The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-10-03

its duties, the Senate surely was not ex-
pected 70 subordinate tie states TO a ma
Jorlty OF the people in mass, even if there
mad been any means by which to learn the
VIII OF that unorganized, indefinite some
thing.
he judiciary department has. least of all,
any popular character. TIE justices are
nominated by the President, confirmed by
the Senate, and practically have a perma-
nent term of Office. They naveno coastltu-
ency to whom they must appeal for iudorse
ment Seated on tle higa plane of a Jstract
investigation of the rule of right, in order
that justice may be dispensed to lltigants,
they are under shield impenetrable to
temptation, unless and until they defend
their Jealous mistress" the law, by giving
to hor a divided worship" May the day
be far distant when the court Of last reSo t
shall acknowledge the supremacy of the
myth-a majority of the people in mass-or
observe the political tides TO find guide
for judicial decisionsl
As the organic law of the United States
does not recognize the majority OF the peo-
pie in mass to be the ruler or superior
power-indeed conclusively refutes the ex-
istence Of sach an entity-there have been
some who coatended that the constitution
OF the United States is the supreme power
over them. This woull imply that the
constitution created itself. walked forth
upon the world with all requisite power to
execute its will, and that It's subjects were
the people of the states To create some
semblance of authority, reference is mad
to clause in the constitution, the compact
between the states, which declares that the
constitution ''snall bs the supreme law Of
the landn-certainly shall be tue supreme
rule to guide the active agencies Instituted
by the pjwers who made the compact
Neither the compact nor the law was Il
power. They were the work of supreme
creative, governing powers; and this brings
us to the solution of the question pro-
pounded: Where is the so verelgn power of
the United States2
The power rests where it. was placed when
the independence of the states was estab-
lishod, l,nere iJ remained u der the articles
of confederation, and under The compact of
uuion-in the people Of the several states
which pre-exlsted the union, and those
which have since Deen admitted 10 it. The
natural inalielable rights OF the individual
were not surrendered, but aggregated in the
formation of tie community of which each
was a part aud thee communities dele
gated such powers aud instituted
such offices as it pleased t en- to
confer on their general agent-the
government of the United States. Eech
state and every individual of 1t is, in some
sense, a part Of the general government
but sovereignty, inherent in the individual,
remains with them aggregated il COM
munity. That the general government was
not endowed with sovereignty is clear, if
there were no other evidence, from the Ian
guage of the tenth amendment:
'"rne powers not delegated to the United
States by the constitution, nor prohibited
by it to the states, are reserved to the states
respectively, or to the people," He who re-
ceives by delegation thereby recogn yes the
existence OF suparior, and that superior,
in this case, was the states severally-that
is, the people constituting those separate
communities. JEFFERSON DAVIS. i