Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-03-06
The State Of Arkansas Us. Sam.
uei ~. Williams.
OPINION
BE TIKI COURT, zR- JUSTICE PIKE.


I klOl Glfeus OF lI6 nature OF the new con-
sttqtiOn Of government. II was written
by MF. Madison but as all the mum bers
[ purpOrted to be from one pen, and were
under a single signature, Hamilton and
Jay must be regarded as equally concur
ring in and making the explanation.
In the 39th number, Publius thus
states principal objection Of the adver-
saries Of the proposed constitution % 1t
was not sufficient for the convention to
adhere to the republican form. They
ought, with equal care, TO have pre-
served the federal form, which regards
the Onion as q COHf6dgrEcJ Of sovereign
states: instead Of which they have
framed a national government. which
regards the Union as a consolidation Of
the statesn It was asked, be said, by
what authority this bold and radical
innovation was undertaken =? and the
handle made Of the objection, he said,
required that it should be examined
with some precision.
He then proceeded to inquire, first, Es
to the real character Of the government
iu question: And as 10 uf,sS he said /:
" IL appears, on the one hand, that the
constitution is TO be founded on the assent
and ratification Of the people Of Amer-
icG, giving by deputies elected for the
special purpose: but, on the other, that
this assent aud ratification is to be given
by The people, NOT As INDIVIDUALS COM
POSING ONE ENTIRE NATION, 6llt as
composing the distinct and independent
States TO lriich they respectively belong
IT Is TO BE THE ASSENT AND RATIFICA-
TION OF THE SEVERAL STATES. dsrjred
from the supreme authority iH each State,
the authority Of the peOple themselves.
fs4k k.Ia n afrnrr ma
stitution, viii not be a National, but q
Federal act"
That il JrDUlG be sO,-'the set Of the
people, as forming so many independent
States, not as forming one aggregate ma
tiOn, was obvious, he said, "a from this
single consideration, that it is TO result
neither from the decision of a majority
of the people Of the Union, nor from that
Of a majority Of the Ststes. It must re-
suit from the unanimous assent Of the
several States that are parties 10 it, diff
ferent no otherwise from their ordinary
assent, than in its being expressed,
not by the legislative authority, but
by that of the people them
selves" The people, he said, were
not regarded, in this transaction, as
forming one nation; for if they were,
the viii OF the majority Uf the whole
people Of the United States would bind
the minority, that being sscertaiued By
count Of the individual votes or regard
ing the viii Of majority OF the States
as evidence Of il. But, he said, Each
State, in ratifying the constitution, is
considered a sovereign body, independ-
ent Of all Others, and only to be bound
by its own voluntary act.n
&" The Senate he said, will derive
its powers from the States, as political
aud co-equal societies: and these viii be
represented, on the principle of equality,
in the Senate, as they now are in the
existing Congress. SO far, he said, the
government was federul.h
But he admitted that the House Of
Representatives would derive its powers
from the people OF America, who would
be represented in the same proportion
and on the same principle IS they are in
3 legislature Of a particular State. So
far, ne said the government is national,
not Federal. The immediate cleo
tion, % be said, OF the President, is to
be made by the States in their political
characters,n y the votes allotted them
being in q compound ratio, their vote in
the Senate added 10 their vote in the
House; and, if the election came to be
made By the House, each State having
one vote. So, as TO the President, be
considered the government as of a mixed
character, as much federal as national.
1t was DO doubt deemed indispensable,
10 find favor for the new government,
that its popular features should be pre-
seuted in as bold relief as truth would at
all allow. For it was, in the main, in
tended to restrain the popular viii, and,
conducting il through different channels,
. g. 70 HnN
law OF executive action. So, by a sys-
tenn Of circuitCus canals, the wise old
Egyptian Nonsrchs subdividiDg and de-
laying the waters of the Nile, forced
them 70 fertiliZe, instead of desOlating
the land. This could not safely be
avowed with too open a holiness, as the
/ leading object Of the constitution and
it was not unnatural that the Elost should
be made Of the popular features Of the
instrument.
The house Of representatives did not
represent the people Of 4HieTicd,i eX-
cept as they represented the people of
each state, nor any more than the SEN
ators did. That house was, by the con-
stitutiOn, to be composed Of members
/ chosen every second year by the peO-
/ pie Of the seUerdy states:' the voters in
/ the different states having, perhaps,
| very different qualifications: since it
was only provided that they should
/ have at least the qualifications required
I 70 eDtitle persons to vote there for mem
/ bers Of the most numerous branch Of
| the legislature. Each state, therefore,
was to elect her representatives 10 con-
gress, by the vote Ct such portion Of her
| fraction Of the people CT America, IS
she might choose b prescribe.
.1nrrr
togetherl was Of the United
states. When the Senate and House
/ Of Representatives OF the United States
of America, in Congress Assem- bied
enacts q law, Il Is not the SeDate aud
House, but the United States, who are
Assem- bled in Congress. It is not the
States in one House and the people Of
America IN the other. Nor do the
people Of America, by part Of the votes
OF the Electors, and the STATES ~ tvo
/ electoral votes each, Jointly elect the
| President. Representative are appor-
toned among the States = each State
/ shall have at least one Representative =
until JaE ftrst enumeration, the State Of
( New Hampshire ghsI be entitled 10
] choose three, Massach useLJs eight, etc.
1 Vacancies occur in 'the representation
I from the State,' and the Governor issues
/ wTits ~ election 70 I'll them. II is the
State which = entitled 10 Representa-
tives IS well as senatoss, il the Con-
gress.
and, as 10 the President, each STATE
shall sPp0iat, ip such EAaDner Is the
Legislature thereof a.ayTsirert. a num-
! Der of Electors, equal 20 the whole
nuHber Of Senators and Representatives
/ 10 which the State may be entitled in
/ she cOngfvss.' u is the vote Of THE
| STATE which these give.
The inequality Of the vote Of the
I States, in the House OF Representatives
and for President, did not make the vote
anv the less that ii the ztateg. In the
Iveian Contederacy, az III. Hamilton
stated in the 9Th number) which con-
| sisted of tWenty-thFee cities or republics,
I the largest were entitled to three votes
in Inc Common Council, those Of the
middle class to ti0o, and the smallest to
& D' "a COufadeFatQ Raun3,fta