New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-01-21

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the Same people, each sovereign in regard
TO certain duties to be performed by them,
is . paradox in politics, and 10 incorrect in
idea. One must DO the supreme power and
the other subordinate, although certain du-
ties ars intrusted alone to each In their ap'
propriate spheres.
We hold, then, that there 10 no sovereign
power in . State; that the sovereignty re-
sides in the United States, but thst under
the CONSTITUTION Of the Uuited States the
States alone are intrusted with certain
duties, which, fin the exercise thereof, they
should be opposed or Obstructed, the
United States would assist in having exc.
cuted, which shows the sovereignty Of the
United States, and the want of it in the
States. If the States were sovereign in any
particular, and were opposed in the exer-
bination Of citizens Or By . foreign State,
by what right could they demand pro.
tection for that sovereignty from the United
States. 1t would be Inconsistent to con-
tend for such an idea.
Then, the United States being the only
sovereign power in the government, and as
the constitution and laws of the United
States operate directly on the citizen, it
follows that our allegiance is primarily
due to the United States; this Goes not
lessen or impair, in any respect, our duty
to obev the laws Uf the State. Our duty to
respect and obey the laws Of the State
when they are not in violation OF the con-
stitution or laws of the United States, Is as
imperative as that to respect and obey the
laws of the United States. In fact, dis
obedience to the constitutional laws of the
State, is q violation of our allegiance to the
United States, az the constitution and laws
Of the st ate, not in violation of the cOnsti-
tuition and laws of the United States, are
part of tho sovereignty Of the United States,
and apy violation of those State laws, by
combinations too powerful for the State
authority TO suppress must, be suppressed
BY the authority OF the United States in
the exercise of her sovereignty: Then
the constitution of the United States
and the laws made in pursuance there
of and treaties and the constitutions
of the States and the laws passed
by the States not in violation Of the
constitution or laws or treaties of the United
States. cun institute the entire sovereignty
OF the United States, and all together
constitute one harmonious whole The
fact that authority is not conferred on
subjects on which the State Legisla-
lures are authorized to legislate, does
not impair the sovereignty OF the
United States, as in the exercise OF that
sovereignty the people of the United States
nave instrusted to the States the manage
ment of their domestic and local AFFAIRS;
the same 90 if the constitution of the State
had instructed to the parishes the exclu-
sive right to regulate the local and dOmes-
tic aft airs of parishes. This would not make
the parishes, in any sense OF the word,
sovereign or Independent Of the State
in any political or governmental sense.
Going further back-the theory of repub-
lican government is, that the sovereignty
reefs in the people, and whatever govern
ment is established by the people IL the
sovereign government tor the time oeinR,
subject to change BY them, ct viii, PROVIDED q
| they do 80 by pursuing the forms previously
prescribed for that purpose.
The second article in our platform should,
| in the natural order, have been the hrst; II
| is, THE Union, the constitution, and the
enforcement of the laws" This form of
stating this political principle was first
| adopted in the national platform OF the
Wing party, in 1860, just previous to the
| rebellion, and was the principle announced
in onnosition to secession. The result of
The war sanctifies the idea contained in this
| PROPOSITION, and overthr0ws and repudiatee
the idea contained in secession.
| Let us now analyze this article OF our
| platform, which has been sanctioned as the
| true principle of our government by the
ordeal of war
| What is meant by The Union" This
| me ans one sovereign government, composed
of the people of the States, the States being
agents in the administration of portion OF
,he affairs of that government, and IN the
| contratisi inction to the idea of cOnfederacy
that gave rise to secession, which means q
confederacy of States, in which part OF tht
| soyereignty resides in the United States and
mart in the States each independent to thai
extent of the other; hence the idea that the
States might nullify the laws OF The United
States, when, in their opinion, the United
States lnfriDged on the rights Of the States
and that the United States hsa no constl. a,
tional right to enforce obedience to sucf
| nulliied laws in the States. 1t was upol
this principle that the rebellion was at
tempted to be justified.
What Is meant by "the constitution IL
this article! 1t is the constitution ct sh'
United States, not the constitutions OF tn
States. that lie referred to in this connection
and it means the form Of government to
the Union. 1t does not mean q divided
sovereignty between the United States ant
the States, but it means the sovereign gov
| eminent of the United States, one and IN
separable.
The next clause in this article, "entorce
ment of the laws" is the natural and log
ical sequence of the preceding clauses, TIN
Union, the constitution" Government
| instituted for the purpose of prescrlbln
rules and regulations for the protection Q
the minority against the majority. OF tn
weak against the violence of the strong, tn
poor against the rapacity OF the rich, Tn
peacea6le and law abiding against the Oh
orderly and lawless, aud by which propert
NAV be acquired and the individual pr
tected in its possession and use.
There would be no object in having
government unless it attained these pul
poses; hence the last part OF this article
the truition or the attainment OF the OoJec!
. of the Union and the constitution, as wit!
ouu the enforcement of the laws there woul
, be no good attained by the former.
, It then becomes the duty of every citize
, TO aid in the enforcement of the laws, n
. tional and State, to the full extent OF his p
sition and ability. After a law has been el
acted no question can properly be asked
to it's expediency. So far as the duty
l whether the law is expedienJ or benefcl
/. ia onlv to be discussed with view to it's
, neal or amendment, and is properly p
iitical question; but as long as it is "a
] | IL should be executed. 1t is said that II
Q law be q bad one, the more rigid
t it is executed the sooner it will b
Q repealed, and the community get rid
!, its bad effects. This may be corre'
: 40 far as to Fastening its repeal, but is M
' q GOOD reason for more rigid execution
: this than beneficial laws. All laws should
!. executed according to their true spirit an
/, intention, whether generally supposed
;, be good or bad. In government like our
: the main strength of law depends on Il
law.abiding sentiment OF the people. II Il
people of any State become demoralized
f far as to oppose the law. or refuse to aid
i the enforcement of it, the evil effects vel
o soon begin to be apparent in disorders an
t acts of violence; in dissatisfaction, and di