, 1874-11-26

own cnso, judgea wliotllor tho condition Inns
boon broken or not. That wo aro Il nhtior,'
the Times considers to be only hnlf truth.
1t ia the truth, however, that liaa preserved
people. 1t Is wllolo truth, Just ns TINT VIC
arc confcdcracy IL tho whole untrutli Tint
gave birth to secession and to tho War Of
tue Rebellion, with all its attendant calam-
ities !,
Tho Times would ma1to the United States
tho croaturo Of independent ana sovereign
Statcs whereas tho worry reverse Of this IL
true. Tho United States docs not owo It's
origin or its Constitution to tho States as sep
arato, independent, and sovereign communi-
TICS Tho States did not mako the Conatitu-
tion. The Statos do not amend tho Constitu-
ton. Tho sttcs do not admit new States
into tho Union. It is the Nation that made
the Constitution. It is the Milton that
that admits now states into tho Union. IF
tho several States had made tho Constitution,
tho Constitution would be only compact
between them. But it is not compact. 1t
is, as that e,ninont expountler Of tho Consti-
tuition, Judge Cooley, snys, an "instru1nent
Of government" agreed upon and established
in the states 1y The people. It was not nade
nor ratified by the statos rs sovereign or po-
litica1 communities. 4 convention Of tho
people framed it. stato Conventions, the
Immediate representatives Of the people, ratt-
fled and adopted it. The trainers Of the Con-
fedorate Rebel Constitution themselves con-
fessad that this view of the Constitution was
tho correct one, when, to prevent similar
Interpretation Of their own, they wrote as
a preamble to It: tive, tho people Of tho
Confederate States and each state acting in
it's sovereign and independent character, III
order to forln,' etc. This, too, is the inter-
probation put on the Constitution by the pco-
ple Of tho United States, as witness tho blood
and treasuro they 80 freely spent. As the
eminent Judge already named has remarked j:
i" In tho courts, therefore, in tho Cabinet, in
the halls Of Legislation, and in the arbitration
of armB, the national view has invariably pre-.
| vailed,"-not tile natonal-confederacy view
| ndvocatca by the Times. We wore a milton
! ovon before VIC lad our present Constitution
or "suprome law" we became nation
when the Declaration Of Independence was
uttered aud proclaimed to the world. The
present Constitution merely defined tho pow.
ers and authority which the National func
| tionaries should exercise. ..
The 1nodo in which amendments to thu
Constitution are made shows that We arc I
milton, and in no qualified sense. 1t ia il
the people, not in the States, TINT the powe
to amend the Constitution resides. An amend
ment may DO proposed by the two-thirds ol
both Houses Of Congress, or by convention
called on tho application Of two-thirds Of th
States; but whom do the two-thirds Of boil
Houses, or the Convention when assembled
represent? Tho people Of tho whole co1ln
try. The amendments are submitted to til
State Legislatures. two-thirtls Of which mus
approve; but the State Legislatures represen
tho people, aud its members aro elect
ed by exactly tho same constituent
TINT choose tho Representatives to Congress
Neither the Governors Of the States nor til
jutliciarios have anything to do with passinl
tho amendments. The States, as sovereign
do not amend It is only in virtue Of tho Of
gauic law Of the nation, not ut the caprice c
the Statcs, that an amendment to ths Con
stitution can be uade.
Whom tile Constitution was adopted, the1
were in existence only thirtcen States. Twor
ty-four haye been admitted aince'. These ow
thoir place in the Union to the nation repr'
scented by the Federal Government The
: are tho creations Of tho National Cover,
mont; subordinate to it, not above it. b
foro their admission they were Territories, nj
States. They became States by their admi
: sion into the Union. Before thoir al
: mission they certainly were not sovorcigl
, After their admission they certainly are no
: In what sense, then, ran it be said that tht
! nro parties to confederaoy2 What tht
], hold they hold from tho National Cover
+ ment. al confederacies depend on COL
d pact but, between the States admitted sin
o tho adoption Of our Constitution and Il
i other States, where is the compact2
@ where is the compact between thcm and Il
Ii Federal Government? The notion that Il
it United States is to any extent confedera
J. is based on the erroneous view. that t
y States were sevornlly once soyoroig
IS which they never wera. Even Mr. Madiso
II in whose sohool the writer in the TIN
Is cla1ns he was brought up,-illustrious teac
v GTH QaFt UDGl1 hA0NA ~ AAfo fSA} ~
IS scholars, s,-and whosoideas ind language oye
3, he says, ho has freely used in his article, Sc
ID in tho Federal Convention of 1887: at
b. States mover possessed the essential rights
ut sovereignty. These were always vested
I'd Congress. TLoir voting as4 States in Ce
th gross is no evidence Of sovereignty. 7
no state Of Maryland voted by counties. I
is this make the counties sovereign? I
ke States at present are only great corporate
os with the power of making laws"
ID And 80, when our present Constitution '
H. finally. adopted, it was adopted, not by
30 Sovereign States, but by the people by
ut nation netting through the States aa the III
on convenient way Of expressing tie severe
cy will Of the people,
u- Yet Tho Tribune maintains US jealously
ID any ono that tue division Of the great Am
he can nation, designated States, has cert
11 ~. tt,o n.,oro1 Hopor,,, ~.