Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-03-30
THE sITUATION."
n. CompIIcations-Their origin aud
solution.


NAMhhh -
Tur NoS. CoNsTiTUTIoNAL New STATES.
The Arllcles Of Confederation were sub
mlttcd by the conilnsnlall Congress to the
people of the cplonies for their consldora-
ton in November, 17T0 They wore fully
discussed, aud railaed, and became the
paramount covenant Of perpetual Union
Of the colonies, as a confederation OF States,
March I, 1881, and this while their indie.
pendence as united colonies rested only In
declaration and not in achievement; so that,
although the second article Of their proposed
confederation provided that "oaeh State
retains I've sovereignty, freedom aud indie
pendence, and every power, Jurisdiction aud
right which ls not, by this Confederation,
expressly delegated to the United States 10
Congress assembled" no one Of them In
fact, its date, possessed either sovereignty
or Independence, severally considered; nor
did the OOufederacy OF States, so called, at
the date OF the nnal ratification of those
ariolcs, in fact possess either, except
through the unity OF the general governing
power assumed by, and conceded to, tho
magistracy In Congress.
This Is verified as an historical fact by the
treaty Of alliance, eventual and defensive,
made with France In February, 1T7S, which
reeltee, viz; f'
ARrtuLu7. Tho esIeutlal apd direct end Of
the present defensive alliNnce IL TO maintaiu
eheetually the liberty, Sovereignty and indie
pendenoc, absoluto aud unlimited, (not Of each
Stale or Of the several StAtos, but) Of the said
United States, az well 10 matters Of gOperH'
AnTIdiES, M i,ro coaIracling parfiss shall
each. on ia part, and In the manner u may
Judge most proper, make all the efforts In fft
power against their common enemy, Ia order
| -. 80 In ha ataN aHA
ARrioLEs NtliSsr Of ne ip, parties shan
conclude either truce or peace with Great
BtItain without the fnrmSl eouseet OF the
| other hrat obtsinedI and they mutually engage
| not TO lay down their arms uRil he tndepsH
dsHes ofhs UHhed adiei shall hdp' bscH formal Ny
which shall terminate the war.
Tho de1nitlVe treaty with Great Britain,
by which the Independence Of the United
States was formally assured" and became
absolute, was not executed till September 3,
| 1883, two years and half after the adoption
OF the Articles OF Confederation. That treaty
conceded tho domain and sovereignty over
the colonies, till then claimed to reside In
the crown, not 10 each State, but TO the Gen
ernl Government of the confederation or
the mnglstracy In Congress- I. g., to the
States united and possessing national ca
pucity and government under that desigua-
| tion.
This treaty, as well as the treaty with
France, was negotiated aud concluded on
behalf OF the respective governments or
soverelgnties, by tho national plenlpoten-
tlarles OF each, from which Il Is evident that
the powers thus conceded or yielded to the
magistracy In the Congress by the Govern.
mont Of Great Britain, were not In the
States severally before the treaty.
The Independence which they had prgvl-
ously declared as united colonies was an in
dependence Of the government Of the parent
Power, not Of their own union, or Of the
magistrRcy In the Congress, which was Its
| governing power. Hence the concession Of
Independence and sovereignty 10 the gov
erning power Of that Union, by Great Brit
ain, did not invest each State, or any State
In severalty, with a sovereignty beyond its
own charter precincts, or independent OF
that general governing power, aud there.
| fore the second article Of the confederation
could not be taken as concedlDg to each or
any State In soveralty any more ludepend-
ence Of the general government Of tie
Union than Il previously had Of Great Brit
ain, or than could have been claimed for II
| before the dehniuye treaty was executed.
Yet In its phraseology, though clearly not
| In the Intention OF It's framers, originated
conflict between the several States aud the
general government OF the Union, as to the
nature and degree Of the " sovereignty,
freedom and independence, which were re-
tai'ssd' by each State, and also as to the
| "eyery power, Jurisdiction and right not
expressly delegated to tho United States In
Congress assembled" Hence originated, as
we have seen, the necessity, not Of dlssolv-
ing the Union, but OF changing Its funda-
mental organism, In order 10 make II con-
iormablo TO and In harmony with The sibss-
ssgHsnfly established nationality.
This brings to our eullghted conviction a
| knowledge OF the necessity, and the peculiar
81
| perfect union," or nationality, established
alton of political associations or colonies,
calling themselves States, aud seeking iI1ds-
psHds'Iee OF a parent power. But that IL
must necessarily be, and was, a consolidated
organism, framed by people who by their
common contributions and efforts, irrespcc-
tive of State distinctions, had achieved indie
peudence BY Wrestling sovereignty from the
Power which sought TO subJugate them. TO
They therefore ignored, so far forth, the
subtle sophistry Of colonial or State dlstlnc-
tlous as opposed to q national mAgistraoy,
aud established their unity under a general
sovereignty with absolute and positive pow
ers over all within the sphere over which It's
Jurisdiction was TO operate. Thus, under
this new organism, the life both Of the na-
tion and the States was established upon the
sure aud impregnable foundation Of a popu.
Tar sopNNigmg, !. g., sovereignty deriving
AN9 JuHN IO"Nia AAOuAe huG hNluk HtIpel-
ual existence TO, the will OF tho peOnie. SO
that, under the new Constitution, we Ind the
sovereignty ofthe general government ofthe
union derived, not from the States, but from
the people, Its reach aud Jurisdiction extend
ing over all the precincts described In and
given up by such Dehnlllye Treaty with the
antagonisuc power. ...--
Hence we have the plain, practical, CON-
prehensive and common sense affirmation.
yiRs 90 WE - kIs WaG
STATES, In order 10 form n more perfect
unloni establish justicei insure domestic
tranquillityi provide for the common defence;
promote the general welfare, aud secure the
blessings Of liberty TO ourselves and our
posterity, DO ORDAIN AND EsTABLIsu this
Constitution for the United States OF Amer
ica," that Is for the confederacy OF States, or
the republic so denominated.
This Constitution, therefore, as the su.
preme law, theneeforth limited and defined,
to the comprehension OF all the Inhabitants
Of the land, both sovereignty and allegiance,
whether national, State, Territorial or indl.
Tidual, throughout the domain Of the United
states Of America. .... .....
Once more, and briefly, let us Telterate the
distinction. The great defect OF the Articles
Of Confederation was, that under them the
sovereignty Wrested from Great Britain by
the revolution was claimed to belong to tho |
States exclusively, In their respective aud |
several jurisdictions, and no provision was |
made In them for q national government OF |
supreme power or paramount Jurisdiction |
over the Individual citizen. The Constitu- |
ton was designed to remedy this defect, |
which was accomplished, as We have seen,
by recognizing Sovereignty Inherent In the |
people Of the thirteen original States, by
virtue OF Its conquest, and the deflnltive |
treaty OF peace with Great Britain eouceding
L TO them 10 their national capacity Of the
United States OF America.
, Thus is demonstrated the proposition that
the cOnstitr tional national sovereignty was
vested In the government OF the Union, com
posed Of the original States alone; aud on
every admission Of a new State into this
Union, from that day 10 this, the distinctive
existence Of such union and sovereignty OF
the confederacy styled The United States of
America has not only been distinctly recog-
lized, bat also emphatlcally declared 10 a
OF admission Son dA equal footing
Glib The original States"
Now let It be again remembered that
hese original States, In order to facilitate