The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-01-27
SOVEREIGNTY.

which regard for the truth Of history
and for the elements OF correct political
thought will not permit us to pass unno-
ticed. Mr.. Ray was at one time prolni-
nent and highly respected lawyer In
wealthy and intelligent community;
but he lacked the courage requisite In
periods OF difficulty and danger, and.
yielding to the tempter, he fell from his
high estate. Judging from this address,
we should say that his intellect had
shared the depreciation Of his con-
science.
He contends that sovereignty resides
only In the people of the United States
as an aggregate mass and that the
people OF the respective States do not
possess Il, but are merely "tntrusted
with certain duties" just as II the con-
stitution OF tho State had intrusted to
the parishes the exclusive right to regu-
late their local and domestic affairs.
This definition Of q State is almost pro-
ciscly that which on intelligent lawyer
would give of municipal corporation;
and IL il surely incumbent upon him
who makes the paradoxical assertion OF
their identity to point to the act by
which the people Of the United States
reposed this trust In those Of the States.
This Ia, or course, not done; for the very
reverse is the truth.
BY sovereignty Is meant that para
mount authority by which constitutions
are framed and governments organized.
| It Is admitted on all sides TO rest IN the
people alone. But In what people? LIS
| il In tho people Of tho entire United
States, as an aggregate mass, or In the
people OF tho several States? This is
the question ut issue, and for Its solu-
ton We shall appeal TO history and to
reason. u..
The Declaration of Independence pro-
claims that "these United Colonies are.
and OF right ought to be, free and indie
pendent States" not State as 1t would
have been had they constituted an ag-
yregate mass. The adjecti vc united and
the noun Union, which has been made the
shibboleth OF 30 much folly and crime,
are themselves conclusive on the sub
ject, since they are only applicable to a
combination OF distinct political enti-
ties. No man would think Of speaking
OF Louisiana rs n union The first
written bond Of union between tho
States thus declared to be independent
| Is to be found In the articles Of Confed-
Grafton, the second Of which Is in these
words each State retains its sorer-
eighty, freedom and Independence, and
every power, jurisdiction and right
which is not by this confederation OK
pressly delegated to the United States.
| in Congress assembled" 1t Is signed
! ION the part and behalf Of tho State OF
New Hampshire, etc. by their respec-
tive delegates "by virtue Of the author
| ity given them for that purpose" Given
by whom, II not by those sovereigutics
which could alone confer such power,
viz their States? The first article OF
the treaty OF 1888 with Great Britain
| reads Ellis Britannia Majesty acknowl-
| edges the said United States, viz: New
Hampshire. etc, to be free, sovereign
and independent States; that he treats
with them as SUCH" etc. Here the
enumeration Of the several States and
the use Of the plural show that it was
| to tho several States that the King re-
linquished the sovereignty which had
hitherto been in him; and that the
words United States were merely words
OF style descriptive Of the Union which
existed between them. In this period
i - lit ho futn orn n
sovereigntles and Congress possessed
no authority except that which was del
egated to it by them.
Was this condition changed by the
Constitution OF 1887? If 80, how was
that change effected? It is certainly
incumbent upon those who assert the
existence Of 80 great a revolution to
| point out where, when, and how it &C.
Cured: and there surely ought to DO no
difficulty in doing so. It Is impossible
to conceive that, had it been the inten-
ton Of the statesmen who framed that
instrument to produce such an effect,
| they would not have so expressed it as
| to leave no doubt upon the subject; and
equally so that such purpose could
have escaped the able and hostile criti-
cism to which it was subjected, both
within and without the Convention.
That Convention was composed OF dele
gates from the respective States, in all
its action the vote was taken by States,
and the result Of It's deliberations was
referred back to the people Of each Of
the States and became obligatory upon
that people only by their own action, as
sovereign and independent people.
Article seven says: "The ratification
Of the Conventions OF nine States shall
be sufficient for the establishment Of
this Constitution between the States so
ratifying the same" Rhode Island and
North Carolina, having refused their
ratification, remained out OF the Union
for nearly two years, and 1t was never
pretended that their people owed it any
allegiance until, by their own action,
they had assumed that obligation.
These indisputable facts prove conclu-
sively that the Constitution was not
formed by the people Of the United
States in their aggregate capacity, but
as the people Of their respective States :;
and it is by the light Of these facts that
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