Sidebilder
PDF
ePub

compromises. In fact, every appropriation bill passed by congress, involves more or less the principles of compromise. Such is the case more particularly with appropriations for river and harbor improvements; for the great national road from Cumberland, on the Potomac, across Maryland, Pennsylvania, the northern neck of Virginia, Ohio, Indiana, and Illinois, to the Mississippi river; and of public lands for railroads, canals, the improvements of rivers, for agricultural and other colleges, and for common schools.

The repeal of the Missouri compromise in 1854, was the first great departure of congress from the principles of compromise. It was also a violation of good faith to the people of the free states. It caused an immediate and violent struggle between the friends of freedom and of slavery, and a civil war in Kansas; the former striving to people Kansas with freemen, and to make it a free state, and the latter to make it a slave state. From that time to the present, (February, 1863), the principles of compromise have constantly been departed from, and the result has been the present gigantic civil war; and by the perversion of the war from its legitimate purposes, (to put down the rebellion, and to sustain the supremacy of the constitution and laws of the United States) and by means of the emancipation proclamation of January 1st, and some other measures, the war has been converted into a crusade against slavery in the states, regardless of the Union, and of the success of the government in the prosecution of the war. The departures from the principles of compromise, together with the war, have made the breach between the north and the south as wide as is possible, and intensified the hatred of a majority of the people of the two sections towards each other, to a very high degree; and there is great reason to fear, that the Union will be sacrificed upon the altar of selfishness, fanaticism, prejudice, and selfish ambition.

[blocks in formation]

In nearly all treaties between nations for the settlement of questions of boundary, navigation, or commerce, each party makes more or less concessions for the purpose of promoting peace and harmony between them; the concessions of one party being regarded as equivalents for those of the other. The principles of compromise are involved in all such treaties.

The treaty between the United States and Great Britain, for the settlement, in 1842, of the north-eastern boundary, is a memorable example of an international compromise for the settlement of a very complicated and perplexing question of boundary, which had been in dispute about half a century, and threatened to involve the two nations in war, for a small portion of territory, nearly valueless. By that treaty, the United States surrendered and conceded to Great Britain the north-eastern part of the state of Maine, and obtained as an equivalent, Rouses' Point, and the fortifications thereon; which command the foot of Lake Champlain, and on running the line accurately, according to the treaty of 1783, were found to lie within the limits of the British province of Canada.

The north-western boundary line of the United States was also settled by a compromise treaty. Great Britain claimed the whole Pacific coast, from the Columbia river, north to the Russian possessions, north of the line of 54 degrees and 40 minutes; and the British fur company had settlements on the Columbia river. On the contrary, the United States claimed the whole country from the Columbia river to the Russian possessions, and many of our then leading politicians, including Gen. Cass, clamorously urged the administration to disregard the British claims, and insist on the line of 54-40, or fight. They seemed very anxious to involve the country again in war with Great Britain. But wiser and better counsels eventually prevailed, and president Polk settle the controversy by a compromise treaty; whereby the line of 49 degrees-which obtains east of the Rocky mountains, was extended west to the straits which separate Vancouver's Island from the main land, and the whole of that noble island was conceded to Great Britain. That rational compromise prevented a useless, expensive, and bloody war with the mother country.

Those that repudiate all compromises, and adhere rigidly in matters of government to what they deem principle, are generally more or less deluded with selfishness or bigotry, and instead of adhering to true public policy, and sound political principles, they cling with obstinacy to some worthless sectarian, or partizan dogma, or to some local, or otherwise selfish interest, of very little consequence when compared with the peace and harmony of a nation.

CHAPTER III.

SYSTEM AND CHARACTER OF THE AMERICAN GOVERNMENTS AND LAWS. DIVISION OF POWER, AND LINES OF DISTINCTION BETWEEN THE POWERS OF THE NATIONAL AND STATE GOVERNMENTS.

SEC. 1. SOURCE OF POWER AND AUTHORITY.

