Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-11-30

il did not and does not define the geographical
boundaries within which the Federal Government
shall exercise jurisdiction. The Constitution
specifies the power which the Federal Govern
ment may exert the States subject to its
jurisdiction; but to ascertain what States are SUBJ
ect to its jurisdiction that government does, and
necessarily must, take cognizauce of documents
which emanate from State authority, and speak
the sovereign voice OF State communities.
It-has been shown that the Constitution was
established in each State by exercise of State
power-that, without the exercise of such power.
that instrument could not have been established
in any State. Why then. should State power
be considered so contemplate. when its potent
voice alone has given to the Constitution its
whole validity One reason, perhaps, why
many persons form inadequate conceptions of
State authority is, that they fix their attention
exclusively upon the ordinary exertions of State
jurisdiction losing sight of those extraordinary acts
by which alone State power is illustrated in its
full magnitude. The ordinary exertions of State
power are seen in the acts of the State
Goyernment-an agent of the people whose
will as written in the State Constitution.
fetters their agent at every step. The extraordi-
nary exertioGs OF State power seen in the acts
of the people themselves exercising their high
and inherent prerogatives constitu.ion-ordain-
ers and constitution repealers Many acts to
which the State government is altogether incom
petent, are fully within the power of the State
communicable maker and master Of that gov
ernment. The State community is the creator;
the State government is the creature. He who
judges the power of the creator by those of the
creature. must go widely astray. AS the feeble
faculties of man represent not the Omnpotence of
his Maker, SO the limited capacities of the State
government fail altogether to illustrate the inner
eDt majesty and power of the State community
by whose breath that government is called into
being and at whose fat it totlers and dies.
This distinction must be clearly realized in
order to appreciate the reserved powers of the
States; for those reserved powers reside chiefly.
not with the State government, but with the State
community By that community there has been
delegated to the State government limited pOr-
ton of power; but there remains. inherent in the
people of the State. vast residuum of power,
underlined and undefnable. which. though it may
lie dormant during ordinary times, exists
the less because called into action, such are
only rare and remarkable occasions
OF the magnitude of State power in its extra
ordinary exercise. there can be no better illustra
ton than that furnished by some peculiar cir
cumstances connected with the establishment of
the titution-circumstances which speak so
significantly in behalf of State rights that they
are, by the advocates of consolidation. uniformly
concealed. Those peculiar circumstances we
shall proceed to reeite.
While the measures looking TO the establish
ment of our present Constitution were in pro-
gress the thirteen States were united under the
Articles of Confederation. These Articles were,
for the time being, the Federal Constitutions"
they were frequently thus designated by the State
Legislatures, as well as by the Congress OF the
Confederation. The last article Of the Federal
Constitution" provided that ''the Articles of this
Confederation shall be inyiolably observed by
every State, and the Union shall be perpetual;
nor shall any alteration at any time hereafter be
made in any of them, unless such alteration be
agreed to in a Congress of the United States, and
be afterwards confirmed by the Legislatures of
every State" In view of this provision, it may
be supposed by many that when the Government
of the Confederation was found inefficient and un-
satisfactory. our present form of government was
substituted by resort to the amending process
provided in the Articles of Confederation Such
a supposition is altogether without foundation in
fact Our present constitution was established
by measures which the Articles of Confederation
did not provide for recognize.
The convention that framed the Constitution,
having been originally convened for the purpose
of revising the Articles of Confederation" and
of recommending amendments thereto, concluded
that resort TO the amending process (Which re-
qured the concurrence of thirteen States) would
not insure the accomplishment OF the desired OBJ
ject, the establishment of new and more efficient
government Therefore. when they had embod-
led in our present Constitution the form of gov
ernment which they thought suitable for adoption
by the States, they finished by proposing, in
the last article of that Constitution, that 1.-THE
ratificatians of the Conventions OF nine States
shall be sufficient for the establishment of this
Constitution between the States so ratifyiDg the
same" This was, III effect. proposition that
portion of the States should dissolve this ''per-
petual' Unon-should abolish, to themselves
the Articles of Confederation, which were to be
"inviolably observed by every State" and should
establish, for their own government, new Con-
sttution, irrespective of the method prescribed
for amending The articles of Confederation, and
irrespective of The of of the other States
This the remarkable proposition reccommen
ded by Convention which bOasted Geo. Wash
ington as its President, and which embraced
among its members the most eminent statesman
of that day.
AS may be supposed, suct. proposal, eulanat-
ing from such a body, not submitted without
due deliberation. The propriety of tue measure
was fully discussed We learn by the report of
the conventions proceedings, that Mr.. Dickson
suggested the question, "whether refusing States
could he deserIed-whether Congress could con.
ccr in contravening the system under which they
acted" TEiliott's Debates, vol. 3. p 49S On
the question thus presen ed, Mr.. Luther Martin
said: I'VE are already confederated. aud no power
on earth can dissolve it (the Confederation) but
the consent of all the contracting parties. e
Is the old Confederation dissolved because some
Of the States wish new Confederation? Ibid,
vol. l p. 457 Mr.. Alexander Hamilton Thought
il wrong to allow nine States to institute a
new government on the ruins of the existing
one" [Ibid. vol. /. p. $50 Other members
who on the final vote proved to be the triumph
ant party. took opposite grounds. Mr.. Gorha am
(of Massachuseus) said: ''If the last article of
the Confederation is TO be pursued. unanimous
concurrence will be necessary. Will any one say
that all the states are to offer themselves to be
ruined by the Rhode Island opposition? Some
other States might also tread in her steps" ID,
vol. 5, D. 354 I Mr. Madison also was opposed to
an attempt 10 establish the new Constitution
through the amending process provided in the
old. 'it is impossible. said he. '.ihat the Arti-
cles Of Confederation can be amended" "lf the
old fabric OF the Confederation must be the
groundwork of the new, we must fail Ibid
volume /, pages 40l, 466. Another mem
Der who expressed his views still more
strongly, was Judge Wilson, OF Pennsylvania
prominent and influential member of the Con-
stitution Convention, and subsequently lea..ing
advocate and exponent of the Constitution in the
/ Convention of our own State Before il had
been determined what number of States should
be named as sufficient TO carry the Constitution
into effect Mr. Wilson said: at is possible that
not all. nay, that not even majority, will i'm
Eediately come into the measure; but such "a do
ratify it will be bound by it, and Others as they
may from time TO time acc@de to it," Again be
observed that majority. nav. even a minority of
the States may confederate, and the rest may do
as they please" [Ibid l. PIP. $50. 403.l
When, after considerable discussion, the vote
was taken. the Hamilton party. who Thought il
wrong TO allow" portion of the States Ito insti
tute a new government on the ruins Of the exist
inr one" were overrued A motion of Mr.