The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-01-30
1AsE Or THE NATCmtTOCnEs
PRISONERS.

=. ~ tho Natehitoches prisoners In
~ vital principles Of civil liberty and
...rnmept. and interests every member
IA a1.te. While II In pending In the Fed.
:p.ayt I wish to make few remarks. not
s.ota mr. the question Of guilt or limo
'. but upon the law.
I. n the principles 10 guide us In ascer-
s.ss. whether there IL Federal Legislative au-
sss ID enact laws 10 punish M crimes the
4. sbarred and consequently whether the
s'..s.l court has jurisdiction.
a nan cal, be honest who acts for another
N aaiaua,ed powers, unless he thinks and
~ y strict eopstrue tionlst You might az
4 sesort to liberal or latit udinarian eopstruo
~ n regard to my money. or property as IN
HM 10 my powers, which are perhaps stil
~ ~ 1sracious TO me. Powers are as distinct as
44Hsss doublpons, houses or farms. aud "
X n sell or lend or delegate certain mum
speelaed and described. and reserve, re-
In. IN keep back all ct ers, any one who
~ ssrs 10 conform to the act of conveyance. and
"A isEes and uses what are not conveyed. must
Ediabopest and f1reaworn. Ar. honest man
"A ~ do az well as those TO do. Hs d ,as not
kssay or loosely con -true the sacred law 70
y more power than is given by its tier or
dt more than H. limp teated w US tel t,,s,,io
9nst here comes In a coftelative prineipie.
\ LIN n that oil pre- munitions az 70 pows, NJ NJ
EIssof on the sovereign master. as against tns
5bsct agent AMI eonsfIhetion NUS, y. niusb
ES9 and rigif against the latter. as Y ~ pre-
ned that thdfDrmer has expressed oil be IN
t mi d fcrtid this IL tho rule % 70 federal
.ssors Just what In spscified. aud nothing
ma IL TO be d Inc; ard The phrass erpressto
INN est erctnsio aiterius applies 70 every
AM Of Federal power. u
eRsus argue eonfusedly on implied powers.
Assninr infareneea. coro'larias, etc. But |
..ssksnit that Implied powers are those WITHIN
~ ~ lads or layers OF expression, aud ognse
sssssnty within the Intent and meaning Of the
aTFsase principles apply alike 10 Federal and
rsia constitutions, both ~ which harness and
irifIIIz, power. aud are 20 be held sacred. Bat
sssssibsd IA the states voluntary compact OF
srainn their federal constitution OF govern.
,nart. and their Fundamental lao OF government
over both people ami "a ne asa a.
N NAV adminlstration. James Wilson expressed
ihe distiDction 90 happily and foreby that
viii quote he statement from bile speech. pub.
Nshed October 10, i7sT, In the Pennsylvania
nn@cid and throughout tho country.
aWhen the people established The . wsrs OF
lsaislation under. their separate governments
fkev Invested their representatives with every
fiaht and authority which they did not IN OK
nlIrIt terms. reserve: aud, therefore. upon
esvsrY question Respecting the jurisdiction 81
issnt il silent the Jurisdiction ~ efficient and
nnsapleta. Hut In deleuatioR Federal powers.
snother criterion was necessarily introduced
and the congressional authority ,s 20 DO 81,
pnaitiva grant expressed In the instruments OF
union. Hence. II IL evident. that In the former
care everything which ls not reserved u given.
hui In the latter the reverse Of the proposition
preyRils. and everything which IN not given IL
rpserved This distinction will furnish an
answer to thoas who think the omission ri
bill OF rights dete 10 the proposeaa eonsta,ul
absurd to have stipulated With federal pody
Of our own creation, that we should ENJOY those
privileges Of which we are not divested either
By the Intention or the act that has brought that
body into existence"
All the fathers agreed to this view. 80 that we
assume that the State Le9islau re h ~ u gene raj
power Tor al lay making nor 9rGhlea te 70 was
laws on any subject not Hpsciheh IN writing.
The Etate may be considered therefore, - sur
rounded by an impregnahle wall of prohibi
ton with such gates only for the Federal
authorities TO come through as che has pro-
vlded for aud agreed to- and when they come
theY must chow written warrants thus
saith the law" for all their proposed doinga.
Hence wesee that It Isl immaterial whether
the source of power In y nation or States. The
question To-. snhetler The gipen officer o. set q
ofcers has ne authority 20 90 tshdt u proposed
he, or have they, the possession and use Of III
D. II Ia probable that any defender Of the law
In question. or the iutisdie ion OF the court
would assume an u post ulate that the represen-
tatiyes are officers Of the government. belong
Ing TO Il In some way. bsing eectees of the ma
ton or Of groups OF veters' OF nation. ns
Prof. Jameson charactr riges them. for II II
commonly said the states elect the Senators
while the people eject the Representatives. and
and Gen. Jack .op unthnki ngl
toasted that he represented the people q
The plain tale Of tho constitution will pu
down all such contentious, and show that Son
ators. Representatives aud presidential cleo
lorH, all al Ike represent States
A I'm yv ~ frpf a q ~
show this. Article says that Representatives
shall be apporttoned among the. several States
according to their numbers: that each. stat
shall have AZ least one Representatives" ant
that they shall be- chosen every second year b,
The people OF the several States"
. The same article names the States and likes
antil the apportionment takes place; and pro.
vides for the filling of vacancies In The repre-
sentdfton from any STATE, and article 2 pro
yldes that each state shall appoint electors fol
equal In number to The Senators
and Representatives. 70 srhich The State map b.
entitled III the Jongres s" 80 we gee that bott
The President aud the members OF the Fedora
House OF Representatives represent the bodies
81 people called States. just rs the Senators DO
;houUh the manner Of election differs aud the,
t9 not represent nation or the people ut large
These officials are to be chosen by an exercise
u the mind Of the State. through its instru.
ments, the voters. Just IA Governors. sheriHs
and other State officers are. Those attend to
ne States outside business, these to her do
hoo'. ne NlH8 eIectN HI uUutT Lue
same law; al the same time: Mt the same polls.
and by the same voters. which voters the Fed.
srai constitution itself recognizes rs belonging
entirely and absolutely to the State.
Inc absolute control by the state OF thu
voters whom she alone endows with their priv
eye OF suffrage, is vital and It Is impossible
or the CONSTITUTIONAL guaranty OF republican
'orm OF government to he observed IL Fedora
legislative or judicial power intsrferes Just as
much so. tnooed. ma If Federal soldiers were
menacingly at the polls
] know that all the fathers considered thus
III agreeing with Montesquieu, whose following
words were before them: I'm democracy there
nan be no exercise of sovereignty but by the
suffrages OF the people. which are their will
Now. the sovareign's will IL the sovereign him
self the laws. therefore, which establish the
In fact. It IL IA important 10 regu.
ate In a republic. In what manner by whom
and concerning what suffrages are to be given
and after what manner he Is to- govern"
Interfering with suffrage. then. IL touchins
with profane and usurping hands the sacre,
vitality of the Commonwealth. and as suffrage
and all its incidents are reserved from or KEEP
out OF the Federal constitution. the Fedora
agency, which Is purely delegative. canno
touch Ii without perjured nsurpation.