The Arkansas advocate., 1835-09-04

lthat the General Government must transfer sovereignty to the people of Arkansas, with ] the right of soil, 10 enable her 10 form her constitution. Perhaps 1 do not clearly icomprghend vouf Excelleney's idea on this point. In the tyraunieal Governments of Europe--Great Britain for instance--sov- 1 efeignty resides in 8 thfng called .'the 1 Crowl;n or in a fsigure at the Towerf3' or 4 Tn a particular siiipieta; Of . certain Ser
 man family or in any other figure which ar fhitraiy power may point out; but here. where the liberties of the citizen are under stood in different manner. 1 have always believed that sovereignty resided in the peo- pte. and that, although 1t was thing untan- gible. vet 1t acted in the community as a strong binding principle, like the providence oi God in the universe; and therefore. when community took upon themselves the re- gulalion of their municipal concerns, that sovereignty came upon that community as d matter of course, without any deed of giftS ] or transfer from any power on earth. Your Excellency must show that Arkansas was organized for some other purpose than the protection of the rights of its citizens, be- fore you can establish your doctrine that sovereignty resides in the soil, or in any other manlmate figure, CT that il IS transfer able by the General Government as a life estate, or in fee simple, at pleasure. If your Exeellency should succeed n estab- fishing the doctrine, that, in this country, sovereignty resides in ''agure,'' hope shall not be considered as punning in such grave matter, when l enter my request that 1t may be lodged in the State House, q mean the ''ten section" monument,) for as there Is d strong probability that that build ing will soon fall 10 the earth, from whence 1t came, sovereignty might again have chance to escape to the people, if it should survive the fall. ask pardon fer this di- ] gression, and proceed to the main point, i which Is, to assert that ATkfaflsds acquired sovereignty at the moment of her organiza- tions and l cannot see on what principle of repablicanisn Congress can organize q community of ffeemen, and mete out their rights to them in parcels at pleasure.
 It will be seen that in the HastY view have taken of this matter, have avoided the treaty of Paris. by which this country was ceded 10 the United States by France. The arguments drawn from that subject have already been laid before your Excel leney and the public, III a clear and concise manner, by the editor of the ssGazette,'' in a late number of that paper; and have not a doubt; that with reference 10 the law ol natioass and proper construction of the intention ot the parties, the people of Ark ansas have by that treaty all the rights which your Excellency thinks 1t your duty to deny them; but as free citizen of Ark arsas, do not think proper to urge, as ar gnment, the reservations which an Euro pean despot may have made, in treating with the Government of my own country, for the preservation of my liberty. be- lieve Arkansas to be free country, and I believe also, that no extraordinary defni tions, or elaborate constructions of plain matter can confouHd the common sense of the country, or lead it's citizens from their 1 true interests. You, sir, act conscientiousy in this matter. You are afraid of infringing on yous 'oath of ofiice," if you should adopt any other course than the one which ! you have marked out for yourself, and which you have placed before the public. l, too, feel my conscTsnce, as well as my principles as freeman and nay interests as a citzeny all urging this matter upon me; and all of those principles combined tell me plainly flat Arkansas, in the formation of her constitution, has no power on earth to consult, but her God and her own cfizens. When Arkansas presents herself to Con- gress with her constitution, Congress then, coEstiiutionaly, has controlling and coer- cive power over her. if her constitution should not be based on republican princi- bless If she should have adopted princi- ples favoring monarchy, aristocracy, or any other which might evince a disposition to lcurtail the indefeasible rights of her citi- I zens, or the cltizens of any of the United
 States, then indeed 1t would become the du- ty of Congress to force her back to the pure republican institutions of the country, and if she refused, the mark of treason and re- bellfon would be justly set upon her. But, until then, Arkansas Is without suspicion, and no power on earth has any right to con- trol her constitution, or the time when she shall form 1t.
 This, sir, believe Is De the common sense view of the subject. In taking it have neither referred to books or men, be- cause sincerely believe that the proper ex- erclse of common sense will lead to a per- feet understanding of the subject, without embarrassing t with refined and critical le- gal definitions.
 Although disagree with your ExcelIen- 1 cy III this matter, yet, when assert my own