Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-02-12
phI.t. Of areece Iaade the olive grove.


phi4ts Of Greece made the olive groves
of A hens.
Siugularly enough, one Of the most
hotly debated questions that have arisen
under it was that which Of all muHt have
seemed, to the plain men who framed IL,
most unlikely toarise: WHO nude The
constitution, and created the United
States OF America as theg 1loD ,sEfst ~
On this question, Two Of the mightiest
intelleets of the country once exhausted
themselves, In the presence OF an admir-
ing senate-the question being whether
the constitution wss the work and enact
ment of the states, as separate units and
soUereiQnties, or of the people OF al the
states as Que aggregate.
/ 1 feel how presumptuous It is for me
| to endeavor to explain that which so oo-
/ cupied those great lntelleots, with whom
the whole country took sides. Eut yet
cannot help thinking the matter sus-
/ ceptible of very simple solution.
When the convention Of delegates
| from the states met in that convention
which sat in ,l767, all the American
states, including the twelve represented
| in that convention, were 0onfetlerated
and lCagued together as independent re-
publies, having "A common government
for specific purposes and with limited
powers. That government experience
had shown to be ineffective, and the OBJ
i,,ct was 10 establish a more perfect
kunion among the states Those states,
DO confederaIed, were called by the same
name afterwards adopted by the consti-
tuition, and the term the United States
Of America" meant, not one unit but
the several states, leagued or united to-
gether. 1t did not express 8 thing or
political entity, separate and distinct In
law from all and each of the states, but
simply those states themselves; pre-
cisely as if it had been instead, the thir-
teen states Of america, united in q league
Of arrsity, and acting for certain purposes
Sn concert"
The convention settled and framed q
constitution, which provided that when
1t should be ratified by each OF any nine
of the states represented IL should be
" established, - I. a., should become Rn
effeetual operative instrument OF gov
eminent,
The ordinary rules Of law and common
sense show that these delegates were the
agents, each of his state, and that they
so acknowledged snd recognized them
selves and that when each state ratified
the constitution SO framed by its agents,
that constitution became its, the st0te's,
work and act. What one does by another
he does himself; and therefore the states,
as states, were the makers Of, and the
only parties TO, the constitution.
This was equally evident from the
provision that the states, each acting for
itself, aud by itself as a unit, were to
adopt any subsequent amendments to
the constitution.
But the pream ole to the constitution |
declared that " WE, the PEOPLE Of the |
United States, do or !
dnia and establish this constitution, for the !
United States Of america" 1t Is clear |
enough that as each state, as and when 4
il ratified the work Of its agents, ac- I
cepted and pronounced this preamble 1
and declaration, il was not pronounced 1
at all until then; and accordingly 1t 1
would seem inevitably to follow that it 4
was made and pronounced by the states, 1
each for itself, and meant that they, each /
for itself, As states, did OrdSln ana estab- /
iish the constitution.
But in opposition to this, it has been /
urged that the phrase We, THE PEo- |
PIE of the Uajted Stdtes," necessarily 1
and plainly meant, " We, the people Of
the one country at large, composed Of
the several states known under this con-
stitltion as the United States" Now, as
the power or powers, the party or par
ties, that 40 ordained and established the
were those that had an
actual and legal existence prior thereto,
inasmuch as the creator must exist be-
fore the creature, and the Ordainer before
the thing ordained, the phrase We, the
people Of the United Stdtes," NECESSARILY
meant the people of those United States
previously existing, under their previous
con federation, acting as such, in the only
mode of action then competent for them,
and through their then existing Lawful
Tgans. Consequently, it was the people
Of each of the cUnfederated states, while
people Of each state,
acting by themselves as a unit, or one
party, separate and distinct from the peo-
Dle Of every other state-thRt did Ordain
and establish the constitution. And
though in legal contemplation the state is
40 Individual, separate and distinct in law
from each individual and the aggregate
Of all the individuals composing its peO-
pie, yet, in substance and essentially, the
people and the state were the same, and
The action Of the people of the state was
the action of the state; and tle word /,
people was employed simply In re-
5Ognilion of the great truth on which all
our American governments repOse-that
the people are the source Of power, and
The acts of the state and her authorities
are valid only becaEse they are ia reality
and in essence the sets Of the people OF
The state themselves.
And accordingly, $50 far as concerns
the question W'are now considering, the
use of tho w6ai people" has no sig
thepreamble is essentially
and exactly the same as if 1t had read,
u We, the thirtsen states Of n EOrth Amer
ca, now oonfederated, do, sctiEg ia con-
cert, but each state for itself, orliain and
this constitution