The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-02-09
OFT or THE NATCHITOCHEs
" PRISONERS.
so.rv.

.-acr In the TenSaS case dppiieS 10 InlS-
$50 70 call their attention, and that Of
80 and people, to the following authori-
- citations of which trust they will
~. - I propose to attack the basis of said
80, az IN the constitutionality OF the act
~s~orass, and consequently OF the jurisdic-
.ytbe court. And ask my fellow-citi-
=, nreserye these authorities for refer
u they are at the basis Of all the ques-
~ ~ involved in the cases now pending:
81 only did the fathers fully and accurate
! ssacrtbe the polity, but they spoke the
- intent and meaning of the political
Ia that established 1t. The following /
s.sorties fatty contradict every word that
$50 aver wrote on the subject Of them, as
"a j utterly destroy the entire basis OF the
& ,dnion - xr,a u..rrov
tbe nrssent Union is IAN association of
go ar a cOnfederaey;" and that "the peo- |
gs cS New York are the soveregns OF 1t.
/ Ssderaist, TX; his address OF 1881
CHANCELLOR LIVINGSTON
"a cur general poIty is "a league Of States.
n Ill Deb. 274i
JOHN JAZZ
- athe States adopted" the present plan,
! M that it la "a union Of States" Ell. Deb.
ES; Il Ibid 1884,
JAMES MADISON
~ athe States are regarded as distinct and
'ndsnendent sovereigns BY the consti-
st1on." Fed. Kill
GENERAL. WASHINGTON
-ota NJ the constitution as compact or
, rsSt and the union formed by is as ''the
ssw eonfederaey." Letter To Gen. Pinck-
~. June %, 1888; letter to David Stuart, Oc-
D6sr II, 1871
rycnosed the institution OF the Senate, TO se-
gr.rs 'the overeignties OF the individual
states" in the union. V. ELL Deb. 1861
JAMES WILSON
Ia the people are thirteen independent SOW
sssrnties" and that ''the sovereignty never
Raves the people" III Ell. Deb. +43, Mass.
csntinel, October "a, 1871
JOHN DICKINSON
did the system Is a "confederacy q repub-
les and the States sovereign. III His writ
ngs io7l
aid the States are political societies
Zach enjoying sovereign power
ROGER SHERMAN
aid "the government ts instituted oy
number Of sovereign States" See letter to
john AaaEas IN VII writings OF j. A.; one
reference lost
OLIVER ELLSWORTH
elIed the States sovereign bodies" III Ell.
Deb. 1877.
said the Union was Of separate sovereign
ties Joining in eonfederacy." Am. Mus. 100,
CHANCELLOR PEND
said the new system united the strength OF
thirteen States" and that each was SOW
areign State" fiji Ell. Deb. 297, 549
JOHN MARSHALL
said the State In the Union was "the sover-
eign power" iii Ell. Deb. 555I
SAMUEL ADAMS
said. sEaeh State retains its sovereignty" in
the present Union. III Ell. Deb, l31
GOV. JAMES BowDoN
smoke of the Union as "a confederacy," and Of
the States as distinct sovereignties." u
Eli Deb. 1891 To the same effect will bt
found the utterances OF
gAMRs TBEDFLL, FISHER ASrES, THEoPHLUs
PARSONS CHRISTOPHER GORE, GEORGE
CABOT
and others. nv Ell Deb 1873; II Ibid 46, IS
d. Life of Parsons &c.
Unnuestionably, then, 1t Is the faith handed
down by our sres, that the States are aDso
lutte sovereigns in union, however mucn WI
might wish To the contrary, for the voluntar.
that could make them Involuntary ones. NO
only are the States named In the first art1cl
Of the constitution as the sole parties TO Q
represented, but they are recognized through
out the instrument as the constituents OF ant
the actors under it; and finally, article sevel
proves decisively that they alone ordained
and established 1t, for 1t shows, first, tina
ratification ia TO she sufficient for the estab
ishment ;" second, that States ratlfyi ant
third, that, therefore, States ordain and estah
ish.
Besides, the proof is made absolute, b.
showing that the government officials, ID
dividuallY or collectively, have no p0We
whatever but what Is delegative, and there
fore entrusted and subordinate, 80 that the,
should be considered aS thieves II they tan
powers reserved from or kept out Of the con
stitution, robbers II they enforce them, an
periurers In either case; while they are trait
ors OF the deepest dye.
The following authorities show beyon
question that their purely delegative an
agentiaI character, and their subordinatlon
the bodies OF self governing people who mad
the constitution, and whose will, therein eX
pressed, Is "the supreme law or the land,
were always contemplated and provided fol
by unanimous order Of the convention" 0
I737
WASHINGTON
wrote to Congress that the new plan provides
Tor the "detegntlng" an extensive trust.
JAMES WILSON
said that the sovereign power to delegate al
thority dwells IN the people after constit1
ton Is made Just as before, and 1t ReTe
leaves them.
JUDGE PARSONS
said that the government ia to be done By eth
seTuazsts of the people, vested with delegate
powers" and that "the people divest them
selves OF nothing" and the first article OF th,
constitution, as una nimously adopted by tn
convention Of 1887, read as follows:
THE style of the government shall be III
United States of America" showing the lnite
republics To be the government, the great INST
tuition at Washington being their delegativ
agency to do their will. The tenth amend
mest declares that 'GH po,Ders not delegate
$ are reserUed," proving that none bu
odegated powers are in the present constitu
ton Volumes OF proof TO the same effect
at command, but / will conclude with Joh
Jays statement: The proposed governmer
is TO be the government OF the people; all II
officers are TO be their officers. Thes
persons are to receive that business TO mai
age, not for themselves but as the agents AT
overseers of the people" who appoint then