Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-02-26
The State CT Arkansas vs.. SAW
uef w. Williams.


BE THE COURT, NH. JUSTICE PIKE.
This is an application TO the Court, by
motion filed 10y the Attorney General for
the time tGing, TO the effect that, in the
exercise Of the original jurisdiction Of the
Court, a writ of Quo Warraut0 issue to
require Samuel w. Williams 10 appear
here and show by what warrant he holds
the Office and franchise of Attorney
General Of the State Of Arkansas.
The first question presented in the ease
Is of power. We are constrained to in
quira whether we have the power, in the
exercise Of original jurisdiction, to issue
a writ Of Quo Warraut0 and hear and
determine the suit instituted by il.
And this inquiry not only requires us
to interpret important clauses of the Con-
stitution, but is also greatly complicated
by conflicting decisions of this Court
itself
And if, determining that it belongs to
the Court 10 exercise the jurisdiction, we
are brought to consider the principal
question, its magnitude and gravity op-
press US; for its roots reach downward
10 the very foundation oFrye State and
in its consideration that OF the extent OF
her powers is involved, and how far this
Court is invested with jurisdiction to con-
slider the rightfulHess Of her action, when
the citizen appeals from her exercise OF
sovereign power to the cold Judgment OF
reason, and when life and death may
hang suspended upon the decision. We
cannot but be profoundly impressed by
the magnitude OF the controversy, aud
conscious with what freedom from pas
sion and pTeposSessions we ought 20 come
to the consideration Of the subject.
II is especially necessary, in discuss
ing constitutional questions, 10 possess
clear ideas as to fundamentals or The
DriuciDiu. To commence with an eTrOn-
cons theory is fatal always leading TO
wrong conclusions. reached by vicious
argument: End becoming real danger
Gus and unconstitutional habits ana
practices in legislation and 2dministra-
ton. Sometimes, when the tuUdBmen-
tsl error widely prevails. it is pregnant
wits national disaster and Calamlties
IKE those thCt have now fallen upon
what lUdS one country. No radical error,
widely prevailing, in matters Of govern
ment, can be innocent aud harmless
because no such theory can long remain
unreaiized in practice. No abstract
theories as to the constitution Of govern
ment Of living nation, are discussed by
lis stgtesmen. Upon their theories The
rights and lives Of citizens, and the hap-
pinqgs or eaia@ities of the State are
ALWAYS at last found t0depend. Practice,
i'm government, is IN iEe main, theory
in action.
Tie constitution Of a free State i g
Fundamental law, the fruit of compact
betwesn all The citizens OF tie state. BJ
II the Veople cFeSte 2 municipal cofpo-
ration. ad ideal unif, tle up.tg OF tns
manifoIdness o. the people, composed .oi
the aggregate and succession o. al lhe
individuals. This corporation s the
State, the nation . the country, tAe
motberland' II has individuality, ln
law; is a person in law, with power anu
capacity 10 make contracts, incur debts,
grant franchises. exercise the powers ol
government and the like, as natural
person could. The Boman word 'c5rHdSi
best expressed what n State Is the IGlly y
OF the fciuss,f citizens; as mankind o'
humanity is the unit Of al human iDdi-
viduals, past. present and IL come
Corporate existence g. created, ana
corporste powers are vested, when lhe
corporators are many, in order To ave
unity and efficiency TO their joint aclloi,'
and in other ways 70 operate 10 lhelr @u'
vantage and benefit Ine deoLs con
tracted by the State or other cOrporaNou
are not. in law, the debts Of any or al
Of lis citizens. Its contracts are not lh
law their contracts. It's action is mol, lu
law. their action. Bat this fiction eau
only he resOrted to for heueiicial pur'
| nosJs 1t cannot he used 10 abrldgt
/ The lights Of the people or other corpora
tocs. or in any wise 10 iujUye them. BE
] b..
| that the cOrpOratOrs arc the corporation
! the citizens the State. the cirifds the
elees and that the action Of the cOrp0r
alton or state, IS the action of the cor
poratofs oT citizens done by them by
means Of the officers who are Hcn
agents. Wherever il is necessary, u
effect the beneficial c.5ects for Nhiei
Governments are created, tie notion vii
disappear, and the reality take its place
/ in argument, and in the deduction q
| rsl,g Of practice in government IRON
/ first principles.
| AS cur constitutions aEe EsSda by th'
/ ueopIe. assembled in convention 5y theii
/ DELEGATES elected TO that end, 1t IS no
! theory, as it may be elsewhere, bUt JRnt
| fi,at each constitution is, essentially, AT
0grecRcat, c0ntfdei end bargain, mad'
! by alI the people, eaeh Gne with TN
otter. and by all with each anA eaci
with all. Al that seems TO he grau'
mower. restraint, nmitstion, restriction
| prohibition IS only so iu form. IL
! escence Is agreement and compact, an1 u
/ whole validity and force subsists IN ihat
] Nv fhis constitution ail agree in whs
manner only the viii Of the majority
/ shall be expressed, 80 a. to be in law
that is, by virtue Of The compact, the VII
! of all. Every constitutional law Is TIN
| the expression Of the will Of every iEdi
| vidugl; IS much 20 Of him Eh0 yote'
/ against it, IS 0f him who voted for u
as war, fog example, is the act @
/ every citizen, auo every one q party U
IL. even those who most bsiterly Opposes
| II BY the constitution, also, az RGre
ss 10 what powers Of government the.
! will exercise Jointly, in their corporat
| capacity, 10y the intervention 8nd agehc.
Of tha officers whose acts, within "
/ scops OF thejr legitimate authority, ar
! the acts Of the gate, that is, Of al IN
psaple Of the State. every oifcial &C
| Is either that Ok nothing, non dScani 70
done at all. il Is commonly tefae'
| sthe act OF the law Thereby, too, the,
Rgree how, and by what ageneies ities
1 viii exercise these powers and Wha
j UOmEES AAAtS y III AAAA -a>NA NiE'Sf -
agreement often taking the shape OF
Bin or Declaration OF Fights Of th
rights 6f the citizen; and each ciilzel
also agrees tor hii2self to obey the la"
which constitu6oBallg express the join
viii: aAd to do and refrain froE2 doinl
particular acts; the latter sometimes be
/ ing, ia form, prOhibiti69s or restraint
imposed on him but, in reality, sell
IMPOSED restrictions resting in contract
The people DO not, strictly speaking
GraHt powers, by the constitution; be
cause they do not part With sg9h pow
ers, but retain ihem; anG only prom L
and agree 10 what extent, and when an
how and by what agencies they vii
Jointly exercise them.
! This compact continues always IN a.
ssEse force, in war as ia peace. No stres
of circumstances can abTogete or suspen,
apy part or provision Of it, unless it is S
agreed ia itself. %bsDeVer any depart
nent OF officer exercises FoEars Whicl
f0a neopIe have not agreed to eEere s
Nv his agency, he or il is q usurper; ap
t6is az ang hme or season whatever
When any officer, upon the preiext o
s,naer the plea Of necessity, 50 take
s5non himself without constitutions
sgarraut, 10 exercise governmental pow
ers, he subygts the government an