The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-01-04


he 10th of December, is so timely, SO
and so unanswerabls as an
argument in favor Of our Ri HI to reps
that we cannot sist the
temptation to makea few racts
Why, sir, il you have this authority
to govern people without their being
here, suppose you try
your hands upon the West India Is
lands, Cuba, Jamaica, San Domingo
and Porto Rico Suppose you try
your hands upon Mexico and the
States of British North America, and
see whether or not you are willing to
pledge yourself not only to sustain
your power over people not repre-
scented, but your ability to make terri
torial governments over the whole of
North America, Including the ada
cent islands. Now, sir, YOU have as
much authority to extend territorial
governments over the people of Cuba,
over the States of Mexico, Central
America, and British North America,
as you have of extendinga territorial,
arbitrary government oversth people
of the States not represented.
You do not admit that these States
are out of the Union IF they are
out of the. Union, then you have no
right to govern them.s If they are in
the Union then they are in as States,
and as States have right to their pro-
portion Of representations the Lower
House of Congress and their right to
equal representation on the floor of
the United States Senate Otherwise,
there is no Constitutional power and
authority to govern them; none what
ever.
Now / do not find from one dis
tinguished man of our own political
school an expression of opinion on q
public theater, where the party could
be held responsible for his views, de-
hberate expression of his opinion,
that this is a popular Government
and its powers are co-extenSive with
the will of existing majorities. You
cannot find it; this is Government
of States; not only does the history
of the times prove it by showing they
were independent sovereign States
before the Government was formed,
but it is proved by the Constitution
itself. 1t was made by the States.
The States were to be represented
equally in the Senate. regardless of
their geographical extent, of size, or
amount of population. The principle
was declared and the mode prescribed
in the Constitution itself, whereby
the States should be represented in
the lower branches of Congress, but
they were still the representatives of
States. The President of the United
States was to be selected by the States.
Each and all are required by the funda-
mental and irrpealable law, the Con-
stitution of the United States, to Sc
lect their representation in the Eiecto-
raj College for the purpose of electing
President and Vice President; and
if any candidate fail to receive ma
jority there then the election comes
into this House, where it - to be de-
cided by States, each State Only having
one vote, to be cast by the majority
VI oClCSdJlOL, anu uldJOIIUH Vi dIl
the States necessary to choice.
Not only is it the fact that the ma
chinery of the Federal Government
has been provided by States; that it's
functionaries represent the States !;
that it gives to the States the power
of electing the Chief Magistrates but
the Constitution itself proves most
conclusively that the States were to
continue to exist with all their re-
tanned powers in the Federal Union,
and that the ends and purposes for
which the Government of the United
States was established could we'll be
subserved without interference with
the independent governmental charac
ter of the States. 1t was never in
tended to interfere with the authority
and rights o. the States as such.
They were to rule themselves within
their own borders to all intents and
purposes, so that they assumed no
granted power and exercised none
prohibited to them. They had the
right to adopt their own criminal and
civil codes, to regulate by their own
laws their own internal concerns in
every particular iu regard to crimes
and punishments, civil rights, the
transmission of real estate by pur-
chase or descent, the mode of distri-
button of personal estates, the rela-
ton of husband and wife, parent and
child, guardian and ward, and, if you
please, master and slave; all the duties
and obligations pertaining to the va
rious civil officers, of executors, adj
ministrators and trustees. All these
powers are retained by the States,
with the reserved power to each
State for itself to control its own pol
icy in regard to manufactures, agricul-
ture and commerce within its own
borders
Now, look at the character of the
Federal Government. 1t may raise an
army. The States have no right to
create armies or raise troops in time of
peace. The Federal Government may