Oregon Republican. [volume] (Dallas, Or.) 1870-1872, 1870-04-09
debates ON its adoption.

4
forming compact or contract of the
greatest Importance. 1t is matter of
surprise to see the great leading princi-
pies of this system still SO very much
/ misunderstood. I cannot answer for
what every member thought, but | be-
lieve it cannot be said they thought
they were making compact, because
:. | cannot discover the least trace OF a
compact in the system. There can be
no compact unless there are more par
ties than one. It is new doctrine
that one can make compact with him
self. The convention was making con-
tracts with whom | am unable to
conceive who the parties could be. The
States governments made bargain
with each other. That is(the doctrine
that is endeayored to be established by
gentlemen in the opposition their
State sovereignties wish to be repre>
sented But far otherwise were the
ideas of the conventions. This is not q
government founded upon compact.
1t is founded upon the power the peo>
pie. They express in their name aud
their authority, we, the people, do or
dain and establish, &C."
This was the plain reasoning of al
the friends of tho Constitution, and
all those who advocate its adoption.
The following is from the people OF
Virginia to their members of Con-
grcss:
"Government without coercion is a
proposition at once so absurd and con-
Trajectory that the idea creates o con-
fusion of the understanding. 1t is
form without substance; at best a body
without soul.
This is the opinion held by the adj
voeates of constitutional liberty at the
commencement of our Government,
and VIC hold it now to be the true prin>
ciple. In the language of an eminent
writer, we ask, ''if the Constitution is
compact, wherg and how did the
Union become party? II compact
why is it never SO denominated, but
often and invariably in the instrument
itself aud in its amendments styled
bthis Constitution and If a compact
why did the trainers and people call it
the supreme lawg Even if it could
be considered compact in any sense
before its adoption, the moment the
people declared for it, it became an ex-
ccutci contract and at once stripped of
all. the clements Of a contract to be
performed By any party.
| The enemies of the Constitution.
when the same was before the people
Tor action, admitted that, il adopted,
it would establish the very form of gov
ernment for which we now contend
In the Virginia debates, Patrick Henry
said: "That it is q consolidated gov.
ernment is demonstrably clear The
language is, We, the people, instead
of We, the States. States are the char
acteristic and soul OF confederation
If the States be not the agents of the
compact, it must be one great consoli-
dated government of the people of oil
the States" The enemies and friends
alike of that instrument admitted, in
all the States at that time, as the re.
cord will show, that if it was adopted
and ordained by the people as the su.
preme law Of the land, then, under it,
we should have great national sover-
eighty, the people.
But soon after came this unfortunate
construction of which We speak, and
upon it the country became divided.
and still is, and the only question to-
day before the American people is
whether we are national government
Of the people, who alone are sovereign,
ora confederation OF independent States.
IF the former, and the people so de-
clare it, then the great experiment to
establish republicanism is o success; if
the latter, mournful failure.
The Supreme Court, as We have said
has always been divided on this all i'm.
portant question. Chief Justice Ia
ney, and those members of tee Court
who held with him, agreed "that the
powers of the general government. .are
divided by the States, who alone are
sovereign, and must be exercised in
subordination to the States, who alone
possess supreme dominion" On the
contrary, Chief Justice Marshall and
Justice Jay and other members of the
Court, always held that this was a gov
ernment by the people, and the reason
ing of a majority of the Court, in the
i aa ri Mc(1uliach va MARYLAND vaa