The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1874-04-03
THEORY OF -GOVERNMENT-ST
AND NATIONAL.
NUMBER FIVE.
ALBANY, Linn County, Or, !
March Both, 1874. {

that and the subsequent letters
have attempted to show that sover
eighty resides in the people of thu
several States; that in the adoption
of the Constitutions of the severa
State Governments the people part
ed with so much of their sovereignty
for State and municipal purposes as
they deemed conducive to the pub
lie veal, and retained the balance
in abeyance it may be, but neverthe-
less retained; that our Federal Gov
ernment is the creature of these
State sovereignties endowed with
just such powers as is by the Federal
compact delegated to 1t By the States,
and the States retaining all powers
not therein granted or prohibited to
the States that is, all powers not
granted to the General Government,
and such as the States have mutually
agreed by the terms Of the compact
not to exercise themselves, are re-
tained by the States or the people Of
the several States.
These conditions as | have shown,
are deducible from the political char
acter Of the colonies prior to the in
auguration Of the revolution-the po-
litical character of the States after
the declaration of Indepence-the
history of the formation and adj
option of the Articles of Confedera-
tion-the Government then and there
set up--the history Of the formation
and adoption of our present Consti-
tuition, and the EXPRESS provisions of
that compact, in all of which we fail
to discover the action Of "the people
Of the United States as a people
distinct from the people of the sever
al States. On the contrary, they
have always exercised their political
rights within their respective States
and through the machinery of the
State governments. Further evidence
of the federative character of our Gov
ernment is deducible from other pro-
visions of our Constitution not yet
noticed, but some of which 1 will
proceed to examine. 1t manifests
itself unmistakably in the Legislative
department of the Government, one
branch of which is composed of two
Senators from each State, without re-
gard to population, the smallest
State in the Union having an equal
voice in the Senate with the largest
States. But we find this feature
more strongly marked still in the Ex-
ecutive branch of the government
The President and Vice President
are the only elective officers of the
General Government. They are
chosen by electors, appointed By
the SeUerat States, in such manner
as tile Legislature thereof may
Direct" and "they shall meet IN their
respective States, and vote by ballot
for President and Vice President"
and until the fifteenth amendment of
the Constitution became operative,
each State prescribed the qualifca-
ton of the voters and the way III which
its own electors should be chosen. -
If no one voted for for President has
a majority Of all the electoral votes
cast, the House of Representatives
shall choose q President from the
three highest on the list; "but in
choosing the President, the vote shall
be taken By States, the Representatives
from each State having one cote. -
And to constitute quorum for this
purpose, there must "be q member
or members from two-thirds of the
States" Three-fourths of the mem
bers composing the House of Repre-
sentatives might be present, repre-
senting as large proportion of the
popular vote OF the people, and they
could not proceed to the election Of
q President, If ga member or mem
bers from two-thirds of the States
were not present" Thus we see
that the smallest State in the Union
exercises the same voice and as po-
tent an influence in the election of q
President, when that duty devolves
upon the House Of Representatives,, as
the largest State. Where then the
for the boastful and tri-
umphant declaration SO often flung
in our teeth by the friends of a con
sohdated central government, "our
United States Government is Gov
ernment of the people"
Our State governments are govern
ments of the people of their respec-
tive States, emphatically so; but the
people of the United States have no
voice in the General Government;
can take no part in it, except through |
the agency OF the States, unless it be
to fill Federal office by appointment
from the Chief Magistrate, who is
elected by the States. 1t is a govern
nent of the States confederated to-
yether by a written compact for GER
ain and specific purposes; that com
pact is the federal Constitution, and |
herein are set forth the specific pur2 !
poses and powers of the Federal
Government thereby created, and all |
,he powers it possesses are such pow
srs as are expressly granted, and the |
of powers inherit in the |
several States are withheld. This is
made more apparent, if possible, by |
he 9th article of the amendments to
he Constitution, which says: "The |
in the Constitution Of |
certain rights shall not be construed |
% deny or disparage others retained
oy the people" There certainly was
10 design manifested here to cover
Up, obscure or becloud the idea prev
llent at that period, that ours was a
: EederdL G0Ueynment'-one of limit
ID powers granted in specific terms,
md such as were not granted were
-etained by the gIantofs, as will more
ully appear BY the next doth article
# the amendments, which reads:
The powers not delegated to the