Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1866-03-16

/ GKE r 3 n
/ That any human constitution Is perfect
1 it would be folly to assume. That Of our
| American government Is probably as
| nearly so as any in existence. A few men
/ of eminent wisdom, possessing the en-
| iightenment of the eighteenth century
and having before them the history and
experience of countless nations, f0rtU-
I nately devised a system which seems to
I be proper deduction from the logic of
! ali past events in the political experience
of man. Yet it Is not without Its faults
and even iucongraities. Considering the
| fact that it was designed for new people,
on new continent, and in new era, and
that it is not yet century old, this is not
strange Indeed. it is rather marvel
that it is so free from imperfectiOn.
The Inconsistencies referred to can
hardly be called the blunders Of It's trainers,
but are rather defects which they en-
deavored to eschew but which were
foisted into it by the force Of eircum-
stances. It must be remembered that in
the constitutional convention Of 1888
we're many delegates representing COM
munities possessing peculiar social in
stitution called Slavery. This social in
stitution, or rather evil, though contrary
to all republican ideas, demanded recOg
milton In the general government. Many
Of the delegates representing slavehOlding
Ommunities required this as
condition precedent to the ratification
of the constitution. On the other
hand this was opposed by the wisest and
best men in the convention. Here, then,
was a radical difference between two
powerful factions in the convention
difference wide as that between freedom
and bondage Now unless a compromise
J -. Il,
be conceded on both sides, the Union SO
much desired by all could not be formed.
Accordingly a clause was inserted which,
though it did not recognize slavery, yet
protected the rights Of the stakeholder.
Thus we have d constitution based upon
the idea that ''all men are created equal,
and that the rights to life, liberty, aud
the pursuit Of happiness are inalienable;
yet at the same time upholdlng and pro-
tecting one Of the worst forIns Of human
oppression. Here Is one Inconsistency.
Happily it has been eliminated by the
great war for the Union.
But there Is another which Is not yet
wholly eradicated. 1t is the heresy of
State Rights; that IS, State rights as
understood by nUllifiers and secession
lists. This defect was also brought into
our system By the force of circumstances.
Many of the delegates in the cOnstitu-
tional convention were eager to have the
sovereignty of the States clearly recOg-
uized. With this end in view they re-
garded the ratification Of the constitu-
ton merely as becoming party to com
pact. Unless the sovereignty Of their
States should be clearly defined and
guaranteed, they were unwilling to join
in the new confederation. On the other
hand, another part of the delegates con-
sidered the new government as not being
a confederation at all, but something de-
signed to sapplant confederation. The
one party insisted upon "A union Of inde-
pendent sOvereignties, the other upon a
Capitalization Of power The one re-
garded the general government as thing
subserVient to the States, the other con
sidered it as Supreme over all the States.
The one acknowledged modified allegi-
ance to the national government and a
precedent allegiance TO the State, the
other owned the national government su-
preme and held only a modified allegiance
due the State
Here, again. was 4 radical difference
which must be compromised Accord
ingly the statement in the preamble that
a more perfect UniOR" Is to be formed,
clearly carries the idea that the old con-
federation was so be as least modified
On the other hand. each State is guaran-
.
and all powers not delegated to the gen
eral government are reserved to the
States. The names Union and United
States are a concession to the State
rights men, inasmuch as they seem to
imply a compsct between Independent
sOvereignties. On the other hand the
idea of a consolidated government from
which no part can by any possibility be
separated peTvades the whole tenor and
spirit of the constitution. II this were
not so our Union would be but very little
more perfect than the old one. Yet it
must be confessed that IN the letter Of the
constitution this matter IS left Ia great
uncertainty. No specific clause can be
pointed to which clearly settles the rights
Of the States and determines their true
relations to the general government. We
are left to infer what they are, and sc-
| eordingly we have had a diseonteRted
party In the South claiming that the
| Union is a compact from which the States
/ might withdraw, and party ia the North
claiming that the Union Is Of absolutely
| binding force and eau by no possibility be
| broken up. Upon the latter idea the
war for the Union was fought through,
and it may now be regarded as the correct
| Interpretation Of the constitution as es-
tablished by force of arms.
/ Now this very uncertainty, as it has
/ previously existed, is an inconsistency
! originating in the diverse elements oi
/ which the convention was composed
| The truth, and the only practical solu.
! ton of the matter is, that the Union il
not a compact, as in a previous paper we
endeaVOred to show. The words Union
and UNITED States" are misnomers.-
Great Britain" is a term signifying
consolidated government comprising sew
| eral distinct peoples. So far as its one
ness, and perhaps even so far as its aU
thority, Is concerned, our government i
as iHdissoluble aud as centralized as tht
English Columbia would have beer
far happier exponential name thai
United States
Legally, the Union clearly eauuot be
compact, for the word compact In tn
sense used Is synonymous with contract
But in order to make Il contract at leas
three independent parties are necessary
First, there must be the contracting par
ties, of whom there must be at least two
Secondly, there must be an authOrit
which legaliZes the contract; that is. a
authority which makes it binding, an
which may either enforce it or punish
| derelict party for non-GOmpliance. Thi
authority is termed the law Bur n
> such authority existed when the cousti
tuition was ratified. 1t could not be tn
general government, for that was a thin
not yet in existence. 1t could not be th
law of nations, for that affects only iude
pendent powers. Ii could not be th