The home journal. (Winchester, Tenn.) 1858-188?, 1870-11-24

ut has. indeed, often been charged that
the constitution has become dead letter;
that 1t Is continually violated, and has lost
all Its control over the government; but
no one has ever before been bold enough
to advance theory on the avowcd basis
that it was an executed, and, therefore, I'm
extinct instrument. ! will not seriously
attempt to relutc an argument, which, to
me, appears so extravaganza. had thought
that the constitution was to endure for
ever; and that. so far from its being an eX-1
ecuted contract, it contained great trust
powers for the benefit of those who crea-
ted it, and Of all future generations
which never could be finally executed dur
ing the existence of the world, If our gov
eminent should SO long endure.
IL will now return to the first ResOlu-
ton, to see how the issue stands between
the senator from Massachusetts and myself.
1t contains three propositions. First, that
the constitution Is a compact; second, that
it was formed by the States, constituting
distinct communities; and, lastly, that 1t
is subsistng and binding compact be-
tween the States. How Go these three
propositions now stand? The first, trust,
has been satisfactorily established; the
second. the senator has admitted, family,
indeed. but still he has admitted 1t to be
true. This admission is something. 1t is
so much gained by discussion. Three
years ago even this was Il contested point.
But | cannot say that thank him for the
admission; we owe 1t to the force OF truth.
The fact that these States were declared to
he free and independent States ut the time
of their Independence; that they were &C
knowledged to be so by Great Britain in
the treaty which terminated the war OF
the Revolution, and secured their lnde-
pendcncc; that they were recognized IN
the same character in the old Articles or
the Confederation and, finally, that the
present constitution was formed by con-
vcntion of the several States; afterwards
submitted to them tor their respective rat
itications. and was ratified by them sepa-
rately. each for itself, and each, by its own
act. binding its citlzens,-tOrmed Dody
of facts too clear to be denied, and too
strong to he resisted.
at now remains to consider the third
and last proposition contained in the kes-
oution.-that it is Il binding and sllbslst-
inc compact between the States. Inc SEN
ator was not explicit on this point. I'M
derstOOd him, however, rs asserting that,
though formed by the states, the conStltu-
ton was not binding between the States
as distinct communities, but between the
American people in the aggregate; VINO
IN rnnsnniencr of the adoption of the
Constitution according to the opinion of
t H.. snnntnr became one people, at least to
ely tho nwt"nt nf Tho d.lrvoted mowers, This
. wy i''Iond he a ure,t chance. All ac-
mo a,,I, , tI',t nrnvio,,s TO tile adoption
nl'o w. ,o"S nstit,,t;pn tho States constituted
y; NV .on nI ;nInnnrLant communities. in
esI ''s ''s ~ thnir sovercirnty: and
nuin poi - tI,n ndnntion Of thr constitution
n ,n ,tan,od to ni,rrt thc ~reat and i'm
maa i,,'1 ninnua in tLrir condition which
i,,a H., 't thnor,, nf tl,n senator supposcs. some
a a,i ~ If ouuht to br f,und in the in
st,u, n it.n,f IF nrofcssrs to be A care
81 nmd r,ii nm,,nrarion of nil the powers
With thn States DELEGATED. and of every
,,n,,ia,,tion or thrir nolitical condition
; TI"o''s uom,tnr said that he looked to the
aa,est;tnti"n in ordnr to ascertain its real
oTn nn.tr and nj .nrnlv ne ourht to look to
INA. i W. : " ,,'na,t ~ o,lnr tn ,scert,in
.n1 , ,''ai, ,,ro' WARM in fart made in the
n 'lHt nnnIition If the States and the
pn o,,,,,.,' nnt uitb the exrention of we
f .pu'.'!. '";' tIn nitoI St,tn., in thr
.1lo p.pi'' w ,"' ~ nnin+nd ont , sin~ln
lIan'Dio, ~; t t"' nWs Of tho vr,.at
iI,'!."s'o,i =, Va" hn no,nnivos t,ns been
cnnlse M''Li', . a. m1 '0N1N'.'' IDS
cheetcu III .l''I '.epu.I' ,, Aha. .,o
"NoW' sir' / ihleiiu " pIo'e .nIo .ne
ol,iy argument VI WHY" ,, tnu t,;i t;,,,
Te,ics vi WIS po'I'.' ';"to 'i ",
40 not iliteh" W ~ lii'o .ii.'cai uAa.n
NATION OF tne eNpiess,J'' u Wv plta dnnr,
TO wi'ici nave reitIr a. w nG. ne1 ~.
II necessary. but u i. WIZ" ,. ~ ,,,sii ne
easily SHOWN lnat II - Nv ienst ~ app,.oa a.
be 10 my VIC" vi INC cohs.,.u.'ol na W
that OF the SENATOR anu liltI lhe Wlio'e ~
his argument on 'nls pom: Iests Dn WY
ambiguity OF thc term tiirtecn Oniteo
States; which may mean certain lerIito-
rial limits, compromising Wltnlh then
the whole OF the states ana territories Oh
the Union. In this sense. the people OF
the United states may mean an the people