The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-01-23
BY T, h. OGLESBY.

.'..l,io,s ratification of the constitution of
}'s1Tnited States suggests some interesting
"a IRONS and "reminiscences touching that
is,,,,ortal instrument, and Georgia's connec-
non with it.
The subject is great one-the American
Constitution.
,ybor the men who framed it met in con-
ton in Philadelphia in MAY, 1887, one of
.hor-.James Wilson, signer of the
noclaration of Independence-said: "When
I consider the amazing extent of country,
90 immense population which is to fill it,
.ho Influence which the government we are
:, form will have, not only on the present
',.neration of our people and their multi
plied posterity, but on the whole globe, 1
on lost in the magnitude of the object.
IN fine closing hours of the conven-
,,on SAYS Mr.. Bancroft, the
MANNERS were awe-struck at the re-
cult If their councils; the constitution
,as nobler work than any one of them be-
raved possible to devise; and Washington,
at an early hour of the evening, retired to
raditate on the monentous work which had
baen executed" A hundred years after
ward, Gladstone, the greatest living states
man of England, said; "The American
constitution is the most wonderful work
ever struck off at given time by the brain
snd purpose of man."
What pen is equal to the Incompatible
moment of the theme!
1t is to Georgia's potential agency in Civ
ing life to and shaping that constitution
that would call attention now.
Perhaps the most impressive and
important episode in the States career
recalled by the historical retrospect induced
by the occasion, is the one that is now least
generally known; and yet al the time of
its occurrence it absorbed the attention of
the entire Union, for in its issue was in
volved the preservation of that State SOW
ereignty without which the Union could
not have had existence nor been per
ptuated
10 was in the year 1902 just five years
after the formation of the constitution, and
little more than three years after it went
into operation,
WHEN WASHINGTON WAS PRESIDENT,
and Edward Telfair was Governor of Geor-
gia, that a suit was brought in the United
States Supreme Court, against the State of
named Chisholm, for a sum of money al
legged to be due to him from the State The
State through her official agents. the Gov
ernOr and Attorney General, was duly mott
fed of the suit and served with summons to
appear before the court and make answer
10 the claim against her Taking the posi-
tion that a sovereign State which she
claimed to be, could not, by the Federal
constitution, be sued by a citizen of another
State, Georgia refused to obey the sum-
mons. Whereupon the Attorney General
Of the United States. as counsel for the
plaintiff, moved that, unless Georgia ap-
peared at the next term of the court, judg-
ment should be entered against her by de-
fault, and a writ of inquiry of damages
awarded Due notice was given the State
Of this motion, the consideration of which,
however, was postponed by the court till
The next term, that the State might
have time to deliberate on the course
she would take. Georgia paid no
more attention to this notice than
she bad to the first one Still standing upon
her rights and lmmunltieS as a sovereign
State she asserted that the United States
government had no judicial power over
slch case, and, simply entering a written
protest 10 that effect without deigning to
recognize the jurisdiction of the court even
so far as to enter into an argument of the
matter, she refused to appear at the next
term, and thus was
The FIRST GREAT CONSTITUTIONAL CUES
brought before the supreme judicial tribu-
lal OF the government for declSion-the
cues ION Of a broad construction or a strict
construction of the powers conferred upon
Inc government by TIE States through the
c0nSJltutlon-the question of State SOW
Telgntv and State rights, the question upon
winch the convention that framed the CON
Sutulon would, in all probability have split
lremediably in two bat for the Opporfitne
yafriotic action Of II Georgia delegate in
itat contention. That body, as is well
known to those familiar with its history,
was divided into two parties the Nationals
ana the FederalS. The Federals were those
WHO were in favor of forming a strictly
Federal government, which would preserve
uhlmpalIed the rights, equality, and sepa-
tate sovereignty of tue States; while the
Nationals contepded for a government
more national than federal, a centralized,
consolidated government, in which the idea
o. states should be almost annihilated.
From an
INCORRECT POLITICAL NOMENCLATURE,
which has been permitted to take historical
IooC SO long that it is not likely ever to be
eraalcated from the public mind, the Ma
ttohalS or consolidationists of that conven-
tlohm,Hamilton, Madison, Randolph, Nor
- W HSpl ana JTelf alleS ana followers
Mecommonly said and believed to have been
the Federalist leaders in it, The very re-
verse Of this is true. They contended most
suehuouSl against the Federal, State-sov
Ueign idea. They wanted as was ex-
IesS,ly declared by Mr.. Randolph, "a con-
sG%'aGted union, in which the idea of States
SHOULD be nearly annihilated"
!, he tederals finally succeeded in having
;ne state sovereignty principle incorporated
~ Ine constitution, and this secured their
S%lneSlon TO it. But afterward, when the
a.upreine Court was organized and they saw
t .laV the Judges were nearly all Nationals,
oley feared that under color of its power to
VISlrue the constitution, that court would,
us broad construction of its power, at
JIlnpt to extinguish the great vital princi-
pe or the Union which they had
hardly saved from humiliation
AZ the hands of the Nationals
~ ~ the convention They had not
iung TO wait for proof that their fears were
wen founded, The court had been in exist
e ets out three years when the apprehended
aenlpt was made by commanding the SOW
%egh state of Georgia to appear before it
~" ,a. d level with private individual, citi-
ECU Oh another State, and defend herself
salhSt prosecution y that individual
,%e'rgla, as we have seen, refused to obey
e command. The command was repeated,
fhn. 80. -