Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-02-28
The State Of Arkansas vs.. Sam.
ueI W.. williams.
OPINION.
BY THE COURT, Mr.. JUSTICE PIKE.
TCoVTINUED FROM YEsTEEDA'

CONTINUED FROM YEsTEEDAY.l
BY the Declaration OF Independence OF
4th July, I776, the several colonies OF
Great Britain. represented in the Gene
raj Congress by their Delegates, sOlemnly
published and declared that they were
and of right ought TO be, free and in
dependent States :" and, at the end of
the war, Great Britain recognized and
acknowledged each colony 10 be, what it
had claimed to be, separate Nation, a
free and independent State.
In 1777 for the purpose chiefly, of COM
mon resistance and defense, these colo
nies, claiming to be States, had, by
Articles of Confederation, formed a
firm league Of friendship with each
other, for their common defense, the
security of their liberties, and their mu-
tual and general welfare 1t was ex-
pressly stipulated, that Each State
retains its Sovereignty, Freedom and
Independence" and their joint or gem
eral interests were managed by The
United States in Congress assem- bled,
i'm which Congress and State had one
vote and paid its own D1Sgstes. This
was simple league or partnership for
special purposes, according to the decla-
ration in the articles; and in cOntempla-
ton Of law, the States themselves con-
currently did every act done, and eXer-
cised every power of government.
The powers thus to be jointly exercised
were found not to be sufficiently extern
sive, nor entrusted to efficient hands
The Articles of Confederation provided
that they should be inviolably observed
bv every State; and also declared that,
"'the Union shall be perpetual: nor
shall env alteration, at any time here
after, be made in any Of them " the
Articltsl "unless such alteration be
agreed to in a Congress Of the United
States, and afterwards confirmed by the
LegislatuPsofye every state,
The phrase, /" the United States Of
America, in General Congress assem-
bled " was adopted in the Declaration OF
IndepeDdence, as meaning merely the
several American States, leagued or
or united together and the Articles of
Confederation provided that the style OF
the Confaderacy should be, The United
States Of America
In January, 1856, the State Of Virginia,
by her Legislature, proposed -CohNen-
ton az Delegates from the states, for the
purpose, solely, Of augmenting the
bowers Of the Congress in respect TO the
regulation Of commerce. such con
yeufion was held in Annapolis, in Sep
teulber, l7sO, five States only being
REPRESENTED; and it confined It's action
10 a recommendation that all the states
should appoint Commissioners, who
should meet at Philadelphia on the
second Monday Of May, l7s7, "to take
into consideration the situation OF the
United States. TO devise such further
provisions as shall appear to them neces-
sary to render me Constitution o. O'F
federal gOueIRBleHt adequate to the eXi-
gencies OF the GliJll, and to report sucn
an act for that purpose to the United
States in Congress Gssembiedi as, Wheh
agreed to by them. and afterwards con-
firmed by the Legislature Of every state,
will effectually provide for the same"
Ii thus appears, beyond possibility of
contradiction, that the mere league and
confederation Of these States, in which
each continued Sovereign, Free and
independent in which each had one
vote. each raised its own quota OF al
MONEYS needed for general purposes, ana
there was no national Judiciary except
Prize Courts and Special Tribunals OF
Boards, 20 try controversies between the
States. where, when moneys were Dor
rowed, the States became joint debtors
was called "THE UNION; ana the
phrase, "The CONSTITUTION OF our
Federal Government" was proper and
usual.
The recommendation Of the COnven-
ton being placed before Congress, it re-
solved, ON the 2lst Of February, lTsI,
| thatthe Convention recommended should
I be held, for the sole and express pur-
| pose cf revising the Articles Of Confed-
Grafton. and reporting to Congress and
| the several Legislatures snch alterations
and provisions therein, as shall, when
/ agreed to in Congress, and confirmed o5
/ ne States, render the Federal COHStta-
ton adequate TO the exigencies of the
] gOrfy73mCHt, and the prescrUuti0n u thf
/ {uiOHn
This was re,olved ny the thirteen
| states, there in Congress assembled, ano
il was only following the mode oi
! amending the Articles Of Confederation
/ prescribed by those articles themselves
| the Convention acting as the mere drafts
man for the Congress, and having nC
other powers OF functions than that O
preparing the alterations, for the action
lof The Congress and the subsequent ac
ton Of euch separate state.
The Articles Of Confederation, agreed
10 i'm Congress on the 18th Of November
l777. were announced on the 9th OF July
I7Ts. TO have been ratified by eigh
states but they were not fully ratifie'
until the lst of March, l7Sl. From tn
Sd Of February, l7Sl, the Congress en-
dravored in vain, until 1871, to induce
| all the States to grant powers 10 regulat
commerce, lay duties on imports and L
provide means for paying the puoh
debt.
The Legislature Of New York had, Oh
the Goth OF July, 1852, proposed " a Gen
1 eral Convention Of the State, special.
authorized u revise and amend III
Confederation, reserVing a right TO IN
| respective Legislatures to ratify thei
determinations"
New York, New Jersey, Pennsylvania
Delaware and Virginia, were alone rep
resented at the convention at Annapolis
These States had authorized their com
! missioners TO act solely in regard 10
uniform system Of commercial inter
course and regulations, except New Jel
sey. which also authorized hers to cor
slider how far q uniform system N regar
10 this a." and other important matters
, might be necessary TO the common ~
terest aud permanent harmony of To
several States; and to report such an az
& on the subject, as, when ratified by then
p, would enable the United States in Cor
q gress assembled effectnally 10 provide fc
the eXigencies OF The Union"
p Delegates to the convention Of lfe
= | were appointed by the Legislature {
= each State Of the thirteen, except Rhod
r Island, each State bel2g as Georgis de
: clared herself in the tYmmissiOns issue
! TO her delegates " BIZ The Grace Of Coz
Fyec, S0UereigI, and Independent" =" VII
!, ginia, Pennsylvania, Delaware, Georgii
! New York, Massachusetts, and Marylan,
conferred on their Delegates the power
as 10 the alteration and revision, spec
J. fled in the resolution OF the Congress
5 2lst of February, I7SI, except that Dels
: ware instructed hers not TO consent
d any change Of that feature Of the article
Of Confederation, by which each Sta
had but one vote in Congress.
= Virginia also declared "the necessit
Of extending the revision of the Feder
system 10 all its defects - and that,
s her citizens had " united with the 9th
Z lCi,,tes in establishing Federal GeUer
,ne,,t y they were now willing "to co
4 cur in such farther concessions and pr
: visions as may be necessary to secure Il
;; greaf objects for which that gOUernae
/ s,.a afffrHfpn ~