Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-07-21
THE ORIGIN OF THIS NATION


1.-THE Republic is a nation. As q ma
ton II made the Constitution and the
Constitution did not make e. II dee
rives from the Constitution no right and
duty Of sovereignty.
It's sovereignty Is IN Itself not In the
Constitution. It's sovereignty preceded
the Constitution and may survive &c.
Always rs Constitution must Doe con-
strued with reference 70 its sovereignty,
ana never can It's sovereignty be- ar
rested or impaired by It's Constitution
In rs dealings with nations making Az
gressons upon e or with those IN re-
slstance 10 rs sovereign authority
The foregoing Is an extract from an
exposition Of the relation Of this nation
20 the Constitution. by the editor OF
the Brooklyn Eagle who is regarded as
a brilliant writer and cogent reasoner.
and whose utterances on this subject
have attracted much attention. They
have naturally caused some discussion.
We do not regard the question involved
as one that affects any particular party.
It Is a matter Of history as well as Of
political principle.
We are OF the opinion that neither
history nor sound doctrine VIII support
the gentleman's theory. Il appears 10
us that there was not any nation until
the Constitution was adopted. and that
the nation was created by and founded
upon that magnificent instrument. Its
opening paragraph announces the pur.
pose OF the people OF the United states
In framing Il 70 be. 10 FORM a more
perfect union"
The Articles Of Confederation preced-
ed Il, following the Declaration OF In.
dependence, and each was an expression
OF the will OF the people who formed
the several sovereign States. each OF
which retained lts freedom and lrde-
pendence. Until the Constitution WAS
adopted by the several States. the Ma
ton was not fully formed. They had
declared their independence OF Grsat
Britain; they had formed q confedera.
ton, their delegates met in congress
representing the commemorative which
had entered into ga Arm league of
friendship with each other" the nation.
however was IN an inChoate form and
not until the Constitution was ratified
as provided for IN Cos closing article as
follows, was the Nation OF the United
States actually established:
"The ratification OF IN. convention of
nine states shall bp sufficient far tha
establishment of this Constitution b.-
TWEEN The states 90 rau'yinF the same"
The nation then. 10 appears derived
its sovereignty from jhe Constitution
which established &c. The several indie.
pendent, sovereign States gave up
enough Of their sovereignty 90 form
a perpetual union. which should De rep
resented by a national or federal gov.
eminent the powers and limits OF
which were defined ln that instrument
These are the facts .n the case. and
they leave '.t,le or no room for con-
troyersy on that point
But we agree with tho statement that
the sovereignty 90 the nation ls q set-
tied thing Il must not be- disputed To
say. however, that 'i,s Constitution
must De construed by its sovereignty"
Is putting the cart before the horse.
The sovereignty q the Nation and the
powers OF the several branches Of is
government must OF necessity be con.
strued By the Constitution. which