The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-02-05
THE CASE OF THE NATCHIT0CHES
PRISONERS.
No. III.

In my last, showed that Congress only has
the power to legislate. and the Federal court TO
Judge. on the narrow basis Of the manner" In
| which the election Of the representatives to
Congress shall be made: that is to say, on the
mode In which the thing shall be done which
| the State has pre-existens and absolute right
| to do: which she did not delegate the doing
| Of; and which she always does in her own way
| unless Congress enacts a regulation orrule for
it to be done in some other way than the one
she has pursued.
She performs q natural as we'll as political
function when she chooses commissions and
| sends her Federal agents TO meet those elected
commissioned and sent by others-all to act as
the Federal agency.
Now. deferentially submit that it Ia only the
making of regulations for others to act By that
is contemplated in the article under review
Tart. sec A. for, az juA tntimated, there Ia no
-ubstanIive or essential right or power con-
vey ed-the one affected remaining In the State
The verv fact that the jurisdiction s only as 10
he manner OF electfnR, indicates that the rule
is not intended for Congress t. enforce by ap-
later amendments; but Ia for the States them
selves to act by. and themselves TO enforce. They
have agreed with. and promised one another
70 elect and send members. and their compact
and plighted faith" alone makes them do 80.
PROOF FOR DIDYMus.
I will quote Webster copiously here, for il we
hope ever 70 get back from these shifting sands
to the rock our polity was built on this is con-
tention Of the highest i'm portance. In 1919 be
called our Doiity rhe American Confederacy,
and declared hat the only parties to the consti-
tntfnn contemplated by. it originally were the
thirteen ConfedeTdted States" :" and hat b.tweenb
Cnem the representation rests on compact and
plgitted faith" In 1888 he said the constitution
until it was ratified by nine States, was but a
deed drawn, but not executed" In 1850 be said
the constitution ia the only bond of the union
OF taese statsa and that the States are united.
And in 1854 just before his death. he said as
to the Statbs that 1t never entered INTO their
themselves into one governmsnt-that they
we're 10 cease 10 be Maryland and Virginia,
Massachusetts and Carolina. The objects
Of the common defense and the general weifare.
and afterwards commerce and revenue We're
all they adopted as principles aud objects of
union and association, nothing beyond that;
hope, for one, peUer TO see the original
idea departed from" Esee the Republic 81 Re-
publics, DID. 22s 14s. 955; also appendix FL
~ groap tnese STRIKING exoresslons 70 give for
great expounder as TO the character Of our
pol.ty. All I need here however, is that ffe
compact as,d paShted faith thus making grs is
probable that the States themselves are to do
Voluntarily what the rule OF Congress requires.
trfne here suggested. Congress passed a law
liking November ss the day TO elect Federal
repre- sentatfves Ia all the States All complied
Proeahy no penalty. or Federal coercion Ia
provided for, but the law can be enforced only
through contest. or By the House OF Repre-
sentasives reJ citing the members. as perhaps
and piighted faith"
beg leave to offer one more suggestion for
what it ia worth. As the power of Congress to
pass the law In question is complete In article
l. section 4. 1t does not need TO be. If indeed it
l. section 8. that Congress shall have power to
maze all laws necessary and proper TO carry
into execution the foregoing powers" etc.
In all THESE daeusSt1 ms We must keep In
mind the pre-existence OF the State and her
original. inherent and plenary right of self
government, together with the delegative and
therefore subordinate, power and auk of the
Federal agency. The following passage from
the above mentioned book strikingly shows the
Feiarion between them:
On the questions of ultimate supremacy and
self preservation, The fathers seldom did more
than incidentally speak, but, as far as they went
they spoke plainly; and all the history of estab-
fishing the American federal polity shows that
In devising the system, they assumed the exis-
tence, int gritty and sovereignty OF the states,
az pre- existent and indestructible facts or en-
titles. The great aim Of allswas to DreserUe the
said com munities, and unite their authority in
the ge neral government of their subjects, and
their strength In their common defense. To
these ends. the said thirteen communities. which
the people we're, federo lily made an agency, and
charged Il with few important specific duties
As TO such matters as prevention. defense and
remedy against evils. dangers, attack and
hurts. local and internal: these pre-existent
governing faculties, original tight, and unlim-
tied power, took natural cognisanee, and made
fui provision, The capacity. the authority and
the duty OF self-detense, must be where Gwells
the original and inherent mind; for the idea of
direct mental, or instructive, control of physf-
cal force is neeessitated; and, as attack aad
hurt are local, the original right, the self-capa
city, the self power, a the sense of duty must
be on the spot, feeling knowing and acting at
once, and directly. for defense or repulsion
where harm can come, the power and duty to
protect and remedy should be near.
On the other hand, the federal agents and
servants, as the fathers called them, are far
removed from the troubles: they only act with
they are charged with few important general
affairs. and prohibited from meddling with
local ones they are not In duty bound even to
know Of originally much less act on. danger
or harm IN State, but must await official adj
vices OF fr, as well az formal official call for
a1d-tf this be needed-a call not made on them
but son associated sovereiens under a treaty
sdpuiaf1on-a call which the government can
respond TO. only as an agent and servant A
million cases of domestic violence might occur
without the power, duty. or even attention OF
the federal agency being required; and In
igntV-eight years of federal history we have
hid but two or three such exigencies.
lt ts obvious, then that all essentials and
ideaS or uitfmatsueSs are eoaceutered in the
commonwealth, where the inherent and origi-
nal mind dweS. and. In self-defeuse. directly
and functfonally acts with its own organs and
Instruments, and where Jehovah has placed
both the power and the duty Of self f-preserva-
tion."
Twill deal further with the subject soon.