Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-03-08
1.-THE SITUATION"
It's CompIIcatioBs-Their Origin and
Situation.
NrMnHR

!
Of positive government deriving lie sover-
eighty from the people. I,s organism was
based upon the theory Of a sovereignty In.
herent in the people by virtue Of their con-
quest over the imperial parent power.
In that contest tho Anglo-American sub
jects OF Great Britain, irrespective Of colo.
NAL or State distinctions, wrested from the
Crown not only tue Imperial right OF emil
eminent Jurisdiction over that domain and
the people inhabltlng therein.
This superior sovereignty was assumed
and exercised In all places over all the peo-
pie by the maglstracy In Congress before the
revolution was actually accomplished, and
before our national Independence was con-
coded by the Grown and Parliament. By
the deHnltive treaty Of peace the Sovereignty
heretofore exercised by the Crown was ceded
to the Congress as representing the national
body polite Of the confederaey styled The
United States Of America.
The States wrested at least the exercise
OF the main attributes Of supremacy from
the magistracy In Congress under the con-
federation but 10 the FEDERAL Constitution,
as we have seen, these prerogatlyes were
surrendered or referred back 70 the people,
aud were by them again vested In the Gen.
eral Government OF the Union under the
new organism provided by the new Consti-
tuition.
Now, II We calmly aud fairly look at the
covenants cementing "thls Unlon," as the
fathers framed II, aud as they aud the peo-
ple-aye, and also the States Of their day
perfected aud perpetuated its organism I'M. |
der the new Constitution, and compare those |
covenants with tho covenants and conditions
Of the Union as Il IL claimed to exist, and
perhaps In some such sort does exist at the
| present day, we may be enabled TO under
stand more clearly and 10 unravel more ef-
fectlyely the complicated Issues which even
now agitate, aiiet and actually imperil the
| life and harmony OF this Republic.
| have said that the constitutional Union
consisted Of the original States alone, They
we're both Its origin aud It's essence They
| were not the creations OF tho Constitution
or OF the Congress. They originated indie
pendently OF both, and before either, and,
by virtue Of such origin, were Tie only HEni-
eipdlitiSs recognised by the trainers Of the
Constitution as having and being normally
entitled TO retain aud maintain perpetually
a distinct, tangible, and guaranteed State
capacity In "thls Union"
This was so primarily. But proySlon
| was also made for the creation OF additional
| or new States, which should have like
constitutional recognition and like indie
/ pendent organic existence, and should stand
| Ia this same Union as original members
Il
original States, Of which the Territory out
OF which they were TO be created was origl-
| nally part. They were TO be ingrafted as
natural branches, deriving their origin, life,
| aud sustcnance from the same root whence
sprang the original solve Tree"
In later times, however, this constltu-
| Ilonal organism Of the Union came to be In
fringed, aud the constitutional rights und
interests Of the people and States composing
It were materially complicated and com.
promised by the acquisition OF foreign terri
tory, aud the creation and addition Of other
new States formed out Of such territory.
These were branches grated In, as II were,
CONTRARY 10 nature" from tho "Wlld olive
tree" They bore not tie root, nor the root
them. They had not, have never had, and
cannot have (Wlthout an amendment OF tho
Constitution, Of which quereO any recog-
mixed, guaranteed or independent municipal
existence, Independently Of ths being aud The
EniOH Of ts original States.
So that II the union OF tho original States
as guaranteed by the Consultation were dis
solved or severed, or their distinctive ex.
lstence, or the distinctive State existence Of
any one Of them, were destroyed, the whole
would be destroyed. There would be no
valid Constitutional organism to uphold aud
sustain the hitherto guaranteed national
| life. And this for the reason that the guar
antees Of national and State life, under the
Constitution, are reciprocal, aud the condl
: lions Of their mutually distinctive aud per
Q petual existence arc fundamental.
a We have, then as now, composing this
Union three distinct classes Of States, or In
dependent municipalities, which may be des
Y ignated thus, viz: FIRST, TIE thirteen origind
States, SECOND, Ih Con.iitn!iSs a EFffS STATS
By Constitutional nSv SLRss we mean State
formed under the provisions OF the Constitu
= tlon out Of the old original territorial do
J | main, the property OF the United States In
common, or OF any State In severalty, al
tho time the condition was framed ant
adopted by the people Of the United States.
By non Constitutional Hsp States we meal
? States formed out OF territory foreign TO thu
, precincts Of the United States at the tim
the Constitution was adopted, aud who's
possible existence or creation were not know
: to, or contemplated by, the trainers thereof
s We might also add, perhaps, as In som
sort belonging to this class, the new State o
!, West Virginia, which is at best Of anoma
$ lous II not non constitutional origin.
J Now here let US repeat what has already
, beon clearly indicated, and let the reader
carefully note the observation, Wis that the
understandable and lndlssolublo nature Of the
constitutional national organism, and the
J equally indestructlble aud independent or
D | gauic life of the original States composing
, II, are primary, coeVal, co-exlstent, co-equaI
and fundamental conditions, upon he per
psfiIdl observance Of whieh, IN hsir origind
! Integrity and Intention, the phot dTuefurs Q
I this great Republic rsSti. -. -,
This is indisputably and historically true
| Where Is secession then 7 and where recon
structloni Both are excluded. By wis
lawf By the laT 81 constitutional life
l. whether state or national. How have the
A obtained themt BY the law Of sin and deaf
=. both originating In species OF politics
- sophIstry, sprung into being since the Cor
ID stilutlon was adopted, and gaining ascer
p dancy by complaining the questions Of GU
ar national unity aud State seYeTalty, our
:, PiUrl6uJ UHuBl, with the idea Of an admit
y SION into he Union, VIthow regard 10 he fact
Il connected Vih our governmental dnaGlS.
Its fallacy as to the original States may
n sufficiently Indicated by the historical fec
that there never was time In all our rev
lutionary history whom they were out Of u
T. Union, whether as colonies or StAlesj so tha
l. to speak OF them as having been GdmRts
ia into ''thiS Union" as In anywlso being out {
N 1t, or by any particular or peculiar process
OF induction which could possibly Involve
II right Of secession or disruption therOfrOm
u is an altogether mistaken and erroneou
g. phraseology.
-, 1t was not so said In the primal colonla
y union under the covenants Of nonImPorta
d ton aud non -consumptlon OF October "a
c liza. 1t was not so said In the continental
union under the martial manifesto OF Ma
, 20, 1875. It was not so said In the revolt
tlonary union under the Declaration Of II
q dependence Of July (, ITO. Nor was 1t s
Q said all along thence to and through the
N union as States under the confederation {
., March 1, 1881. True, We Ind among thoi
Vi articles provision, VlLi
r. "ARTICLE XII. CdHGda, according to this col
@ federation, and Joining In the measures Of Il
United States, shall bs ddmihcd info, and e
&C titled to all the benefits Of HdJ union, but 4
nj other colony IhGH BE- GdHlifsd iniO the same, nj
~ less such ddAfSIioH shall be agreed to BY niI
ID Statesn IT,, nine Of the original hirtssR name
as then composing such confederation.
Here, again, II must be remembered, wa
, a union spoken Of as already existing, an
It which 1t was proposed, not to dissolve, bJ
Il TO make perpetual, under the confederat
IA style of UHitsd States Instead OF UHited COL
aie5, as they were primarily and hlthert
% called. The thirteen colonies were all
;, them already members Of this Union. The
Y were in Ii. They were IN rsdlIiyIT In thI
:. their Union, neither Canada nor any othC
-.