The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-11-08
IS THIS A NATIoN9

ANA thAVAt - saAS "%"bAehS vs. tAAs AAAA'
cles oithe Confederation, or form more
perfect Union" In the words Of the Con.
sIItution, or did they form no Union at alll
Can the United States cocfce State, that
Is, all the citizens thereof These ART
questions that have divided parties for q
hundred Year,. Can It be possible that
they will divide them for u century to
come.
The question Of sovereignty Is Ques.
ton not Of theory, but Of TACT, The plain,
historical lact Is that no State, save Texas,
was ever for one hour sovereign, or ior
one hour Independent. The colonies
we're originally dependencies Of Great
britain. That the powers and prerosa.
tives Of sovereigns were at nBt vested in
the British Crown Is as indlsputable Al
that dependent colonies existed.
When did England surrender her claim
10 sovereignty Jurisdiction and dominion
over the territory oil the thirteen Colonies
which formed the original thirteen States
Not until September, 1853, by the tleilni.
tive treaty oil peace ct Paris. There was
no promise or agreement 10 make such
surrender until November, 1852, when
the provisional treaty was signed. Ii
might be said that Great Britain did NOT
possess the power to enforce her authorize
and dominion subsequent To tho Burren.
der Of CORVALLIS In October, 1881. Let
this be admitted. but prior to the delinI.
tive treaty Of peace, prior 10 the provis.
ional treaty, and piior 10 the surrender OF
CORVALLIS, to.wit, In l777, four years be.
fore the collective independence OF The
Colonies had been established, the Artl.
Cles OF Confederation had been agreed 10,
and during the following year were ratified
BY the required number Of States.
WHAT DID THE COLONIES SURRENDER?
What did these dependent colonies
which had assumed the name OF indie
pendent States = that Is, collectively
indep0ndent-give up 10 this first Gov.
eminent Of the Union?
!. They agreed that mo imposition
duties or restriction shall be laid by any
State on the property Of the United
States, or either Of them"
2. Each State surrendered the right Ia
enter into any treaty, confederation, OF
alliance with the other States, or with any
foreign Prince or State.
]. Each State surrendered the right d
keep up vessels OF war In time Of peace, OF
any body Of forces, except what the United
States deemed requisite.
4. Tho right which belongs 10 every soy,
ereign power to engage in war was sur,
rendered, as well as the right to grant
commissions to ships Of war or letters d
mArque or reprisal, except on conditions
.. Each State agreed that the United
States should have sole and exclusive
power Of determining on peace and war
Of sending and reeeiVing Ambassadors, o.
entering into treaties anil alliances, Of de,
Gliding the legality Of captures on land o,
water, Of regulating. the alloy and the value
oil coin, Of liking tho standard OF weights
and measures, Of regulating the postal
service, OF borrowing money and emitting
bills Of credit, oil appointing all the OIL
GERS 10 the navy and the higher oiEicert
in the army, OF deciding disputes and dif
ferences between States "concerninp
boundary, jurisdiction, or any other cause
whatever"
"And the articles oil this Confederation
shall be inviolably observed by every
State, and the Union shall be perpetual
was the solemn pledge Of the Original
thirteen States. Now, when each OF these
States bad delegated, Invested itself Of, Of
surrendered all the powers and preroCa,
tives that distinguished sovereign State
how could such State remain sovereign
TUE VITAL POINT
Is, not what are the powers reserved, but
what are the powers delegated. II Inc
chief essential powers are pTerogatives oil
sovereignty are surrendered, It matters
little what inferior powers may still be
possessed by the subordinate or dismap.
tied State. II those geographical divisions
We call States, then, were not sovereign,
supreme, or independent under the I'D
sand.rope Confederation, they have Gssur.
eddy been so at no period since, for the
Confederation was found defective and
wiped out OF existence because the Cen.
trail Government lacked the physical
force to compel the States TO do what they
had solemuly pledged themselves to DO,
With all the delegation Of sovereign DOW.
ers TO the United States there was still not
Capitalization oil power enough. The Con.
stitutiOn OF l77S was accordingly framed
for the declared purpose OF subordinatinV
the States more securely TO tho United
States, and q supreme National Govern.
ment was formed with ouralmost century,
old Constitution rs the expressly declared
supremelaw.
And II "the Judges in every State, +" that
is, the recognized Interpreters OF law,
shall be bound thereby, anything in The
Constitution or laws Of any State 10 The
contrary Notwithstanding" II would be
difficult for human ingenuity to conceive
how a higher or paramount allegiance
could DO due TO any authority above the
supreme" law, or the Government Of
which II was the soul and source, In fact,
the Court OF Appeals OF the State Of South
Carolina has decided in the State VS.. Hunt
e Hill South Carolina Reports) that the
oath Of allegiance 10 South Carolina was
unconstitutional aud void, because lncon.
sistent with the allegiance owed BY The
citizen TO the United States Government,
This was case arising under the nullil.
cation laws OF 1882. The late Southern
Insurgents were therefore In the wrong,
according 10 tho Enreyersed decisions Of
their own judicial tribunals.
THE CONSTITUTION or TODAY,
therefore, with tenloId more distinctness
than the Articles which 1t supplanted,