The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1901-07-17

each convention asserting to, and rayng the shall
gve notice thereof to the United States Congress
|bled
1t was~about three years. before the Constitution was
ratified by all the States. 1t was not ratified
by Rhode Island, until had gone into effect and Pres
ldent had been elected.
Section of Art. III is as follows The judicial
power of the United States shall be vested Supreme
Court and in such other inferior Courts the Congress
may, from time to time, ordain and establish. The
Judges both of the Supreme and inferior Courts shall
hold their Offices during good BEHAVIOR and SHALL at stated
times receive for their services compensation which
shall not be diminished, during their continuance in office"
The Constitution had scarcely left the hands of its
framer before the great orty of the yeomanry who
had struggled for independence against the Crown became
fearful that would eventually arrogate to ITSELF additional
powers fatal to the stability of the States and this
sentiment, that secured from the first Congress in $780,
the submission of the first ten amendments all of which
additional restrictions upon the Federal government
The first eight of these amendments drawn from the
statute l. William and Mary L. which settled the success
sion of the its modern basis, and declared the
rights of the subject. The essential provisions of these
amendments are embodied in the Declaration of Rights of
|every American State Constitution. Congress
proposed the 18th amendment Immediately following the
decision of the Supreme Court in 1898, in the case of
Chisom Georgia e Dali 4I9 which held that State
could be sued by citizen of another State. This amend
ment proposed by Congress follows The judicial
power of the United States shall not be construed to
tend to any suit in law equity commenced prosecuted
against of the United States by citizens of another State
or by citizens subjects of any foreign State"
| 1t promptly ratified by the States.
The 18th amendment grew out of the contested eec
on between Jefferson and Burr for the Presidency of the
United States
The 3th 18th and 9Th amendments, were the out
growth of the changed conditions brought about by the
war between the States Of these amendments the most
reaching provision that contained in the I4th that
State shall deprive any person of fe liberty prop
erty without due process of law asserted by high
horty that the Fourteenth Amendment not adopted
in accordance with the requirements of the Constitution,
the ratification of Ohio, which necessary to COM
pee the requisite threefourhs withdrawn before the
quorum of hree-fourhs had been filled up In the With
Art of the Constitution, it is provided that person shall
be deprived of e liberty property without due process
of law, but this only limitation upon the powers of
the general government while the provision in the 18th
amendment was an inhibition State action -
Cases arising under this provision have been prolific
bitter criticism the part of the people against the de-
cisions of the Court
In the annual address before the Georgia Bar Associa
ton ISoS) President John W. Akin said IF these decis
ions are and continue be the law of the land result
is as sure the flight of time the cities will grow rea
lively larger and the towns relatively smaller If history
teaches anything it is that great cities dangerous
Revolutions against desPotism, do not originate in cities
Ior draw thererom their main strength Their very
pactness of population necessitates mutform limitations
upon personal liberty Thus the individual gradually be-
accustomed to obedience to superior force and
concled to species of Servitude When not
drink milk or meat until officer inspecs it, laugh
or sing hymns loud he wishes, for fear of police
ordinance against noises the street, he loses somewhat
his individuality and his of personal freedom is
dued Accustomed therefore, to the imposition of per-
sona restraint he not realize the gradual encroach
ments of power and is in danger of finally submitting to,
or even welcoming despotism.
In the Revolutionary War; the rural State of South
Carolina than &c. 900 troops into the Army Of
Liberty while the commercial State of New York. DOM
mated by the City of New York. sent less than 3,ooo."
The vote the adoption of the Constitution was the
first cause after the triumph of independence which
gave rise to intense rancor between two great hostile par
es-the strict and liberal constructonists of the Cons
tution the advocates of States Rights, and of strong
National government.
| Judge Seymour D. Thompson, of the foremost
text writer's of the age thus summarizes the danger arising
from the recent decisions of the Supreme Court
| There is danger, real danger that the people will
see sweeping glance that all the powers of their
governments Federal and State lie at the feet of us law
yers that say the feet of judicial ogarchy that
those powers being steadily exercised behalf OF the
wealthy and powerful classes and to the prejudice OF the
scattered and segregated people, that the power thus
seized includes the power of amending the Constitution
the power of experimenting the action not merely Of Con-
gress but also of the State Legislatures the power OF
degrading the two houses of Congress- in making those in
vestgatons they may deem necessary to wise legislation
to the powers which English Court has ascrbed to
British Colonial legislatures the power OF experimenting
the judiciary Of the States of annulng their Judgments
and Of commanding them what judgments to render the
power of denying to Congress the power to raise
by method employed by all governments; making the