The Oxford intelligencer., 1861-03-27

authority. I
In each Of the seven Confederate States, Con-
ventions have been regularly called composed
q delegates representing the sovereign people;
and those Conventions, after passing ordinances
a secession, appointed delegates to meet at
Montgomery aud form Provisional Govern
mcnt and plan of permanent Constitution.
Those Conventions are still in existence, un-
shorn Of any Of their authority; and, therefore,
there is no necessity, as in the case Of the Con-
stitution of 1871, for the election of delegates
to new Convention. II the Congress- at Mont
gomcry had consisted of delegates sent there by
the State Legislatures, and il there had been no
State Conventions In existence, then, we admit,
the so-caIIed precedent might have been invoked
with success. II the several State Conventions,
instead of sending delegates to Montgomery,
had themselves assembled as Congress and
framed permanent Constitution for the Con-
fedcrate States, or il they had separately agreed
upon Constitution, there would have been no
necessity for submitting their action to the peo-
pie for approval, because those Conventions rep
resent the people practically, they are the peo-
Pile II their action is not binding until other
Conventions have ratified it. then it follows that
other Conventions must afterwards be called to
ratify the ratification. The process Of ratifica-
ton, would be intcrmiuabe.
Our Government is founded upon the princi-
pie that sovereignty resides with the people
All authority is derived from them; but is ex-
ercised, not by the people directly, but through
their delegates and representatives. II is only
in pure democracy, such as some of the old
Grccian republics, that the people make Govern
ments, and legislate. In representative de-
mocracy, like ours, the people elect their agents.
who act for them; and it must be assumed that
those agents. in their action, reflect the will of
those who elected them. Such may not be the
fact in particular instances; but upon any 9th
er theory than that it is the fact, representative
government is an impossibilty. The practice
of our Revolutionary fathers was conformable
to this theory. In the old thirteen States, the
people, in their State Conventions, made and
adopted their respective State Constitutions
without dreaming that II was necessary, as a
matter of right, to refer their action to the poo
pie for ratification. The present Constitution
of Mississippi was never submitted to the peo-
ple and yet, nobody pretends to assert that it is
not obligatory upon the people of the State. 1t
is true, that, in recent days, State Conventions
have, in various Instances, referred their action,
creating or amending State Constitutions, to the
l.,f Al. -.
usage, and has been rcsortcd to in order to
''shrk" responsibility If it be placed upon the
ground Of obligation, We take leave to say, with
due respect to those who advocate it, that it is
modern heresy in the science of Government,
and not only absurd in itself, but subversive Of
the very foundations upon which representative
Government reposes. II is absurd, because it
refers to the ratification of the people, and not
to the prior authority of their agents. for the
force and validity of Constitutions and laws. =
When an agent regularly authorized by pow
er of attorney, executes deed conveying a tract
Of land belonging to his principal, the grantee
never thinks Of requiring that the principal shall
ratify the deed Such ratification, we admit,
good, or confer upon the instrument any add-
tional validity. If the principal should refuse
to ratify it, the deed, notwithstanding, would be
operative and binding upon him, from the fact
that the agent in executing it, had acted within
the scope of the authority conferred upon him.
If Constitutions, framed by delegates elected by
the people, ought to be submitted for the popu-
lar approval, because those delegates, by posi-
biity, may have mistaken or disregarded the
popular will, then, upon the same ground, every
law, enacted by State Legislature, every dcci-
sion made by judge, and every verdict render
ed by jury, ought equally to be ratified at the
polls, for it is very possible-indeed We know
it is often the fact-that laws arc passed, deci-
majority Of the people disapprove. 1t is often
one of the soundest tests that can be applied to
doctrine, to carry it out to its EXTREMIST logi-
cal results, and ascei tain the practical conse-
auences to which it would lead Tried by that
test, the doctrine we are opposing is wholly in
admissible, because it would stop, at once, and
for all time, the practical workings of Govern
ment
In our Judgment, the question before our Con-
vention, in regard to the submission Of the per-
manent Constitution to the people, is purely one
of expediency. If the delegates are afraid of
responsibility, they may relieve themselves by
submitting the Constitution to the people If
they are really in doubt as to the actual wishes
of the people, they may solve that doubt by an
appeal to the people themselves. But if the
Convention is satisfied that the people approve
the work of the Congress at Montgomery, We
can conceive Of no good results as being likely
to grow out Of reference Of the Constitution
to vote Of the people; while it is certain that
the delay, the agitation, and the prolonged I'M
certainty that would attend the measure, would
be actual and formidable evils, which should, by
all means, be avoided if practicable. " E.
Correspondence Of the New York Press.
New York, March 25.-The Herald's WASH
ington correspondent says: "The President is
sued orders on the Esd for Major Anderson to
evacuate Fort Sumter The cabinet were con-
sidering the matter Of Fort Pickens, Gen Bragg
having notified Lieut. Slemmer that hereafter
supplies cannet be landed there without per-
init from President Davis" b a. s.s .srs
A dispatch TO the same paper. dated this morn
ing, says: ut is believed that the programme