New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1860-10-24

still we go step farther than ought to go il
this unnatural and inverted order of things. The
States, rather than the people, for whose sakes
the States exist are frequently the objects which
attract and arrest our principal attention. This,
believe, has produced much of the confusion snd
perplexity which has appeared in several proceed
ngs and several publications on State politics, and
on the politics, too, Of the United States.
A State, / cheerfully admit, is the noblest work
of man; bat man himself, free and honest, isl
speak as to this world-the MODEST work Of God.
Concerning the prerogatives Of Kings and con
corning the sovereignty of States much has been
said and written; but little has been said and
written concerning subject much more dignifed
and important-the majesty Of the people. The
mode Of expression which / would substitute in
the place of that generally used, is not only poll
ticalIy but also tfor between true liberty and true
taste there is a close allianoe) classicslly more
correct.
On the mention Of Athens thousand refined ana
endearing associations rush at once into the mem
ory Of the scholar the philosopher and the patriot
When Homer, one Of the most correct as well as
one of the Oldest of human authorities enumerates
the other nations of Greece whose forces acted
at the siege of Troy, he arranges them under the
/
when he comes to the Athenians he distinguishes
them by the peculiar appellation of the people Of
Athens The well-known address used by Demos
themes when he harangued and animated his as
sembled countrymen was, 60 men of Athens
With the strctest propriety, therefore, classical
and political, our national scene opens with the
most magnificent object which the nation could
i present. . The people of the United States are
4 the first personages introduced Who are those
peoples They the citizens of thirteen States,
] each of which had q separate Constitution and
government, and all Of which were connected to-
| gether by articles of confederation To the pur-
poses of public strength and felicity that eonfede-
racy was totally inadequate. Arequiston on the
several States terminated its authority; executive
or judicial authority it had none.
| In order, therefore, to form more perfect
union, to establish justice to insure domestic tran
guilty to provide for the common defence, and to
secure the blessing of liberty, those people, among
| whom were the people ofGeorgia, ordained and
\ established the present Constitution. By that Con-
4 sttution Legislative power is vested. executive
| power is vested, judicial power is vested.
The question now opens fairly to our view
Could the people Of those States, among whom
were those Of Georgia, bind those States, and
Georgia among the others, by the legislative, exc
/ cutive and Judicial power 50 vested If the prin-
eiples on which | have founded myself are just
and true, this question must unayoidably receive
an affirmative answer. If those States are the
work of those people, those people-and that !
may apply the case closely, the people Of Georgia
in particular alter, as they pleased, their
former work to any given degree; they could
diminish well as enlarge it, Any or all of the
former State powers they could extinguish or
4 transfer The Inference which necessarily results
is, that the Constitution, ordained and established
by those people-and still closely to apply the
case, in particular by the people Of Georgia
could vest jurisdiction Judicial power over those
States, and over the State Of Georgia in parti-
cuIarn See also Cond. R. 6S.
So in Marbury Us. Madison, Cranch's R.,
1885, q Cond. R., 1889 Chief Justice Marshall, who,
like that great uminary Of light, extnguishes in
flood of refulgenoe the twinkling splendor of
every inferior planet, has well and admirably said,
g That the people have an original right to estab-
lish for their future government such principles
az, in their opinion, shall most eonduce to their
own happiness, is the basis on which the
whole American fabric has been erected. The
exercise Of this original right is a very great exer-
ton; nor can it, nor ought it to be frequently
peated. The principles, therefore, SO established
are deemed fundamental; and as the authority
from which they proceed is supreme, and can
seldom act, they are designed to be permanent
Again, in the great case of Gohens Us. Virginia,
Wheat. R., $50, 382, Chief Justice Marshall
says: "The American States, as well as the
American people, have believed q close and firm
Union to be essential to their liberty and to their
happiness. They have been taught by experience
that this Union cannot exist without government
for the whole; and they have been taught by the
same experience that this Government would be
mere shadow that must disappoint all their
hopes, unless invested with large portions of that
sovereignty which belongs to independent States,
Under the influence of this opinion, and thus in
.structed by experience, the American people, in
the conventions of their respective States adopted
the present Constitution.
If it could be doubted whether from its nature
it were not supreme in all cases where it is en-
powered to act, that doubt would be removed by
the declaration, that this Constitution and the
laws of the United States which shall be made in
pursuance thereof, and MI treaties made, or which
shall be made under the authority Of the United
States, shall be the supreme law of the land; and
the Judges in every State shall be bound thereby;
anything in the Constitution oraws of any State to
the contrary notwithstanding. This is the authori-
tive language Of the American people; and, if
gentlemen please, of the American States. It
marks, with lines too strong to be mistaken, the
characteristic ACKNOWLEDGMENT the Government
of the Union and those Of the States.
The General Government, though limited as to
its objects, is supreme with respect to those
objects. This principle is part of the Gonstitu-
ton; and if there be any who deny its necessity,
none can deny its authority.
To this Supreme Government ample powers are
conided and il it were possible to doubt the great
purposes for which they were so confded the peo-
pie of the United States have declared that they
are given in order to form more perfect union,
establish justice ensure domestic tranquility, pro-
vide for the common defence, promote the general
welfare, and secure the blessings of liberty to
themselves and their posterity.i
With the ample powers eontided to this Supreme
Government for these interesting purposes are
connected many express and important limitations
on the sovereignty of the States, which are made
for the same purposes. The powers of the Union
on the great subjects of war, peace and commerce,
and on many others, are in themselves limitations
of the sovereignty Of the States but in addition to
these the sovereignty of the States is surrendered
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