Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-02-04
JUDGE STRONG UPON THE CONSTR.
TUITION.
Interesting Exposition by q Qualifie d
Authority.


TUITION.
Interesting Exposition: :issnionsy a Qualified
The second Of q series Of lectures upon the
Constitution Of the United States was delivered
by Judge Strong on Saturday evening before the
students Of the law school of Columbian Univer-
sity. The constitutional convention and its
labers constituted the main topic of the lecture
The problem before this body. said Judge Strong
was that of establishing general government,
sufficiently strong, yet so limited as not to en-
danger the local governments. To it the diff
cult task was entrusted Of providing for one
territory and one people, two governments.
each powerful in some respects, powerless in
others, and working together without friction.
While 1t was necessary to give strength 10 the
general government it was also important to
take into consideration the popular idea of the
dangers Of Capitalization. The people favored
the greatest freedom to individuals consistent
with good government. They were accustomed
TO that self or home government in domestic af-
fairs, which is the best preservative of liberty.
Two preliminary points In respect to the con-
sttutional convention may be noted. First, the
call for the convention recognized the coBtnu-
ing force Of the articles of confederation by
setting forth that its sole express purpose
was to secure revision of these articles But
the convention transcribed its powers 1t
framed an entirely new instrument, submitted
1t to the people. not to legislatures or states.
and provided that ratification by the people of
nine of the states should be sufficient as be-
tween them, though by the articles of confeder-
alton the consent of all the states was necessary
to any change The adoption OF the instru-
ment worked peaceful revolution. Secondly
the states were not at this time, nor had they
ever been. independent sovereignties in any
other than limited sense. Prior to the Declar-
alton OF independence they were subject to the
crown. The Declaration was not an instru-
ment Of state sovereignty. 1t sprang from the
united action of the united colonies through
their legislative representatives. Under the
articles of confederation the states had not soy
ereignty. in the sense of complete supremacy
since there was general government con-
trolling their foreign and some of their internal
affairs.
The convention assembled at Philadelphia,
representing all the states but Rhode Island,
contained many of the ablest and most distin-
guished men of the day. It was soon perceived
that nothing less than strong national govern
ment would be sufficient. Shay's rebellion had
its effect in producing this conviction The
labOrs of the convention were long and thorough,
each phrase being carefully considered. When
It's task was completed, it used the Congress
assembled under the Articles of Confederation
as means to effect the Introduction of the new
government. When the Constitution had been
ratified by the people of nine states this Con-
gress was to fix day for choosing electors, ETC..
in accordance with the provisions of the instru-
ment.
From letter addressed to this Congress bv
the convention, in explanation of its labors. it
appears that the object mainly kept in view was
the consolidation Of the Union, in which was
involved felicity. prosperity, and, perhaps. ma
tlonal existence. Within q year after its sub
mission the Constitution was ratified in eleven
states not by states as political entities, not by
legislatures, as the Articles of Confederation
had been adopted, but by the people through
conventions. The reasons for submission of
the instrument to the people are set forth in
Madison's reports of the debates in the conven-
! ton. Madison recognized that the new govern
ment was not league, or a treaty, or COM
pact. The idea of a confederation of states has
no solid foundation in the history of the times
The conventions in the different states adopted
the Constitution as " delegates of the people.
in the name and in behalf of the peo-
pie"
Judge Strong then discussed at length.
the theory which. he said, seems to have
been held by Jefferson, and was certainly
held by Calhoun. that cur government is
mere league Of states .sfounded on con-
tract between bodies polite. He quoted the
Virginia declarations, and the Kentucky resolu-
lions of 1873 and said that if they were accepted
as stating the true doctrine, the United States
were held together by rope of sand Nullif-
cation and secession were lawful. not reyolu-
tionary. But our government is not a confeder-
alton of states The constitution in terms pur-
ports to be the act of the people of the United
states. 1t was ratified by the people without
regard to local governments. The instrument
and the laws in pursuance of it become the SUI
perior law of the land. By it court was Gre
ated with powers inconsistent with the idea of
supreme power in the states This court was
made the sole final arbiter of the extent of the
powers of the general government, by the par
ties whether people or states, who adopted the
constitution
The doctrine, then, of the Kentucky resolu-
lions that, viewing the constitution as COM
pact the states have no arbiter and each has a
right to judge when there is an infracton is I'M
true for the instrument itself provides an ar
bitter. The Supreme Court early repudiated the
idea that the Union is mere confederation of
states. Chief Justice Marshall was quoted, and
other references on this topic were given, and it
was shown that when the constitution was rati-
fed national government was established
operating directly upon the people and indie
structable by state acton and that this general
government is as truly government of the peo-
pie of the United States by themselves as are
theetate governments. In conclusion, Judge
Strong gave summary Of the rules which should
guide the student in constituting the Constitu-
ton.