to it. A league of States was
turned into government Of the people, 1t
was necessarily made to embrace great
variety of particulars, in order to accom-
modate the interests, or opinions of inter
ests. of the States whose several peoples
become parties to it, and it involved the
necessity of spirit of accommodation to
the reasonable expectations of the people,
and of moulding and arranging the particu-
lars which composed the whole in man.
ner to satisfy, so far as possible, all the
parties to it. 1t was made, not for the
benefit of any State; to crafty any whim,
caprice orpassion; to pander to any local
influence, or to protect Or foster any local
interest.
In the one case, the States made the ar
ticles of confederation for the States them
selves. In the other case, the people of
the United States ordained and established
cur present Constitution "of the United
S'csos Of Anaerica.'
In the one case, the states entered into
a league of friendship with each other, for
their common defense, the security of their
liberties. their mutual and general welfare;
binding themselves to assist each other
against all force 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 de-
nestle tranquility, provide for the COM
mon defense, promote the general welfare,
and secure the blessings of liberty to
themselves and their posterity, ordained
and established this Constitution, for the
United States of America"
Here are the different purposes avowed
in the organization of the two systems of
government One looking particularly to
the benefit and interest of the states, and
the other, more to the protection Of the
rights of the people. Under the new sys-
TEN, the people delegate certain powers,
by the constitution. particularly enumcra-
ted, to be solely exercised by the General
Government of the United States. At the
same time they declared that ''the enume-
ration in the Constitution, of certain rights,
should not be construed to deny or dispar-
age others retained by the people," also
that ''the powers not delegated to the
United States by the Constitution nor pro-
hibited by it, to the states are reserved to
the states respectively or to the people"
Here are absolute grants and positive
reservations, with the clear declaration
that by the enumeration of certain rights