The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-04-11
be preserved in the States, or the exis-
tence Of States secured.

The union existing between the State
under the Articles OF Confederation wa!
! superseded by the adoption OF the Fed
eral Constitution, which, when ratified
by nine States, was to be binding be.
tween the States ratifying the same.
Had any one OF the original members
of the Confederation withheld its assent
to the Cons tuition, it would not have
been bound by it. 1t required their
unanimous concurrence to make it bind
ing upon all. North Carolina and
Rhode Island Withholding their assent
Tor some time after the new Govern
ment was put into operation, were treat
ed by Congress in ils legislation as 'or.
eign Sta;es. Use, act passed July 81,
lIS9.)
The nature OF the Government itself
suggests the reasons why the unani'
nous assent OF the original thirteen
States was necessary 10 establish be-
tween themselves the new Constitut on.
The Confederation was TO be d SOLVED
and the frame OF government existing
under it was TO be superseded by auOth'
er which drew from the States add'-
tionsl powers and oade essential
inroad- on their constitutions. The
sovereignty OF each State WAS to he
diminished and the new GoverumcE;
was to he vested with larger powers
than were bestowed upon the older one.
Such concessions could not righttulIy
I've Coerced from sovereign ana inde-
pendent States. and could proceed only
from the sovereign power in each State,
the people
Since they, in the formation OF each
State government, had distributed it,
powers among thrcs separate, co-ordr
ma or! ip.i"rcndrrt dcrar'men :,
and had limited those powers 10y Il
written Constitution, no one OF these
departments, nor all combined, were
! invested with the sovereign power OF the
STATE. They were merely the creatures
Of that power: their scope OF action was
, limited and defined. and each repre-
-enteI Only so much OF the sovereignty
Of the State as the people had seen lit
10 confer upon IT, The legislatures
therefore were not competent to assent
TO the proposed delegations, end when
| the question of ratification was dis
cusSed in the Federal Convention, il
was determined that none but the people,
or body chosen by them, representing
the entire sovereign power OF the State,
could assent 10 any surrender OF It's
powers. Mr.. Madison said that
at il clear the Lee, slatureS were III
competent TO the proposed changes
These changes would make essential
inroa3S on the State Constitutions and
it would lie novel and dangerous doc
trihe that a Legislature could change
the Constitution under which it held rs
existence.
II the doctrine had been admitted
thst the Legislatures were competent
10 make such DELEGATIONS, though they
were bat few al defined in their
character il would have followed that
if they could delegate part, they
could delegate the whole, aud snbvert
the governments OF the States and make
the creature greater than its creator.
Truly did Mr.. Madison say that the
doctrine was a novel aud dangerous
ore, ard it is to-day as dangerous, II
not 50 novel, as it was then.
This novel aud dangerous doctrine
has been pat into practice in the ratl'
feat on Of your amendments. The
State Lcgis 'a,urcs have been appealed
to to delegate to the Federal Goycran
ment additional powers which make
essential inrOada on the State Consti
tutions, and produce changes therein
which they have 10 power to make
They have undertaken to change th'
organic law OF their States and sc
diminish their sovereignty by dclcgatinG
10 the Federal Government such new
and additional powers as the right tc
determine citizenship in the Safes, the
qualifications for office and the control
OF suffrage, and in doing so have usurpcd
control over subjects which by the
several State CONSTITUTIONAL know o.
no cxccp'on-have been placed entirely
beyond their jurisdiction. Suffrage
being ornamental right oil sovereignty
is secured by the State Constitutions
agaiu,t legislative control; - also arc
the rights OF citizenship AMI N" quail
fications for office
1t ia indeed n dangerous ioctriuC 10
admit the right of Que department, Of a
State Government 10 interfere with
what belongs exclusively TO the people,
aud tn assume TO DO that which they
alone. or a boiy expressly chosen 10y
them Tor that purpose, are competent
to do. 70 admit the validity Of mere
legislative assent 10 such radical
CHANGES OF the very forms Of goIern-
mtnt, both State and Federal, is to rest
the entire fabric upon no more suhStan-
rial basis than legislative aclion, and
"a one LEGISLATURE, unless restrained
hv the Coustitut OF, may undo what a
previous Leg stature has done all idea
OF pcrmanencc or stability IN govern
ment is destroyed; Tor whenever amb :
ton or corruption can bring such lntlu-
euce= 70 operate upon the Legislatures
Of the States 81 will induce them TO
consent to such changes, tie govern
men,s. both s ate and Federal. may a7d
will lie subvered.
Before proceeding further " ID the.e
remarks. have a word 10 s2y 10 rrls-
ton 10 the Thirteenth Amendment,
While it differs N its origin from the
Fourteenth and Fifteenth Amendments
in that the seeding Sta,es were volun-
tarily absent from the Congress which
proposed it, yet from its nature, az an
Unauthorized encroachmeDt upon the
rights Of the people Of the States, aud
from the manner Of its pretended rati
f-aion, in my judgment it is equally
unconstitutional, and coDfc-s a tile to
eedom not by any means rec from le