The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-02-13
THE CASE OF THE NATCHIT0CHES
PRISONERS.
: No, v.

az the highest rank, including Washington.
Franklin, and all the authors OF the Federal
lst that the States are societies OF people,
each of them sovereign; that their union is a
federacy, and that the Federal government
has none but delegated and temporarily in
trusted powers, and none whatever that are
or can be original or sovereign. My purpose
In quoting 80 overwhelmingly Is to show not
only the futiity Of opposition, but that it Is
all matter Of fact aud historical testimony,
and not Of eregesis. am stating facts rather
than teaching doctrines, and the averments
contrary 10 what the constitution provides,
what the States did, and what the fathers
unanimously assert seem TO be plain, simple
and unqualified untruths. which have ceased
to be innocent and excusable among intel
ligent and conscientious men.
Assuming, then, that the people OF our
country are separate and complete bodies,
with no powers out Of them, but what are
entrusted to their agents In their written
constitution. 1t must be that suffrages and
the control of SURFACES (Which are vital to
self-governmentN are not entrusted. And
not only does the constitution prove beyond
doubt that they are not, but the Federal Su-
preme Court declares that the constitution
does not confer the right OF suffrage on any
terra of their own In the States" and even
these Judges (Messrs. Woods and Bilingsl
admit that the constitution does not provide
for any voters, "ioho, Independent OF State
la,cs, are entitled TO cote for members Of Con-
gress."
But after ronfessing, what is obvious, that
there are no Federal voters, they try to make
some by construction They belong to we'll
meaning class, whose construction means
building or adding to, instead of interpreta-
ton--a class who as friends are the most
dangerous of all the enemies of freedom, al
ways striving To defraud the people OF their
statehood, aud the defences OF their bless
ings of liberty" They say, referring to the
above dictum of the Federal Supreme Court !:
This language referred solely to voters at
an election for State officers, and 80 FAR as
such election is concerned. the United States
has no voters of its own. In the case Of the
United States Va. Reese, Otto 2lS, the SUI
preme Court expressly reserves any opinion
on the effect of article 1, section 4, In re-
spect to elections for Senators and Representa-
tives."
They herein imply that the Supreme Court
left the question open, whether there may not
be United States voters for Representatives
TO Congress. Probably the Supreme Court
made no such reservation; they left no such
open question. The United States have no
voters for any purpose. The reason why
would have been apparent to the Judges IL
they had studied the constitution ITSELF in
stead of the stmntdcTum presented by Story
and his school OF perVerterS.
1t Is the States themselves respectively,
and not the voters, who are the choosers of
the Federal functunaries- the voters being
the instruments, created by the States, by
and through which they choCJe all their SER
wants, whether Federal or domestic. Let US
settle this here, to try and stop perversion ON
this vital subject,
Article l. section 2, shows that "H,e State"
Is entitled TO- and is to choose" its quota
OF representatives.
ARTICLE . hat Cyys,
by the Legislature thereof, is to choose two
Senator'S
Article 2, section 2, shows that leach State
shall appoint as many presidential electors
as the Senators and Representatives ito which
the State may be entitled in the Congress-"
Here then, II Is absolutely proved in the con-
stitution itself, that the bodies p0titic-the
corporate persons called the States, select"
choose" or appoint Federal functionaries,
while it is placed beyond question that voters
are their instruments for dongso
Hence we see there are and can be no Fed
eral voters. Nay more, the constitution re-
cognizes all voters as State ones, in article /,
section q; and the Supreme Court has. In eff
feet decided that there are no other
1t seems. however that these Judges deem
themselves so potent IN their kind of CON
struction that they can disregard the above
constitutional provisions and add to our cleo
toral wealth
NEW CLASS OF VOTERS.
Let ms see how they do it 1.-The conststu-
ton" saw they, docs not describe a class
who independent Of State laws, are entitled to
vote for members of Congress, but section
of article declares, in the most unmiStaka-
BILE terms that members of Congress shat
their italicsl be chosen by the people Of the
several States, who shall have the qualifica-
tons requisite for electors of the most nu-
merous branch of tho State Legislature. Now
the question is, has an elector who IS quail
fled by State law to vote for the most numer-
Gus branch OF the State Legislature right
conferred on him by this clause OF the conStl-
tuition to vote for members OF Congress- IL
seems TO US clear that he has.
They follow this statement with several
suggestions OF evils and abuses which make
1t necessary for Congress and themselves 20
come In and control or protect what might De
termed Federal voters. But IL Is obvious that
thei- rectifying. protecting, indicating, mis-
sionary and crusading spirit, however praise
worthy in the abstract, cannot be INDUCED
herein without perjury, for they are sworn
not r. do just what they seem, under their
mistake, inclined TO attempt.
The citizen derives his status as voter
from the State, She fixes his qualifications
10 her constitution, independently OF and
ABOVE the federaliZing act; and she controls
MN ana uses him as her sacred and only
means OF speaking her free will both as TO
domestic and Federal functionaries. The Fed
era constitution il her law, and the Federal
omaais are pro tant0 her agents. Monies
Saien 8 philosophy was the Chief guide OF the