Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-03-05


/, bers in their collective capacities, with
| out reaching to the individuals OF whom
they are composed" The position, b.
j said, was in the main arbitrary, an,
supported neither By principle nor prece
dent " It has indeed happened, tina
. governments Of this kind have generdHl
: | operated in the manner which the dis
! tinctica taken notice Of sltppOSes to b
: ! inherent in their nature but there havi
been ia most Of them extensive exeep
tons to the practice, which serve Z
: prove, a. far as example will go, tina
there is no absolute rule on the SUBJECT.
, That Is, Mr.. Webster's notion that {
Confederaey Of States could not, by com
pact between themselves, establish {
government proper, acting directly or
Z individuals, was more subtle than aeeu
rate > arbitrary supported neither by
principle or precedent
He added that, 90 the definition of a
Confederate republic seems simply tC
be an assemblaige Of societies, or an as.
sOc5dtiOn Of two or more States in one
State. The extent, notifications and
objects Of the federal authority, are
mere matters Of discretion. So long az
the separate organization of the mem
bers be not abolished; so long as it ex-
1 local purposes, though it should be in
/ perfect subordination to the general au-
thority of the Union, it would still be, in
| fact and in theory, an association Of
/ States or q C0nfsderdcy." The proposed
| Constitution, he said, made the State
! governments constituent parts of the
national sovereignty by their direct
| representation N the State. The gov
ernment, he said was still a Federal
| gOvernment5 and the distinctions
| insisted on, are the novel refine
ments Of an erroneous theory
In the 18th number, Mr.. Hamilton fol-
lowed out the idea and said that If it
were possible az any rate to construct a
federal government, capable of regula-
ting the common concerns, and preseTv-
ing the general tranquility, il must be
founded, as to the objects committed to
its care, on the principle of di
rect action on individuals. It must
carry its agency to the persons of the
the citizens. It's majesty must be mani
tested through the medium Of courts Of
justice The government Of the Union,
like that Of each State, must be able to
address itself Immediately to the hopes
and fears of individuals; f; must possess
all the means, and have a right to resort
to all the methods, Of executing the
powers with which it is entrusted,
that are possessed and exercised by
the governments of the particular
Statesu
y sovereignty over soveTeigus, a
government over governments" Mr..
Madison said, in the Goth nnmber, "
legislation for communities, as contra
distinguished from individuals, as it is a
solecism in theory, so in practice it is
subversive Of the order and ends Of civil
policy"
If we are ia earnest, - Mr.. Hamilton
said in the 23d number, about giving
the Union energy and duration we must
abandon the vain project Of legislating
upon the States in their collective ca
pacities we must extend the laws of
the Federal Government to the indi- I
vidual citizens of America.
The Union ought to be invested Wish 1
full power to levy troops /
Confederate instead Of a sole govern /
ment. The government Of the (
Union must be empowered to pass all (
laws and make all regulations which 4
have relation to them" fleets, armies
and revenuesl the Union con-
stituted the guardian Of the common
safety.u
And, in the 27th number, he said 1" a
government like the one proposed,
would bid much fairer to avoid the neces-
sity for using force, than the species of
league cOutended for by most of its oppo-
leBts, the authority of which should
only operate upon the States iu their po-
itical or collective capacities.p Where
fore, he said, the conventions plan pro-
posed TO eGteHd " the authority of the
Federal head to the individual citiEens of
he several states" and so enable the
70 employ the ordinary
Of each, in the execution Of
It's lawsu
In the 3Sth number, Dir. Madison,
the various objections taken
% the proposed constitution, said, that
1ne was, that " II Is not q Confederation
lf the States, Dat q gOreganlept 0yer fg}di
ljCtt.disi That Is precisely what Mr..
Webster undertook to demonstrate, with
much iHfelicitg Of argument. Did Mr..
Madison admit this, or that one of these
,ould not be or produce or create the
)ther? No. He first proceeded
% show what grGs the nature Of the
lew constitution Of government, and
hen said, in the 40th number, that it
vas not impossible for the articles of
confederation to be moulded, by atera-
ions and new provisions, under the au-
hOrity given by Congress to the cOnven-
ion into a national and adequate
,overnment,--intO such an one as the
had proposed. He was
Meeting and refutiDg the precise prOpo-
tion of Mr.. Webster, that the Confede-
ion and kcmpact between the States
vas abaFs.oned, and a government
roper frmed, inconsistent with the
dea Of a c0mpacg.
The change of title, adopting the name
Constitution instead Of Articles of
Confederation, he said, was of no i'm
in deciding whether the con-
7entiOn had so exceeded its powers.
There was power to change the title to Il
insert new provisions, to alter old ones.
Those, be said, who c0ntended that the
,ower was iufringed, though a part Of
be ola articles remained, ought at
east 10 mark the boundary between au-
horized and Usurped innovations be- 4
ween that degree Of change, which lies
within the compass Of alterations and
ltrther provisions, and that which :
mounts to "A trUBsulUtGt5Og Of the gov
rnment. The Fundamental principles Of
he Confederation, he said, mere not
Gried. The States are regard j
d, by the proposed constitution, /
as distinct and Independent |
overeigns.' If, he said, these funda-
mental principles required that the
awers Of the government should act on
be States, and not immediately on indi- j
iduals, the powers of the new govern !
1eut would, n some instances, so act {
pen the States in their collective char [
cters: and "in some instances, also,"
g said, "those Of the eEiStiag govern /
lent act Immediately on Individuals.
n eases Of capture Of piracy; Of the '
f; Of coins, weights and meas s
res of trade with Indians; Of claims {
nder grants Of land by different States f; 4
nd, above all, in the case of trials by .
ourt Martial in the army and navy, by