New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-07-14
SELECTIONS FROM THE NAIL
NATION. NOT A CONFEDERACY.
,ocrR FOSTERS WORK ON THE AMERICAN con-

M
sr: book that has recently attracted my at
cation Is 'tCommentarles the Constitution Of
.,a Tinted States" by Roger Foster. of the New
YORK bar OF which Volume I has Just appeared.
= r,sh 10 notice only ore position OF tire author.
"A uft: That the secession tScory. in logical and
tai FORM has the best OF the argument: that
..ro phrase In the instrument asserted Union
S,rerent from the old Confcderacy. gave power
"a coerce State. on the contrary. by simple
toi;ure 10 elect Senator's. the States could destroy
~. Union forthwith. The Cnion must then be a
mere league
. 7. seems 70 me that a thoughtful considcra ton
=, American history from A. D. 1907 10 1889. and an
examination OF the Constitution IN the light OF
t,a. history. will satisfy the American bar that
che secession theory was unsound. and that from
,,v the United States has BEEN and now is.
nation and not league.
Prior TO the Revolution we were English Colonies
and not sovereigns. We began the Revolutionary
War declared our Independence made treaty
OF It's with France. and that of 1873 with England
as The United States" Our negotlators acted
under commissions from Congress only. Although
the treaty OF 1888 enumerated the States by name.
IN tie acknowledgment OF our independence. mo-
foreign nation ever accredited 10 any individual
State any minister or consul. Prior to 17Ss there
were many Incidents, which. taken by themselves.
tended - support a claim that each State
sovereign but there were also other and very
important incidents that tended to support claim
that no State was in the full sense, a sovereign.
IN fact the period from l,74 TO 1889 was Of
pertinent and growth. The Constitution was made.
ra,ded and put in force. before had ever been
fully settled and determined that any OF the
States was such sovereign. We therefore take
M the Constitution as the work OF committees
Sin In formative state. whose position. nature
and powers were. as yet. to a degree, uncertain.
For a number Of years had been experiment.
p-fe sArffc NJ der on "
no power TO the general Government TO act directly
upon any person or citizens: the Continental Con-
gress could only call upon the State governments
10 supply It with means etc In May. 1884, body
which Is now called The Constitutional Conven-
ton" assembled at Philadelphia Its members
were all delegates from the States, commissioned
for 'rhe express purpose Of revising the articles Of
Confederation" and reporting 10 Congress and
che several Legislatures such alterations and pro-
visions therein" etc
This body decided that II was !npracticable. by
any alterations in said articles. to render the
Federal Constitution adequate TO the exigences OF
government and the preservation OF the Union"
Instead OF attempting 10 act as directed In the
commissions OF its members. 1t framed a govern
ment radically different from that Of the Con-
sederacy. AS this body had power to establish
any such government the consent OF the then ex-
!sring governments. the Congress OF the Con-
federacy. and each State. was necessary. Unless
these governments should consent to get out OF the
way. and permit tho new to take their places.
the desired change was impossible without revo-
luton.
Tho Constitution, when agreed upon by the Con-
vention. was legally nothing but plan. framed
by distinguished and able citizens. submitted by
them to the existing governments. with recon-
mendation that said governments should agree TO
extinguish themselves far their further ex-
istencs would be inconsistent with the establish
ment and operation CT the proposed new one. The
articles OF Confederation announced themselves to
the world ARTICLES OF Confederation and per-
petua Union between tho States OF" (namng each
Of the thirteen States agreed upon by their dele
gates I'm Congress assembled
TIE Constitution presented ftse.f to the world
IN words differing widely possible from said
articles Of Confederation. When the Continental
Congress and each State Convention gave consent
90 the Constitution. they adopted its words de-
carative o. its origin and OF the source OF its
authority and published them as absolute verities
BY adopting the great preamble they determined
for all time that the Constitution not ARTICLES
of agreement ''of Confederacy" between States
adopted by delegates: but that II was "a Consti-
tuition for the United States OF America" ordained
and established by We. the People OF the United
States" Prior to that consent OF the United States
there was no People Of the United States' there
was In certain sense. a people OF Virginia, q
people Of Massachusetts and the like
The Convention. by its report asked tire Con-
feieracy and the States 10 form "one people,;
ID declare that the Constitution the act OF that
peope; TO make that Constitution the supreme law.
"in the States" between the States" or in
each state" but "of the Land" to substitute
"one people" and lone land" tor the several States
and their people. And so. when the several States
in separate convention had ratified that Consti-
tuon each OF them had forever parted with every
power that could not consistently with the pro-
visions Of that Constitution. be exercised by a
State
From the moment o. It's organization the National
Government. under that Constitution. had its
citizen every citizen in each State and withou, ask
ing permission OF any State. could compel every in
habtant to obey its laws whether that Irhabitan.
was Governor, or a legislator. other officer OF
any State not. The only powers reserved to each
State such powers as the Constitution had not
vested IN the Nation The circumstances under
which that Constitution was framed. It's language
beginning with the express declaration Of the pre-
amble-show that the powers granted to the Nation
were 'in perpetuity."
As Colonel Robert E. Lee wrote to his son on
January e 1861 Secession is nothing but revolu-
ton. The trainers of Constitution never ex-
Its formation and surrounded 1t with SO many
By se every Sr Of the w
!! Is intended for perpetual union so expressed in
ss ad apa the es csn on be be-
~ revoutSn or consent Of al the people IN yen
siSH IL VI ocN'rSiO" N.'oS
Longs Memoirs OF X. r. Lee. D. S.)
See also Patrick Henrys speech at Charlotte Court
House. Va In 1879: Charlotte County has as much
right to secede from Virginia Virginia from the
Cnion-that Is. none" Henry made that speech in
a canvass begun by him at Washingtons written |
request made in order that Henry might SO combat
the secession theory The fac that the CONSTITUTION
was ratified BY each State Is treated by Mr. roster
rs having bearing upon the question AS IL IN |
Guided grants ami powers then belonging TO each |
State. Of course unless the State should execute |
the grant, the powers could not pass. But as al |
ready stated at tho time that the Stare exc
- he hat ha
was an 'act OF the People. and not an agreement
81 the States"
State 10 elect Senators would paralyze the Govern
nen,. and. therefore We are a league and not |
nation. 1nasmuch a majority OF the senate - a |
quorum, and exercise all the powers OF the SEN
.te unless than twenty-five states OF our |
Ina vcf To eiet.tS Senator's