The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-26
THE NEW ORLEANS DEMOCRAT SATURDAY. APRIL g. 1870

eminent which you are empowered to frame
should prove to be rs nearly perfect as ever
came from the hands of assembled patriots,
there are thousands who will believe or pre-
tend that It has conspicuous defects. II MI
the PROVISIONS OF your new constitution are
wholesome and wise, II q just harmony and
consistency Is preserved In all its parts. II its
declarations embody oil the cherished mnxime
and principles OF political science, If 1t Is WISE
ly cohtrived to secure safe and sufficient gov
| eminent at the lowest possible cost to tax.
payers, II 1t confines Legislation strictly to
| its proper sphere, II 1t surrounds executive
and judicial trusts with ample and up
| proprthta guards and restrictions, II 1t EN-.
| bodies eli the excellence Of modern constit,l-
tions without their defects still IL will not es.
| cape the censure and criticism of chronic
| fault finders, nor satisfy the unreasonable de.
mhnd OF aEitators, nor meet the vain hopes
of that numerous class OF citizens who habit
| ually look to Legislation for n remedy for all
| that Is defective In the social system. It Is
| In vain to remind them that State constitt-
tions cannot heal the wounds Of war nor re-
pair the ravapes Of pestllence, nor make good
the LOSSES by fires and Hoods. nor uproot the
prejudees Of enemies, nor stay the progress
Of commercial revulsions nor create spirit
OF thrift and enterprise, nor change the
rooted habits and hereditary customs Of the
people. They will still look to tho trainers ot
constitutions and the makers Of laws for the
industry, enterprise. frugality, forethougnt
and economy.
But while you are liable to censures from
the preiudiced and ignorant the more rational
classes will expect no miracles ut your hands,
nor look to law makers for magical cure for
the evils which inhere In oil communities and
pervada every commonwealth. You may be
assured that such classes will approve, APP
preciate and applaud all that you may see tit
to do In spirit Of devotion to the welfare OF
the State
We M representatives with plenary author
ty and with power delegated directly from
the people, who are the fountain head OF NIL
law and government must take good care
that we impart to the new agency Of the
people no powers not strictly needed to com
stitu:e an efficient government. 70 this end
1t becomes us to revert to the action Of for
mer Conventions In this State and In other
States, and especially to those Conventions
which rose UP from the bosom OF the revolu-
tionary commemorative whose liberties were
then newly won by bloody sacrifice. Let us
note what safeguards they raised in de-
Tense of political liberty, how iealolisly they
defended tiie sovereignty OF the people,
and how deeply and dearly they cher
shed the Independence OF the State, Let
US turn to tile present constitution Of New
Hampshire, NOW almost eightyseven years
old, and over fas bilE Of rights, In which 1t Ii
asserted that the phople OF New Hampshire
have the sole and exclusive right Of govern
lIlR Lil3IiSGtfH3 tI1t, SOfbLGikJ mutt
pendent State anA do and forever hereafter
shall exercise and enjoy every power. luris-
diction and right pertaining thereto, which Is
not or may not hereafter be by them express
ly delegated to the United States Of America
in Congress assembled" Let us learn anew
from that venerable and still vital instrument
that all power resides originally In the peo-
pie and Is derived only from them; that "nll
magistrates and officers OF government are
their substitutes and agents, and at all times
IL a -
non-resistance against arbitrary power and
oppression Is absurd, slavish and destructive
OF the good and happiness OF mankind" and
that the inhabitants Of State fare not con-
trollable by any other laws than those to
which they Or their representative body have
given their consent"
Turning then to the constitution Of Massa-
chusetts, let lis heed the teachings OF n docu-
ment ordained before the close OF the war OF
the revolution. and still the fundamental law
Of the land. Nearly century ago the patriot
statesmen OF that revered commonwealth as
serted their rights and gave forth solemn
declarations, which hold as worthy OF being
recited here and OF being remembered as often
as freemen may assemble to frame or revise Il
constitution of State government. They said
"The end Of the institution. maintenance and
administration OF government Ia to secure the
existence OF the body-politlc, to protect 1t, to
furnish the individuals who compose 1t with
the power Of enjoying In safety and tran
Of life. and whenever those great objects are
not obtained the people have right to alter
the government, and to take measures neces-
sary for their safety, prosperity and happt-
ness.
"The body polite is formed by voluntary
association OF individuls; 1t Is q social com
pact by which the whole people covenants
with each citizen, and each citizen with the
whole people, that all shall be governed by
certain laws for the common good. 1t Is the
lnt y NJ tho nnnfla tbnrpfpra in frn m iDn the
constitution OF government, to provide for an
equitable mode of making laws rs well rs for
an impartial Interpretation and faithful exc
cution Of them; that every man may at all
times find his security In them.
eve, therefore, the people OF Massachusetts,
acknowledging with grateful hearts the good
ness Of the great Legislator OF the Universe
in affording us In the course OF His Provf-
dence an opportunity deliberately and peace
ably, without fraud violence or surprise, OF
entering into an original, explicit and solemn
compact with each other and OF forming a
new constitution OF civil government for our
selves and posterity, and deyoutly imploring
his direction in SO interesting design, do
agree upon, ordain and establish the follow
ing declarations of rights and frame of gov
eminent as the constitution OF the common
wealth of Massachusetts.
''The people alone have an incontestihe, In
alienable and indefeasible right to institute
government, and to reform, alter or totally
ty, prosperity and happiness require 1t.
"1'he people Of this commonwealth are not
controllabIe by any other laws than those to
which their constitutional representative
body have given their consent"
Turning thence to the original constitution
OF New York, we read:
This Convention, in the name and by the
authority of the good people OF this State,
doth ordain, determine and declare that no
authority shall, on any pretence whatever, be
exercised over the people or members Of this
State but such as shall be derived from and
granted by them"
Turning thence to the original constitutions
of Pennsylvania and other old States we find
in all VI them similar declarations, each State
claiming for itself that no authority could be
or ought to be exercised over their citizens,
Except such as is or shall be derived from and
granted by Them under 'any pretext what
soever."
These declarations, retained In the modern
constitutions Of many OF the Older States.
have lost none OF their deep significance:
They teach us how to estimate the value OF
State independence and State sovereignty as
the strong fortress Of political liberty, and at
the same time the only sure guarantee OF a
fol ~ tot frot