Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-03-01
The State Of Arkansas r.. Sam
ueI W. Williams.
OPINION.
By THE COURT, Mr. JUSTICE PIKE.

CONTINUED PROM
For the argument against the PROPOSE
ton that the constitution is a compact,
made by the States, who are the only
I parties to it, the advocates Of the con-
trary doctrine would with M voice
refer Us 10 the well considered speech Of
Nj. Webster, of Massachusetts,, delivered
in the Senate on the 10th of February,
4 1888, in the celebrated debate between
himself and Mr.. Calhoun. On that side
it undoubtedly exhausted the question
II was the utteraHce Of a great intellect,
too, invincible when in the right.
Mr.. Webster undertook to maintain /:
20 That the constitution Of the United
States is not a league, eOnfederaey or
compact, between the people OF the seUC-
raj States, in their sovereign capacities
bit a government proper, founded on
the adoption of the people, anu creating
| direct relations between itself and iHdi-
viduals." In the very statement Of the
proposition which he undertook to
maintain, he exhibited his deKterity.
No body could deny that the Gonstl-
] tuition created "a government proper,
| creating direct relatiOEE- between
itself aud individuals" the clauses Of
which proposition are dextrOusly sepa-
rated, u simit the insertion between
them OF the OHiy ~Iisputable proposition,
that this government proper was
SO founded on the adoption of the PsOpie,H
To urge the undeniable proposition, and,
aupaFeutfy triumphant there, to seem 10
demonstrate the disputed one, was not
an original device. Il is a old as ar
gumentatiCn . itself, snI Often misleads
an opponent, and OfJeEer "a audiences
and sometimes a court.
Now there is no doubt that the consti-
tuition created one nation for certain pur-
poses, and a government proper, found
ed 'on its adoption by the people of
each separate State, aud creating direct
relations between Itself and individnals-3
Accuracy in the Use Of words AMI terms,
is the first requisite Of logical argument ;
inacclIracv is of admirable profit to him
IN would at,HG 90 WIN VICTORIES wneu
really defeated. Vow the government
Of a State or nation, Il cgptra-distin-
cuished from the State or nation iJSa,l, is
not q person in law or entity, but merely
the aggregate Of the officers and agents
aud instruments, through which the
State exercises her powers. Wherefore,
s government prOpaF' is created when
ever two or more States agree to enter
into a league or confederation, anu to
exercise certain Of their powers of gov
eminent and sovereignty Jointly, by
means Of officers selected by them joint
III: and that government proper msy
well 'act directly on individuals When
Scotland and England united, no n
will doubt, a government proper was
created or established, by the concurrent
action Of the two soyereigns and this
o government proper has evsr since
acted directly on individuals though
created by the action Of each kingdom
separately, and not by the one people Of
the two realms. SO, too, when the king
dom OF Hungary "a united with that
of Austria, a government very proper
was created, acting directly and some
times quite sharply on individuals.
Under the articles Of Cancellation, we
find, in February, 1856, a committee OF
Congress saying that by the will and FOR
the benefit Of the people Of the United
States a Federal government was insti-
tuted > in I7S2, a committee speak OF the
Federal government having the appoint
ment Of certain officers that the Fed
eral constitution. could not exist with
out certain powers that no government
could exist without the power TO appoint
officers for those purposes which proceed
from and eOncentre IN itselfi indeed the
term Federal government Is conJln-
ually repeated, IN various connections, as
8 the system Ofthe Federal government,
q the faith Of the Federal govern
mentl the constitution Of the Federal
government "a also is the word ma
tion,' applied to the COnfedefscy andin
the Resolution Of Congress, Of 2lst Feb
ruary, 1857, recommending the holding
Of a convention in Philadelphia, as the
most probable means of establishing in
/ these States q firm national government
the names Of eflecting the object were
proposed TO be the revision Of the articles
! Of Confederation, and such alterations in
them as should, when confirmed by the
/ States, render the F6dcTaJ constitution
I adequate TO the eXigeucies Of gOUcJYgaeat
and preservation Of the TIti0lLi The
articles to be revised aud altered, the
alterations 10 be confirmed by the Stat,
/ the confederation and existing Union to
/ continue, these were to make the then
existing Federal constitution adequate 10
/ the eXigencies Of the existing govern
ment.
It is true that "the government"
under the confederation, had very linn
tied powers but it could make war and
peace, provide rsles in regard to captures
and prizes, establish courts for the trials
Of piracies and felonies on the high seas,
emit bills Of credit, regulate the value Of
mon ey, fix the standard Of weights and
measures, regulate trade with Indians,
establish and regulate Post Offices, exact
hostage, make rules for the government
~ the land and naval forces, and build
and equip a navy. The powers expressed
necessarily involved other incidental
powers; and thus the constitution" or
q Federal compact did created direct
relations between the government and
individual citizens
alt is the ycoyio, Mr.. Webster said,
4" and not the states who have entered
into this compact and Il ia the people
OF all the United States. The constltu-
ton is founded ON the consent Of the
people. The Union isnot the temporary
! Partnership OF the States. It IS the asso-
citation Of the people, under q co8stttt'-
G0u Of government" He still dexter
ouslv connected the two ideas, OF the
creation Of a constitution Of govern
ment,I and the creation Of that by the
people together a. # the latteI
necessarily followed, ii the former were
proved. It would almost seem that that
he was not aware that the words
Federal government constitution,
Federal compact constitution o.
government 'Union,' and 'nationa.
government had been constantly and
commonly used as applicable to the con-
federation.
These were assertions. But he argued
that "if it were admitted that our in
strument Of government was a cOgtsiitu-
ton, then, for that Wy reason, it Is not
a compact between sOvereigus a con
~stitutiOn Of government and a com
pact between sovereign powers be.
ing things essentially unlike in
their very natures, and incapable O
ever being the same and thai
there was no compact between tina
States, because the people only ratified s
constitution or form Of g-oUornn1egat.'
The meaning thus given to the word
constitution is entirely arbitrary: or
rather, the assertion Of some unknown
meaning OF that word, different from
that Of a compact is without any war.
rant. And this assertion constitutes thu
: o-r0uney3t. Now, by a firm and well set.
tied rule Of law, as well founded in rea.
son. also, as it is well-settled, words pre-
! violisly ia common use, with a fixed anc
) settled meaning, must be taken, wher
usad IN the c~OnstItution, 10 Ia usaf