Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-01-27
For the Standard.

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For the Standard.
II the act Of Consressplaeing in the field prize
cipais ho-hase farnisAed substftutes Cor.
The Confederate government, having as vet failed
to pass an act establishing Supreme Court, and the
courts OF the various Ststs governments having held
tnat vas their duty to entertain Jurisdiction in all
cases, where writ of hubeas corpus had been sued
out acitzenofthe State alleging detention By an
omeer Of the Confederate government under an act
OF Oonsress, We purpose briefly examining the Va.
noty ot the late act requiring principals who had
furnished substitutes for the military service also
TO 60 into the field Our inquiry will be confined
70 tne validity Of the law. as it affects citizens OF
tnls state fer - there is no Confederate Supreme
Court, may % that there will not be that uni.
tormity Of decisions~whieh Aouad arise was there
Court to which oil the various State Courts were
ooead TO yield obediencs upon the construction Of
aeIs olUongresa Ii there was Supreme Confed-
crate Court composed Of able lawyers, such as
doubt not the President would appoint, have no
doubt It xonld place the same construction upon
the eonscziption and exemption acts a. has been
done BY our own Supreme Court So far Is the
qaesten haoncerned, whether the act Of Congress
allowing substitution was mere privfiegs or an
indulgence, or contract, this question has been
discussion "A discussion marked with great ability,
and in which the Confederate government was rep.
resented BY two Of our most distinguished lawyers
and the opinion of the Court that it was contract
has met with the general appreciation 6 the jurists
of the country.
Then, as it is a contract, has Congress the Con.
stitutional power to annul iti To ascertain this
lc law, and see what powers have been conferredon
the legislative branch Of the governnent The first
thing which We discover in this instrument, is the
fact that the Confederate Constitution is brought
into existence not by the people of the Confederate
States, bnt BY the States themselves, :" each State
acting in its sovereign and independent Character
However much we may have heretofore differed
and strength of the old Union, that question Is now
patent from the unmstakeable wording Of the Or
ganic law.
1t is based upon the idea of the sovereignty of the
States and the Confederate government is the mere
agent Of the separate s6vereignties which compose
It, 1t possesses no inherent principles of sover-
elgnty, except as such are expressly delegated by
the States under the Constitution 1t possesses no
powers except such as are Necessary to prevent ex
ternal as we'll as internal violence. The paramount
object In its formation, gathered from the nstru-
ment ITSELF seems to have been closer alliance of
the different sovereign States composing it for their
mutual protection. 1t declares that ali powers not
expressly delegated, belong to the States thus ig-
noring every such an idea as that the government
can do any act not expressly sanctioned by the Or
ganic law. Itignores all internal improvements on
the part Of the government, and leaves such things
to be performed by the sovereignties interested
1t repudates the great principle upon which
many supposed the old United States government
was foundcd-that of being formed by "ths people
Of the United States for a more perfect Unioa;"
and those who formerly held that the Constitution
oIs~l khn I4ok~s 49, 80
Union as Indispensable to our prosperity and happi.
ness, must be satisfied upon reading our present
organic law, that it was the constant aim and stu.
dious intention of the trainers of the Constitution
that no such construction should be admissible.
The Constitution establishes government of
tive branch o 6s aaa us law Which
warranted BY that instrument. The powers grant
ed to this department Of the government are plainly
marked out and "blazed;" and those powers not SO
expressly delegated by the sovereign States, COM
posing the Confederate government are, by the Con-
stituton, reserved to the States Eyen under the
Old government which possessed many of the es-
sentials of nationality which are wanting in our
Constitution, Judge Patterson of the Supreme Court
of the United States. held in the case Of Calder o.
Bull, 8 Dallas 1856, that The State Legislatures
tained erclusioely, all the posoers Of legislation
phieh 0ers not expressly taken ascdy By the Con-
stituti0n and that no constructive powers could be-
erercised By the Federal government. Ifthis was a
correct exposition of the law under the old govern
ment how much more correct is it under the new
The States upon ratfying the Constitution, restrict
cd themselves Of the right to enter into treaties
grant letters Of marque and reprisal, coin money,
make any thing but gold and silver coin legal ten.
der in the payment Of debts; they also covenanted
not to pass erpost Jacto law or any law impair.
ing the obligation Of contracts. Nos tits apparent
to The most casual observer that the States had
deprived themselves of the above enumerated rights,
they could not be exercised by the Confederate gov.
snment unless they were expressly delegated The
States, therefore, do delegate to the government
some Of the above powers such the right to enter
into treaties, coin money, grant letters of marque
and reprisal &c. Here then We find that the States
are not allowed to make any thing but gold and
silver coin legal tender in the payment Of debts
nor pass any law impairing the obligation Of con-
tracts Why were these restrictions imposed on
the States1 The reasons are obvious. Gold and
silver coin has the relative value in all well
regulated governments. Suppose the States were
allowed make bills of any corporation legal ten
der in the payment Of debts and if acted upon the
effect would betdeplorable. A man might be com
PEELED to accept in full satisfaction Of An hundred
dollar note, paper currency, which would not com
mand Eve cents in the dollar. Such an act nigh,
sation The reason why State can pass no Law
impairing the obligation of contracts is another
wise restriction for were 1t otherwise, it would de
stroy all enterprlse-check all commerce-deprivt
men of vested rights without any equivalent--in
word, such an act would shock the moral sense O
| mankind.
If then, there be such weighty reasons why thu
States should not be permitted to make any thing
h6A gold and silver coin legal tender in the pay
usbt of debts, nor pass any law impairing the Oh
legation of contracts we may inquire whether th.
! States have delegated any such extraordinary pow
ers to the Confederate government Let any ONT
| who supposes that the States have SO stultided
themselves as to have delegated such powers study
the Constitution closely, and he wiz rise from it
| examination satisfied that no such authority car
be found.
Suppose, when the Constitution was being sub