The daily clarion. [volume] (Meridian, Miss.) 1863-1866, 1866-02-20

E0F ahe e -. .........wne maae Tr.

lar TO form d more perfect JnlOns Gkc W.
or5ain and establish this Constitution for
,ba United States of America" One would
spnnose that no controversy could possibly
arise as to the meaning of language SO clear
and explicit but such is not tho tact. On
the contrary, it has been asserted, and there
are even now those who maintain, that there
is no such thing in existence as the people
of the United States" and consequently
that nothing could emanate from such an
imaginary source The PRONUNCIATION of this
doctrine is very grave imputatlon upon
the intelligence or the candor OF the men
who framed that immortal documept, as
well as upon the State Conventions whlch
suffered the language to remain unaltered
and not even animadverted upon. In my
opinion, no more striking illustration could
be given of the fallacies and errors into
which men viii permit themselves to be leo'
when seeking to establish some eherlshe"
theory, than is furnished in this instance.
Such theory was to be maintained, and IL
was necessary, in order to do so, that the |
facts of history, and those falling under
every days observation, as well as the plalh
/ language of the Constitution. should be dis
regarded If facts initiate against theory,
tant pis pour les fats, so much the worse for
the facts" as the French philosopher said in
! similar circumstances.
| The doctrine of those who maintain the
/ theory in question is, that the States made
/ the Constitution, and that it is nothing more
nor less than a compact between sovereign
| powers, a sort of league or treaty OF alliance
offensive and defensive, from which any OF
the parties may withdraw at pleasure
When one hears ola compact, he naturally
infers that a document Speaking IN the
name of parties, and containing mutual
stipulations is the thing intended. Upon
turning to the Constitution, he finds but one
party mentioned, to-wit, the people OF the
Unite States, and not a word nor a phrase
which can be construed into
stipulation. 1t can with as
much truth and reason be asserted that the
vagrant law, OF any other act of onr Legis-
Iature, is as well i'll form as in the manner OF
enacting it, a compact, las is the Constitution.
They are precisely alike in this, that each
purports to emanate from single party, and
neither contains stipulation, whilst each
. ~NS-N
little beyond the surface, and endeayor to
understand the processes by which each was
wrought into its present shape, we still find
as many reasons for denominating the one q
, compact as the other. The Constitution was
framed by convention composed OF men,
bers from the different States and the draft
| of it was sent to the States to be ratified or
rejected by conventions assembled therein.
f When nine of the then thirteen States should
have ratified it, the government established
by it was to go into operotion. In l7S9
twelve had ratified it, and the other did
e shortly after. Such is brief account of the
: formation of the Constitution. As respects
4 an act of the Legislature, We all know that
: it originates in one or other of the two
; houses of which that body is composed
: The members are perfectly independent OF
: each other and may vote for against it, as
9 Judgment Or caprice may dictate. If it re
e ceve the support OF majority, that ma
:, jority may be said to have entered into {
4 compact to sustain the measure. 1t is ther
a sent to the other house, where it undcrgoe
:, the same process, and if it also receive th
, support of majority there, then that bod.
$ may be said to have Gcceded to the compact
u 1t is next laid before the Governor, who i
Il independent of the Legislature, and VIII
II may either approve it or put reto upon II
d. If the former, he too becomes party to th
1t compact, but it is not yet complete for it ha
ut to pass the scrutiny Sof the Judiciary, whic
as is independent of both the Legislature an
III the Executive, and which may declare th
rs act unconstitutional in which event it b
wv comes nullity. If, however, the judicii
cs power also sustain it, it has then receive
to its final ratification, and becomes a compa,
at to all intents and purposes
eS Notwithstanding all the reasons here give
lo for calling an act of the Legislature col
''i pact, l should still think it hazardous to a
ST sert in the face of the world that it is a COZ
81 pact In fact, l am ready to aver mainta
lo' and prove that it is nothing of the kim
and yet it may be safely affirmed that it h.
ou as many characteristics of compact Il
of Constitution of the United States has, vi
his none at all.
1t may seem waste of time to labor q poi
in which does not appear to admit of debat
5he but it must be borne in mind that nan
18th once powerful in the South, and yet regar
ny ed with reverence by great many men,
se- intimately associated with the doctrine u
TO- der discussion. The doctrine itself, and Il
logical deductions from it, far more than al
m grievances, real or imaginary, have broug
Oh upon the country the terrible scenes viii
ITO the last few years have witnessed; and
I'VE verify believe that there will be no la
for ha fIfIJ Ia,
the as such doctrine meets with general accel
W ance. Upon this subject, however, l shi
enter more at large on another occasion.
its present the inquiry is whether there is
ats people of the United States"
lna If the Constitution may be received
the authority on the point, il. is easy to pro
ave that there were citizens of the United Sta
under the confederation, and before t
sral adoption of the Constitution. This appe;
red by the clauses which provide that mo p
son except natural born citizen, or a c.
hef zen of the United States at the time of
en-, adoption Of this Constitution, shall be eli
ber. BILE to the office of President" and tht
in which require nine years of citizenship
ilVe the case Of Senators, and even in the case
tied Representatives in Congress" These P
pro- visions would seem to be conclusive of /
matter, and they were always so regart
eVl- until they We're found to be in conflict W
sive -. IT: r. ,,,
ned VIC '"ooAS III HUe't'0 ~ van A"i u-S
the necessary to argue that citizens OF the VI
tion ed States must be people of the Uni
ahlc States. ...aa teae
orce The people of what is now the Uni
nope States have never, even in colonial tin
toFS been aliens to each other Though the e.
ond nies were separate communities having
the political connection with cath other, t
1t is were all under one dominion. and their
first L,,;+o,,+, ,,-oro oil snl;oo+s of +bo Rri-
work ''AA'9 90 - = -