Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-03-07
OPINION.
BT TEE COURT, Mr.. JUSTICE PIKE.



the Constitution may be the better un-
derstOOd, by a consideration Of the pro-
cesses of its formation. It Is a mistake
to suppose that it was the result Of a
compromise between the Northern and
Southern States IL was the crude fruit
OF 8 compromise and q bargain between
the Llrds states and the small ones, the
iueongruOus result Of the selhshness and
ambition of the strong, compelled TO
WELD more than they wished, 10 the OBJ
sJinsey and pertinacity of the weak Is
is a mistake to suppose that all, or any
considerable part OF, the Delegates from
the Southern States insisted upon those
principles which have since come to
form the body Of Southern doctrine. 1t
is a mistake TO suppose that the Consu-
tuition was the result OF any theory or
ideal system whatever, from which its
details flowed, or to which they were
adapted. II was, on the contrary, the
result Of a dgfgdt and abandonment Of
the theory and idea, OfYshich the de-
tails were cOrOllaTies the details re-
manning unchanged, and therefore net
ia harmony with the general plan.
Ii is equally a mistake 10 imagine
that all understood the constitution
alike. On the contrary, il was one thing
7
the people who ratified it, and another
thing to another part OF each so that
one portion or the other of the people
ratified it, mistaking its character and
nature. Their consent was even obtained,
in some cases, by palpabie misrepresen-
tations, and il was necessarily short
lived, owing its destruction 10 a congeni-
tai malady.
The motives and springs Of action Of
tie 1oembers Of the Convention occupied
no higher a level than those Of the Ordi-
uary statesmen Of the present day. The
mem bers were sensible, prudent calcu-
latiug, each seeking the particular az
grauuiZemeut Of his State. South Caro-
ina and Georgia wanted the slave trade
continued. The small States, North and
south. wanted an equal vote OF the States
in each House of Congress New Eng-
land wanted the carrying trade. The
lsrEer States wanted q representation
according 10 popular numbers, i'm both
Houses OF the National Legislature.
The Slave States wanted their reuresen-
tatiou increased bv counting all or part
of their slaves. Every body had, TO use
an EXPRESSION. which has become legiu-
mate, q log to roll The result was a
bargain, in which principle was laid
aside.
The large States were, in the order Of
their population, Virginia, Pennsylvania
and Massachusetts. They were aided
bv North and South Carolina and Geor-
gia. The State Of Virginia, as it Will BE-
seen, did her utmost to reduce the small
and weak States 10 uuiupUrtance, TO
1naiHRGte State Sovereignty, and to
create what was intended by her dele
gates to be, and would inevitably have
become, consolidated National Gov
eminent. The word National came
from her; the Sovereignty Of the States
was denied by her; she sought 70 gather
all the powers of Government into the
hands Of the large States, and 10 enable
.hem to aDnul even the home-iegislatiOn
of the small ones; the small States were
determined not TO submit TO this; and
but for the assistance of New York,
which stood 10y them, the Convention
would have broken up without eitectng
ANYTHING, sud without sowing the seeds
OF this war,
LUTHER MARTIN, of Maryland,
member Of the Convention, very fully
exposed, to the Legislature OF his State,
in January, I7sS, the process by means
of which the Constitution was fashioned.
He said that even when the COIJederd-
ti0l was entered into, VIRGINIA pro
posed and obstiuately eOntended,
contrary the sense Of and I'M
| supported by, the other states, for an
equality Of suffrage founded on numbers,
/ or some such scale, which should give
/ her and certain other States, influence
/ in the Union over the rest and that,
/ i'm the Convention which framed the new
I Constitution, she still contended for g
/ representation propoTti0ued 70 her num-
[ bers, as If the want Of tust was the prin-
cipal defect I'm our original system
/ The object Of Virginia aud the other
/ large States, was, he said, TO increase
their power and influence over the
/ others The struggle TO prevent the
/ large States from having an the power
i'm their hands, nearly terminated IN q
dissolution Of the Convention the
attempt Of the large States being, not
ouiy u have a voice in proportion to
population ia the Gouse Of Representa-
lives, but also in the NtHato and they
proposing, moreover, that the PrcSiden'
Should Be elected ty The Congress, and me
judGes appointed IN the Senate; with q
lpoWer in Congress to negative laws
! passed By the States, oonuavening, u
their 0DiaiOB, the Articles Of Union or 8
4 Treaty; and TO l5gislate il ell case'
where the states might be incompetent
or the harmony Of the United state'
would be Interrupted by the exercise o
individual legislation
'The Federal Convention met on tht
y l4th OF May, l7s7. Nothing was done
/ = majority Of the States not being repre-
/ sented, lntii lhs n, when WASHING
. | r0S was elected PresiAsgt Qf the Con
. 1 vention, and it adjourned untn the - I'd
. On the 29th, az soon as rules wer'
. adopted, VIRGINIA, by EDMUND RAN
! DOLPH, and SOUTH CAROLINA, bl
G,IARIEs PINCKNEY, proposed thei
! plan5 for . CsrstitutiOn OF Government
Tie Nirginis pi.n 6e-tsred That IN
, right OF suffrage, ia The NGtioHdg Lfgs s
5 Irftfre, ought to be propOrtioned 10 IN
y -uotas OF contribution, or to the numbe
: 81 trs- iEka hitants, as the one or u
5 other may seem Dest, = different cases.
This was the Second RESOLUTION.
S IL proposed that the .membels OF th
Z rr.t Lranch ought to be elected by tb'
,PsObls of the ssgarsi States and Thos
S Of the second branch 6y those u the Bfsl
5 out of a proper number Of persons noml
Z mated by the individual Legislatures
s that the National Legislature ought {
: : I've the powers Of legislation and mega
s tive wnisA have mentioned above
I. and to cdl tOrth th. Go-.5s of tte Uaio
5 against any member Of he tBuoi. jzjt
8 iaQ 90 toiH is d,sfa Latder the article
z tgsreg!. ~
1t propossd t,,lSt the National ExecU
Z tive' should be chossa Nv the Nations
: Legislature and thst : National j.
/ dietary should be established, tn hol
their offices during good behaviour wit
power, amoBg other things, to determin
la4sstions involving the National peac
!, or hagROav.'
on the seth Ct June, these Resolution
altered, ameudea ana ogreed 70, wei
reported by Committee of tns Yhol
Honse, TO the Convention. As amended
they proposed that the members Of ii
first branch OF the National Legislatui
> should be elected by the people Of th
States, SOD those Of the second branc
q nv the Legislatures tlat the Nations
T,e0isIature should have the sane pewei
= Of legislation and negative as original
nroDossd that the basis Of the repry