The Christian world recognize a Supreme Being as the creator of the Universe, and the author of all; from whom all physical and intellectual power, all parental, moral, and political authority emanated. The Deity established the physical laws of the Universe, and the mode or system of its action. He also created man with a certain organization, nature and faculties, and fitted him for certain modes of existence upon the earth, to live upon its fruits and products, by means of industry. The laws established for the government of the Universe, with all the creatures therein, including man, are called laws of nature; which include the moral, intellectual and physical laws, for the government of man, the organic laws for the government of all animal and vegetable life, and the material laws for the government of the Universe, and all unorganized matter.

Man is endowed by his creator with intellect, judgment, perceptive and reasoning faculties, understanding and memory-to enable him to acquire, retain, and communicate knowledge-to provide for his own wants, to guide his own conduct, to organize society and governments, and to establish laws.

In this republican country, we maintain that all political power emanates from the people; but this is true only in a qualified sense. The people have neither powers nor rights, except what they have

derived from the Creator, who has endowed adult persons, of ordinary intellect, with the powers and rights of governing themselves, in accordance with the laws of nature; he has conferred on children, idiots, and lunatics, no such powers and rights, for the obvious reason that they are totally incapable of exercising them properly.

Political rights and powers are derived from the same source as individual and personal rights, and the rights of self-government. All come from the Great Creator; and yet the community, state, or nation, derive their political powers directly from and through the people; for we believe that God has appointed no political vicegerents on this earth.

Political governments are founded upon the nature and condition of man, and the necessity of organization, of government, of a system of laws, and of the administration of justice, to preserve order, and protect the rights of individuals. They are based upon absolute necessity and the laws of nature, and are limited in their operations by the demands of necessity, and the laws on which they are based; which must be ascertained by the reason of man. Governments must be founded by man; and their forms, principles, powers, modes of action, and the persons to administer them, must all be determined by human reason; and from the necessity of the case, they must be determined either by the majority, or by the minority of the people to be governed by them. According to our republican ideas, in this country, they should be determined by a majority of the adult males of the community, state or nation, of sound mind. Hence we very properly say, that all political power is derived directly from the people, but indirectly and originally from God; and that the political powers of man, of majorities, and of governments, are not unlimited, but clearly limited by the laws of nature, established by God in the nature, constitution, and condition of man, and of the universe.

SEC. 2. SUPREME, SOVEREIGN, SUBORDINATE, AND CO-ORDINATE

POWERS.

The sovereignty of each state of our Union is divided between the national and state governments. Sovereignty is supreme power to legislate for the people, and the right to exercise domin

ion over them, and over the country they inhabit, in all cases within the legitimate sphere of human government. Supremacy and sovereignty are convertible terms, implying jurisdiction, dominion, and power, without appeal, over persons and property, land and water, within a certain district of country.

Sovereignty rests in and emanates from the people, the whole people, and the influence of the whole people should be felt in its exercise. Though from the necessity of the case, the voice of the majority must govern in elections and in official action, yet the opinions, rights and interests of the minority, should always be considered, and properly regarded, in legislative and official action. Sovereignty and all the powers of government are delegated by the people to the government as a corporation, or representative of the state or nation, and to the officers thereof as trustees-to be exercised for the protection and good of the whole.

In most countries, the powers of government are divided into two classes, supreme and subordinate; but in our complicated system of government, with a divided and double sovereignty in each state, the political powers of the country are divided into three classes-supreme, subordinate, and co-ordinate.

The British parliament is supreme, and exercises supreme and sovereign legislative powers, not only over Great Britain and Ireland, but also over all the British provinces. On the contrary, the parliament of Canada and the legislative bodies of all the British provinces, colonies, and possessions in America and Australia, exercise only such subordinate legislative powers as have been delegated to them by the British parliament; which may alter, modify or repeal at pleasure, the powers delegated, and may adopt systems of jurisprudence and codes of laws for the provinces, and legislate for them in all cases whatsoever. This is the theory of the powers of the imperial parliament of Great Britain-the powers exercised by the subordinate provincial and colonial parliaments being delegated to them by the imperial parliament, as a matter of propriety and expediency. The powers exercised by the cities and villages of Great Britain are subordinate powers, specially delegated to them by the British parliament, or, originating in usage and custom, have been tacitly sanctioned by parliament, and may be changed at pleasure by the imperial parliament. The powers

« ForrigeFortsett »