The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-01-28
SHERIDAN AND HIS PERILS.

pOtcers in the Federal Constitution, one a.
all, are delegated powers that is, powers
be used by agents for employers or delegate
J. l-powers, not 'so1Yede1Yd' or ''relinquisheo
= as the common phrase is, but entrusted for u
! to agents by those to whom they belon
And, OF course, they do not belong to st
;, government, or even 'the United States
l. bus to the deieg ators-the American asso,
ated commemorative. This is made certa
q by the words used in vesting (see Arts. 1,
= and LII, of each) and the Tenth Amen
ment, which says all ''p9wers not delegated a
reserved
, Again, the words retained" and "raser
ed IN the Ninth and Tenth Amendment
show, beyond question, that all powers not
the Constitution are out Of it, and in the afor
SAID delegators. So much for estate right
reserved N the Federal Constitution" and, t
use Lincolns phrase, the States having n
rights or status except IN the Constitution.
If, then, the Constitution only contains de-
egated powers. and all powers out Of it ar
still in the delegators, it follows that al
powers belong to the commonwealth of pee
pie, l. e., the States; and that these are tn
sovereigns of the country.
What means the following phrases: 9Th
Constitution Of Ii. e., belonging to1 the
States; "the Government Of the States :;
''the treasury Of the States;" 'the army an(
navy of the States "the territory and othe1
property Of the States" but that the Con.
stitution and all that is in or under it, belong
| to the States.
AS powers are only delegated in the Consti-
tuition, the State that delegates remains the
owner. There Is no such idea as that of cir
revocable grant" or alienation repeat
that it is a trust and that all the fathers con
sldered it so-tbe commonwealth being the
trustor, and the States, or their agents, the
trustees.
1t follows that Sheridan is (unwittingly,
! presume,) using the powers of Louisiana
for her injury, and thereby violating the
most sacred trust that people can confide.
OF course he is subject to damages for
torts Or to punishment for crimes, and he can
only defend successfully where he can plead
the legal orders of Grant.
Now. let us ask two questions
l. What can Sheridan innocently do?
2. How can the commonwealth prevent in
jury from his excuses?
The first of these the Constitution ex-
pressly answers and the second [ Shall cite
the fathers to settle:
|. He can carry out, under orders, the fol-
lowing part of the sovereigns will 1.-The
United States shall protect each of
them against invasion and, on application of
ne Legislature. or Of the e.rec.tire (3rhen the
Legislature can not be conceaeo), agui,,st domes
ic riolence.
The language is plain, and if these condi- |
ions do not concur when he interyenes he |
oerures himself no matter what orders be
nay have.
1t is not enough thought of that our policy
$ system Of checks and balances, not the
east part of which is the oaths of officials
o protect the Constitution, each acting and
bIa for b1rOca1f hut {ab e
leeds be, counteracting the rest
Webster said the Constitution, to preserve
tself, 'lays its hand on individual con-
clence and individual duty" And Jackson
AID: 81 swore to obey and protect the Con-
htutlon as (and not Others) understand it."
Leaving this for thought, let us inquire
Ii. What the fathers thought the States.
nder our system, had the right to do when ,
ederal authorities should act. as Grant and
herdan have done, in excess Of powers? {
Eft MASSACHUSETTS, SPEAK THROUGH HER SONS !
In her ratlfying convention such views as {
lie above met no dissent whatever. c
REV. SAMUEL STILLAIAN said .'After all, if
us Constitution were as perfect as the sacred '
olume is. it would not secure the liberties of 4
ie people, unless they watched their own /
oertles. Nothing written on paper will do A
is. Should the General Government O
9come so lost to all sense of honor, and the O
eedom OF the people, as to attempt to en- t
ave them, they, who are the descendants of a
race Of men who have dethroned kings. il
ould make an American Congress rremble i,
rip them of their public honors and reduce D
EN- to the lowest state OF degradation.
l Ell. Deb, 1851 n
JUDGE PARSONS, afterwards the celebrated 5;
lief Justice of Massachusetts, took the 81
me view in the convention. Speaking of N
e Federal Government, he said Il
They are the servants of the people, vested st
tn delegated powers; in this case the tt
)ple direst themselves of nothing." Again, he a
ID: can increase of powers by usurpation is &C
'arly a violation of the Federal Constitu- re
n" and the oath to support the instrument al
iges the officers Of the seuerM States" to oppose Sc
He also spoke of another check, FOUNDED
THE NATURE OF THE UNION, superior to all the
rchment checks that can be Invented
t there should be usurpation, it will be
on THIRTEEN LEGISLATURES com.
'ely organized, possessed Of the confidence of
people, and haring the means as aoeu as IN
aation, successfully to oppose it," And he
this as an appeal to arms I'll rs
Deb, 81.
said Fisher Ames, on the same occasion: in
The State governments represent the ,eishes, in,
feelings, and local interests of the peoDle ne
y tcttC cIOfu oHcttti Nt{ttttSt me uDuSp OF | Dr
-er; and ,eM be TIE MUTUAL AVEN au
RS OF OUR VIOLATED RIGHTS" SC,
ELL, Deb, 46.
What ! can the States fight the Federal til,
if it attempt coercion: This pu
lson comes from Massachusetts, tits true In,
sound principle. ne.
SIMILAR TREASON FROM VIRGINIA, inc
AID EDMUND RANDOLPH, the then Cover acc
OF Virginia, afterwards Attorney General. da,
Secretary of State under Washington's So!
ninistration, in the Virginia ratifying con- res
ton: Congress cannot "possibly assume Pas
other power but what is contained in the flip
stitution without absolute usurpation wei
ther security is that if they attempt such so
urpation, the influence of the State gov cri,
nents will nip it in the bud of hope. The tin.
eminent will be cautiously watched, and in
n'allet assumption Of po,eer 1rW be sounded are
arm to the people, and tolio,red Jy BY BOLD do
ACTIVE OPPOSITION" III ELL Deb I
ADIsoN not only often spoke of the States ply
overeigns, and superior to the govern whc
t they formed but as poSSeSSino the all t,ir