The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1870-06-22

passed since the war closed, and in 1865 the
States had their Senators ready to take their
| seats. but were refused. Was this with their
consent2 would the States have sent them 70
Washington, and that too with their consent
to be deprived Of their suffrage in the Senate.
II that is so, then the Thirteenth, Fourteenth
and Fifteenth Amendments are no part Of the
Constitution, and all who have sworn TO sup
| port the Constitution must oppose the en-
| forcement OF those amendments, they call
them. or stand committed before the world of
| violating their Constitutional oath. The
Constitution gives to the Federal Government
power to make treaties, but as the right to
regulate suffrage in the States was not dele
gated, the States still retain their right to
regulate their own domestic institutions. Any
treaty therefore affecting this right in the
States Is a nullity and void: consequently the
famous Burlingame treaty with China is not
valid and no court can enforce il on the States.
| 1t is certainly a wonderful turn of the wheel
I OF fortune which imposes upon the American
people an occasion for the discussion and
| maintenance of rights of persons and property,
which are not only inherent in every freeman,
but which are acknowledged in every line of
the Constitution and laws. Nothing but the
most astounding events of the day could have
provoked this extraordinary condition Of
things. Before the American revolution there
were on the great eastern slope of North Amer
lea, along the shores of the Atlantic thirteen
separate colonies. These colonies we're indeed
connected with England as their mother coun-
try; but in their relations to each other they
were independent and sovereign nations. The
common fear of Great Britain had caused these
colonies to adopt articles of confederation and
declare their Independence; but all this
wrought no change in the political status of
these colonies. now called States. The nrti-
cles of confederation We're simply for the mu-
tual cooperation of the colonies, To maintain
their independence. The Declaration of In
dependence simply declared that the usurpa-
tions of the sovereign had already brought
about Il change by which, from being colonies
Of England. they had become free and indie
pendent States. IL did not make them free.
| Their ancestors, the original colonists, were
free born EnglIshmen, and had transmitted
their rights and liberties undiminished to their
children. Magma Charta had ever been the
fundamental law Of the colonies, and their
code was always the equitable code Of English
common law. The revolution, therefore, was
not undertaken to obtain, but to maintain, their
freedom; not because they were not freemen,
but because Il tyraunous attempt VAS made TO
| make them slaves. When they became indie
pendent, they were no more free than their
fathers had always been. Magma Charta aud
the English common law were still theirs. and
they are StW ours; for. having been the funda-
mental law III every colony, they still remained
supreme when the colonies became States and
never yet having been nbrogated, they are still
| the fundamental law in almost every American
u
| the States free nor cOndescended to prove their
! right To- freedom. II simply declared the fact.
! In like manner the Declaration did not make
| them independent. II proclaimed that they
were already independent. Their sovereign,
! by the abuse OF asuvcTcignty lawfully acquired
/ had given them the right of rebellion and rev.
olutIOn against him, so that they were now
justified i'll rejecting his sovereignty and in
I achieving their independence 10y force of arms.
As there are many of our Republican fellow
citizens who have never read Magma Charta,
will here give the chapter referred to, i'll full:
MAGSA CHARTA.
| John, by the grace of God, King of Eng
! land, Lord Of Ireland, Duke of Normandy
aud Count of Anjou, to his archbishops. bish-
ops, abbots, earls, barons. justiciaries, forest
ers sheriffs, governors, and to all his bailifs'
! liegemen, greeting:
! CHAP. 61.-"But. forasmuch as we have
| granted all these things aforesaid TO God. both
| for the amendment of our kingdom and for
! the better settling Of the discord which has
/ sprung up between us and our bnrons; and,
| forasmuch as we desire that these things
should remain in perfect and complete stablli-
! ty forever; therefore do make and grant
! them the security undcrwTittcn, to wit:
| THAT the barons may elect twenty-five
barons of the kingdom, whom they please,
who shall. with their whole power observe,
| keep, and cause to be observed. the liberties
| which we have granted and confirmed to them
| by this, our charter; that is to saw if we or
our justicinry, or our baliffs. or any of our
officers, shall have injured any one in any
! thing, or shall have transgresscd any article
of peace or security, and the injury shall be
shown to four Of tho aforesaid five and twenty
/ barons, the -four barons shall come to us. or
to our justiciRry, if we shall he out OF the
kingdom, and, making known to us the wrong
! committed, shall petition MS to cause il TO be
\ redressed without delay. And il we or our
! justiciary IL we be not in the kingdom, do
not redress the wrong within the term of forty
days 10 be reckoned from the time when we
were notified thereof. or when our justiciary
was notified, IL we were not in the kingdom.
! the aforesaid four barons shall lay the cause
| before the residue Of the five and twenty bar
! ons, and they, the five and twenty barons.
with the community Of the whole land, shall
harrass and distress MS in whatever ways they
shall DO able, by the capture Of our castles,
lands and possessions. and by any other
means they can. until the injury has been
redressed according TO their Judgment; saving
harmless our own person and tho person of
our Queen and children. And when the
wrong has been rcdressed, they shall behave
TO ms M they have done before. and whoe yer
Of our land shall please, may swear TINT they
will obey the commands of the aforesaid fivo
and twenty barons ip accomplishing all these
aforesaid things. and that together with them
he will harrass us according 10 his power.
And we do publicly and freely grant, to every
4 man who chooses. leave to take this OATH nor
will we ever forbid any man TO take IL.
Aud neither by ourselves, nor through apoth.
or. will we obtain anything from any man,
through which any Of these grants and libor.
. tiao ,,,ay no roypLod or loaaanaI And IL anv