Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1884-05-24
OUR CONSTITUTIONAL HISTORY
No. IL.

We have now completed the review. A
we look back, we find that our country hs
passed through the following political stage
or periods:-l. Colonial; subject to Greu
Britain and independent of each other
lG07-1I76. 2. Congressional; Independent O
Great Britain and also of each other except q
allied by an advisory congress. No common
government. July 4, 17i6 to March l, 1871
3. CONGREGATIONAL; Independent states, band
ed together by the Articles of Confederation
a simple league of alliance offensive and de
fensivc. No common government. 1871
lisS. a. Constitutional; sovereign states
united in one general national government
l7s9-ls65. &. Consoiidated; the sovereign
states become mere municipal divisions of
centralised NATION. lS65-. These are tn,
five seas in which our ship of state ha
ioated.
There Is doubtless u difference of opinion
| as to the last of these periods. MANY viii
question whether the War Amendments hay.
wrought this radical change in our govern
ment. 1t is Layman's judgment that, if tn,
transformation has not already taken place
these are but the beginning of the end above
Indicated. When the supreme court Cal
render such decisions as it did on the lcsa
tender issue, and, especially, when sucl
statesmen as Lamar and Garland can advo.
cate the Blair Education Bill, "Icbabod, ba,
been written upon state sovereignty as an ele.
ment of our political government. We ma,
prepare ourselves for consolidation, if it LA.
not already come.
/ We shall close this review by an analysis o
our government, as it is found in the original
constitution prior to 1865. ...., ..rr
]. 1t Is gcce,nnent. 1t was the first gov
ernment which the country had, outside OF
the states, after its Declaration of Indepen-
dehce. A municipal government Is an agency
for the administration of civil law. During
the congressional and confederation periods
there was no general law, and no govern
mental power to make, apply, % enforce it.
This Is the great mistake made by the South
Carolina school of statesmen. Mr.. Stephens
very ably represents this view, and very art
fully presents every fact that can be brought
TO sustain 1t. His radical error lies right here.
The Articles of Confederation DO not form a
government, but the Constitution does. The
difference between them is all that is implied
III this simple but weighty fact. If this be
true, then 1t is Il serious error to assert that
the constitution is essentially like the confed-
Grafton. The constitution ordained and es-
tablished government, a general govern
ment different from the local government of
the states.
ii. 1t Is complete government. In the ad-
ministratlon OF municipal law, there are three
indispensable functions to be discharged.
Law must, first, be made, or officially, au-
thoritatively declared. Law itself is made
up OF precept and penalty. The preceptiye
element consists in the enunciation of the
principles OF justice, which are to regulate
the relations Of men in society. To state it
more simply, the precept is the authoritative
declaration of what is to be done and what is
not to be done by those subject TO the law.
ihe penalty is the sanction for the precept,
the punishment to be inflicted in case the
precept il not obeyed. The first duty of
government is, therefore, to declare law, to
SET forth its precepts and its penalties. This
~ its Legislature function. 1t must then appLy
lhe law thus declared to individual cases. to
determine who has violated the precept and
incurred the penalty. This is its judiciul
power. When it has found and convicted the
criminal Of disobeying the precept, it must
emf0rce or execute the penalty. This is its
'reeutsrs duty. The constitution provides for
legislative, judicial and an executive de-
partment for the U. S. government. Not only
are all these departments of government es-
laDiished, but they are administered each bv
distinct class of officers. They are separate
and independent of each other; not absolutely
so indeed, but to a remarkable degree.
I'LL. 1t is constitutional government. But
itt'e need be said here, as this is manifest.
The various departments of the general GOV
their relations to each other, 10 the
.tates, TO individual citizens, and to foreign
states, are here authOritatively and clearly sci
orih in writing.
lV. 1t is popular government. We mean
~ thls, that II Is government which recos-
nizes the original, ultimate, absolute soyer-
.ishty OF the people. The people are the
Hale Is Its fundamental principle. 1t recoy-
lizes neither nobility nor king, neither aris-
ocracy nor monarchy. OF this there can he |
10 question. Tue first words it utters an
lonhce this Enthusiastically, "We, the people of |
he United States, do ordsin and |
stablish this constitution" The tenth amend |
neht Is an emphatic repetition Of il. The
atifying conventions all attest it. Delaware
ays, 1--WE, the deputies of the people.-
" In the name of the people.',
'ew Jersey, I'VE, the delegates chosen by
he people," Georgia, I've, the delegates of
he people. Connecticut, "Iu the name of
he people," Massachusetts, "In the name
nd in behalf Of the people," Mary land, I'VE,
le delegates Of the people" Suuth Carolina,
ln convention of the people" New Hamp-
hire, "ln convention OF the delegates of the
eople' Virginia, I'VE, The delegates Of the
eople" New York, "We, the delegates OF
he people," North Carolina, "In behalf of
le freelnen, citizens, and inhabitants,
node Island, ave, the delegates OF the peo- {
le." Popular sovereignty is manitestly one $
the cardinal principles OF our federal con-
tuition. 1t
V. 1t Is Il Representatives government. The {
institution does not establish II democracy {
1t republic. These two forms of govern l
ent, while allied to each other, are radically
fferent. A pure democracy, ora govern c
ent administered Immediately by the p.o- '
e. is practicable only in the most limited :
Even if practicable, it is neither
lse nor expetlient. Masses of men are not r.
ted for legislation, nor especially for the 4
dicial and executive duties of government I,
democracy is the rule Of the people IN u II
ass convention. A republic is the rule of =.
e people through officers selected by them a
Ives The United States are republic and !.
t a democracy. :;
But we shall make a mistake if we think >,
at our national government is unqualitiedly II
publican. 1t is fact, not generally noticed. l.
ut much the larger proportion of the OIL 4
rs OF the United States government mr.. not !,
osen directly by the people, Indeed. tho -.