National Republican., 1879-07-30
National and state Sovereignty.

1871 to 1850. 1t is important to bear In miud
that the Congress was practically continuous,
and that IL was this Colonial Congress, and not
the colonies or States that proposed the arti-
cles of confederation that 1t was not a union
Of tho colonies or states which was proposed by
the Congress, or acted upon by the people.
Nor was the appeal made to them to become
members of Federal league. That they
were already united, was conceded, and their
Federal dependencies were fixed by their union
They had already submitted to the supremacy
of the Congress as the general governing
power, and were acting under a recognition of
its authority, without its having been invested
with any of the attributes Of sovereignty in
depondeutly of their colonial union.
| The proposition contained in the articles of
Confederation, therefore, was simply n propo.
sition to make the union perpetual. The COM
| pact proposed was a compact for perpetuity,
aud in that compact there was no proposition
for observance or reputation Of their de-
pondency upon the National Government. BY
acceding to it they did not accedc to union
| of the colonies, or, rs they were now called,
| States. BY this act they added nothing to the
supremacy of the Congress rs governing
power which II did not already possess, and
| they ceded nothing over which they themselves
| could claim in severalty, sovereignty, or SUI
L
were every one Of them but dependencies upon
the crown of Great Britain, aud had never been
| anything else. The compact itsel l6created and
secured for each colony while in the Union, a
| sovereignty and independence which 1t had
not and could not have independently of the
| Union.
The compact of the confederation proved
utterly defective as q basis of National admin
| istration. There was no new organization of
| the General Government under it other than
! the appointment of secretaries for the differ
ent Departments, who stood in relation of spe-
cial committees appointed by Congress for the
| regulation of the foreign and home depart
ments In the administration of public affairs
| The powers of these committees were not spc-
| cihcally defined, nor was any such committee
appointed by Congress until May, 1884.
1t Is easy to see the defects of the confcdera-
ton, comparing IL, as we may, with the record
of its incihcicncy and the more successful OPP
GRAFTON of tho present Constitution. But
| when we consider the embarrassments in
which it originated we cannot wonder at its
inefiiciency.
The peculiar circumstances under which a
frame of government was called for; the
grievances and expressions which the colonies
had sustained, and were still smarting under,
from the arbitrary euactmcnts of Parliament,
and the measures of administration in Eng
land rendered them extremely jealous of any
authority to be erected whose powers should
in any degree control their own legislation.
The delegates of the Nation found themselves
in situation at once new and peculiar. They
could look back upon the history of other re-
pubics as beacons to warn, but not MS lights
to guide. The one for which they were called
upon to legslate was without precedent in tho
worlds history. They were not yet in fact
States.
Without the settled consciousness of nation.
ality they could not know what might be their
nh -
had understood the benefits of the Union only
as dependent colonies and with reference
merely to restraining orresisting the arbitrary
extension of its authority by power to which
they acknowledged and confessed all due allc-
glance, and from which they had not even
thought of separating themselves. But now
they had by the declaration of their indepcnd-
ence virtually severed the tie of their political
relationship with the parent State-the Crown
they became extremely doubtful and eau
tious with what attributes they should clOthe
their own National Administration.
The main defect in the Articles of Confedcr-
alton laid in the most perncious of its provs-
ions-that in the States respectively was re.
served the right and the power of carrying out
the decrccs of the Congress and executing
them upon the people within their respective
Jurisdictions, while the General Government
the Congress-had no power by which il could
enforce the States themselves to comply with
, its measures.
Had the colonies themselves been indcpend.
ent of each other when they proclaimed theil
independence of Great Britain, then the SOY.
ereignty exercised over each of them by Eng.
, land would undoubtedly have reverted to each
respectively. Then they might iightfully have
, considered themselves severally invested with
the unqualified attributes of sovereignty. But
there never WAS time in all their past his.
tory when they had not been subject either to
Great Britain or to the Congress and ut the
very time their independence was declared
each and overy one of them had, by the neces-
sites of their situation, and by its own volun.
| tary acquiesence in the exercise of the powers
{ the Congress necessarily assumed, subjected
itself to the direction and control of general
government, which was virtually vested with
these prerogatives Of sovereignty.
a However this extreme idea of State Sow
4. ercignty may have originated, it was this so
called reservation, as if powers which they
! never possessed could bo said to be reserved, II
: was rather the conveyance to the States In
n severalty Of those powers of sovereignty which
. did belong, and must necessarily belong. pnt
). which ought to belong, to the General Govern
: ment, however designated which rendered 4
II Il liielcss and inefficient organization hence i
n resulted that the powers reserved by the Con
q gress were merely declaratory. In the sum
!, mary and expressive language of John Jay
4. They might declare everything and do moth
. ing"
y, However, as before said this extreme ide
OF State sovereignty originated, it was tn,
!, grand defect of the confederation, that il wa
J. recognized and incorporated into its provi
"A siOns. But IL was there, and until 1t SHOULD
bo measureably surrendered back TO its orig
/. iual source the Congress must necessarily b
|, dependent on its will. 70 that will the appea
Is was made.
5, There were many other defects in the con
/. federation of q subordinate character and i'm
a portanco. Great, however, aud manifold u
M the evils were, IL was extremely ditlicult t
II induce the States to concur in adopting an
70 adequate remedies to redress them. For sew
e. eral years efforts were made by some of on
il wisest and best patriots to procure an enlarge
10 nent OF tho powers Of the Continental Con
r. gress; but from the predonlinanco of Stat
1t jcalOusics and the supposed iuCompatibility
v state interests with each other thoy alway
n iuiled. AT length it became apparent that th
20 confederation being left without resource
" and without powers, must soon expire of il
M own debility 1t had not ouly lost all vigOl
Is hut it had ceased even to be respected. II ha
,e approached the last stages Of its decline, an
d the only question which remained was, whethc
ne it should bo left TO silent dissolution or u
II attempt should be made to form more eff
10 cient government before the great Interests
At the Uuiou were buried beneath its ruins
n. W. s. Q.