The times. [volume] (Richmond, Va.) 1890-1903, 1899-10-22


upon imports from both Of these com
monweaths. as IN the case ". other
foreign Sfates-acts which We're not re.
pealod until they entered the Union.
CONSOLIDATED GOVERNMENT
When Mr. Henry who was not a mem
Der OF The Philadelphia convention
charged that The expression We he
people OF the United Staes" In terms
implied consolidated government Mr.
madison, the foremost architect Of the
Constitution, replied: "WhO are the par
ties TO ~ tthe Constitution The people.
But not The people as composing one great
eody but the people as composing thlr-
teen sOvereigntles. Were A. as the gen
tcman asserts, consolidated govern
ment, the consent or a majority OF tho
people would be sufficient for lis estab-
lisnment."
The hare recital Of these facts would
seem 10 demonstrate that i'm the formation
Of the Constitution. and the resulting
Union, the States acted as separate
sovereigntcs and that the government
thus created was the result OF compact
between them, and not the act OF the peo-
ple as a whole.
Tho powers Of the Federal Government
therefore were delegated and not inner
emit; and TO ascertain them IL IS only
necessary 10 search the Constitution
where those so delegated are enumerated
In the conventions Of Virginia and New
York the question was raised as 10 the
relative rights and powers Of the state
and Federal Governments, and IN oroei
10 define more clearly the meaning Oh 'he
Constitution. and 20 establish more hTm y
the righs of the States, the resolution OF
the Vir. iaia convention, in adopting the
Constitution. uses this language;
VIRGINIA CONVENTION.
1--WE. the delegates Of the people OF
virginia. do ln the name and behalf OF the
people Of Virginia, declare and make
known. that the powers granted under the
Constitution. being derived from INC pco-
pie OF the United States. may be resumed
whenever the same shall be perverted 10
their injury or oppression.
The resolution of adoption by the New
York convention is OF very much the
same import These two States also pro
posed amendments 10 M Constitution
which were quickly ratified and MADE a
! part of the instrument itself. The amend
ment bearing specifically upon the point
under consideration was the 10Th which
/ expressly provides THAT the powers no.
| delegated to the United States by the
! Constitution. nor prohibited by 1t TO the
| States. are reserved TO the states respec-
| lively. or 90 the people" Thus, with the
| very adoption Of the Constitution, the po-
! don maintained by the statesmen that
| the Constitution was a compact between
| States was established, as they thought.
| beyond a question.
II fl was a compact between separate
! soyereigntcs, and the compact enumer-
atcd all The powers surrendered 10 the
| Federal head. then the parties 10 the
| compact could withdraw as an incident
! AZ, md Ia
/ right had not been surrendered. The citi-
zen as we know was the citizen Of the
| State. and not OF the Union. il the State
had a right 10 secede, ii had the supr, me
| claim upCn the allegiance Of all its citi-
/ Zens. even I'm q controversy between the
| State and the Federal head
POSITION OF THE FOUNDERS.
This was the position of the advocates
I Of The right of secession, and the reason
| ing upon which they based their claim.
/ The principle so declared had been fire.
| ouently asserted by States and states
! men. I'm the most solemn manner Thus.
/ upon the passage Of tho Alien and Sc
! ditiOn laws, the celebrated resolutions Of
/ 11gS were adopted by the Legislatures of
/ Kentucky and Nirginia-the first OF which
was prepared by jefferson. and the second
/ by Madison. These resolutions. thus pre-
pared bv the author Of the Declaration Of
Independence ana the Father Of the Con-
stituti0u. assorted i'm the most solemn
( form that the government was a COM
pact between States; that its powers
We're limited TO those specifically dele
gated I'm the Constitution; and that the
States had the right u determine for
/ themselves when The Federal Government
exceeded its authority.
These declarations became the subject
OF assault and defence. but so far from
the principles annunciated being repudi-
atcd al the very next election. Mr.
Jefferson was elected President Of the
United States, and after service Of eight
years was succeeded by MIR Madison, who
filled the office for a like period.
CAUSE OF DISSOLUTION.
I'm 1901. the LEGISLATURE of Massachu-
sets passed an act declaring that the
! purchase and annexation of the territory
| of Louisiana by the general government.
was "a sufficient cause for the dissolution
of the Union.
I'm 1914 the representatives from the six
I New England States assembled in the
/ celebrated Hartford convention and be
cause of their opposition TO the war with
England declared that unless the policy
/ of the administration IN prosecuting this
I war was changed. they would be forced
/ TO adpOt measures for withdra wing from
the Union. The convention adjourned TO
! meet the following june when the timely
ending Of the war prevented the necessity
| of its reassemblinc
Josiah quincy. Of Massachusetts,. in
speech delivered I'm tn, House Of Repre-
sentatiyes upon q BIN for The admission
| Of the first state from the Louisiana pur-
chose. declared eft is my deliberate
! opinion that f this bin passes the bonds
/ Of The Union are virtually dissolved: that
The States which oppose il are morally
free from Their OBLIGATIONS. and that as IL
will be The risht OF an. so it will be the
duty OF some, TO prepare definitely for a
separation"
IN 1899 John Quincy Adams. I'm an adj
dress before the New York Historical AS
ISOLATION. declared: 1--WE may admit the
same right has vested I'm the people Of
every State of the Union with reference
10 the general government. which was
exercised bv The people of tie united COO
MES with reference 20 the supreme head
Of The British Empire. of which they
formed a part and under these limitations
have the people Of each State I'm the Union
p right 10 seccde from the Confederate
Union itself"
40 BINDING FORCE.
In 1915 the Legislature Of Massachusetts.
in view of its opposition 10 the proposed
annexation Of Texas, passed a series Of
resolutions I'm which after declaring that
there was TO precedent for the admission
of a foreign State or territory into the
Union, and as the powers granted in the
Constitution do not provide for such legis-
lation. so "an act of admission would
have no binding force whatever upon the
people of Massachrgetts."