Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-04-20
rnR PFoPLR soYRREIGN.

tisms this authority lies in the ruler, as in Rus
sia; in oligarchies 1t is exercised by some priv
leged BODY or class, as in ancient Venice in
5emocraeies It lies in the people; they are the
sources of power, and It can be legitimately
welded only as they decide or permit. In mixed
governments, IEe that Of Great Britain, one
class of powers is held by one set of authorities,
and another by another. In our own country
the exercise of the sovereign power is entrusted
10 more than one person or body-the President,
the Senate, the Hol Sc of Representatives, and
the judiciary, but the power itself is possessed
only by the people. In England, King, Lords,
and Commons each have powers which they
claim as their inherent right In this Coutedera-
cy, out of the people, no such night can be
claimed the privilege to exercise any portion
of sovereign pOwer-such as Is welded by those
who pass g law and those who veto or approve
7t-i delegated trust, held from the people,
auL liable 70 be cu-taded, eniarged, or altogeth-
q. Withdrawn, whenever the people SO please
Our Cons tuition begins with the words: We
the people of the Confederate States etc, q DO
ords5l and establish this Constitution" That
there may be nc dou5. about the position OF the
os,Dle under be Constitution they have adopted,
that instrument expressly declares that its emu
meranon of certain rights shall not be held to
exclude the rights uoJ named, or to place them
IN position inferior to the tights that are named
Itisslso declares that powers not delegated to
khe Couf-d+rate States by the Constitution, nor
prohibited By it to the States, are reserved to the
States individually, OF to the people who are cit
izsns Of the States
All this is so plain aud SO clear, that it seems
Ike q work Of supeTsrogation to repeat 1t, but
is repetition is evidently required for we hear
in conversation. and read ia newspapers, very
frequently. sentiments uttered that are totally
inconsistent with the principles OF the Constltu-
ton. Beyond this we have practices now car
red on that are dramatically at variance with
express provisions Of that Instrument, and Of
those principles that are recognized by all ma
tons which enjoy the blessings Of a liberal form
of government. As an instance of this, we
may cite the following yoads from our C0nstitu-
ton: " The right Of The people to be secure in
their persons. houses, PsPsrs, and effects against
unreasonable searches aud seizures, shall not be
violated" lis not uncommon to lind persons
defending the viol atior of the Individual liberty
OF the citizen on the ground Of the existence Of
mortal Law. These persons appear ID lose slght
of the fact that the constitutional permission to
suspend the writ Of habsas Corpus during times
of rebellion and insuuect1n-shich suspension
Is the declaring OF marital LAWS not Permis
sioa 10 deprive loyal citizens Of their constitu-
tionaI rights. and to apply to them the Hgor that
is properly reserved for suspicious or guilty per
sons. and av1yvel enemies. When citizen Is
lovsl IN his behavior, and law-sbidiug in his ac-
tons. he Las the same constitutional right to be
secure in his person, house, papers, and effects
under martial law, as at any other time,
Positions are occasionally laid down by talk
ers and writers, that if admitted and acted upon
would reduce the whole Coniederscy under sub
lection TO nilitsry law, and for the time being
suspend the entire Liberties OF the people ndivd-
naIlv We have heard it said that such a course
is unsuitable. because it W ould bring every man.
able to 6Oht, into the ranks Ideas of this char
acter are always apt to creep int armies, but
they are to be guarded against, not encouraged
Rea-ctio viii show st once that If, by such
means. the liberty Of the people was suspended,
their powers would De suspended with it What
freedom could there Be at the ballot-boT, when
the voters, botA soldiers and civilians, wSTe alb
solutelv under the control of military rule
The power lost by the people would 60 some
where else. and II lse who held tina. power, not
the people, would be sovereign. And who may
hold Ehis power If the people are unable to
manage their own public affairs who are the
heaven-born, right-iivine, dOm-gifted per
sons CT classes that are to manage it at tke'T
pleasure, for them
This subject may well be aSs--sd further-the
excuse offered by those who lay down the OBJ
lection bic positols we alude to, is that We
should, by proceeding on their plau, have large
army and whip the enemy. These are two very
good things as all will acknowledge, and are
worth nuch--but our Confederscy ~ as not es-
tabHshed for the purpose of getting up large
srmy and whipping the enemy, its object Is to
4" establish justice, insure domestic tranquility,
and secure the blessings Of liberty" and large
army and victory over our enemies are but a
means to that end II we sacrifice liberty, IN
getting up an army 70 fight for liberty, the OBJ
iect Is gone when the means are secured, and
there is nothing left that a man with a single as
uiration for freedom in his soul has desire for.
What are armies without freedom What are
victories without liberty To violate, outrage,
aud banish liberty, in accomplishing the labor Of
raising an army TO fight for liberty, would be
aotipr precisely like the man who cut down the
branch Of tree upon which he was sitting, and
fell with it in his hand and was killed. The
wood tie man wanted was cut down, but the
man himself had lost bis life IN gaining it so
when liberty lies q Bleeding corpse the posses
sion Of armies and victories IS vain.
The talk and. writing about the necessity Of
adopting a despotic policy, is rot only wrong,
but foolish. TIE power Of the people is Pc a.
mount TO that Of every power in our govern
nent. If the people choose to abandont the Con-
stitition, by which every officer and legislator
in this country holds his position, aud entirely
change the form Of our government, not any
or ali those il authority throughout the Confed-
erscv can deny their night and power to do 80
We have DO vested rights" no clsims separate
from those the people have conferred and can
resume st pleasure. But even if, as in some
European countries, one or more bodies IN the
Coufederacy could claim rights Independent OF
the people, and ssuctiied by the custom OF cen
tlries. it would be an unnecessary proceeding
to exercise their power, with people VINO
in this war have come up TO ii that could
be required Of brave and generous men They
have lsvisbed their property with protuse muni
feence they have rallied TO their country's
standard with an enthusiasm and a unan.nity
rarely paralleled Is it vita people so de-
voted and self-sacrIhcing as those Of the South
have proved themselves, that measures Of force