The Washington herald., 1915-12-26

gress that II would recommend (not the
language Of sovereignty. on behalf of
Coneress) certain course of conduct. by
the several States. toward the American
Tories within their respective boundaries.
After referring most informingly to the
committees and other organizations
formed within and by the various colo
nies and which led up to the revolution
ary Continental Congress and the adop-
ton Of. first. the Articles OF Confedera-
tton. and then of the present Constitution
by the various United States. Mr.. Ewing
called attention to the manner of the
adoption Of the Federal constitution by
the States, and to the fact that some of
them would not consent to its adoption
until guaranteed that amendments were
to be adopted positively and explicitly
setting forth that each State had full
power OF sovereignty except only those
certain powers that were delegated by
the States to the central government
Mr.. Ewing said. further. that IL IL were
not pathetic Ii would be amusing. that so
many otherwise clear-thipking people
have let the first words OF the constitu-
ton. I'VE. the people of the United
States" mislead them into believing that
these words describe one great republic
People who thus believe forget one OF the
most fundamental and longest recognized
rules for interpreting all human docu-
ments: and that is. that all which was
said and done at the time such docu-
ments. or contracts. or compacts. or
agreements. or constitutions. were being
formulated and sanctioned. must be
taken into consideration.
Article of the Federal Constitution
permits nine States to ratify the Con-
stitution. but so as to be binding only
upon such nine. unless AND until other
States should likewise radfy, each for
itself There was no effort anywhere to
force any State to ratify. Nine States
did ratify it. thereby seeding from the
older oonfederacy or federation, before
the others later also seeded. The tenth
amendment to the Constitution sets forth
that the powers not delegated to the
United Sttaes are reserved TO the States
respectively. or to the people: meaning
the people of the several States. as is
made clear from all the conditions and
discussions of that period
The Tribunal of Last Resort Under
the Constitution.
The powers of the Legislature Com
gress) are defined and limited: and. that
those limits might not be mistake or
forgotten. the Constitution is written .''
said the Supreme Court of the United
States in 1873. In ISGe this court again
said: Tho powers exclusively given to
this Federal government are limitations
upon the State authorities. But. with
the exception Of these limitations, the
States are supreme" Again. in 1900: THE
government of the United States was
born of the Constitution. and all powers
which II enjoys or may exercise must be
derived either expressly or by implication
from that instrument
Therefore, having been the original. in
dependent soverigns. having created the
United States government, having en-
trusted to IL well-defned powers or
functions. and never having parted with
their sovereign right to determine the
time and conditions which require the re-
sumption OF the trust. secession remained
one OF the undelegated rights of the
States-of each of said States. as was
expressly affirmed in the ratifications by
several of them. Having no right under
the Constitution lthe only source of its
powersD. as We well know, TO use force
to prevent secession or withdrawal of the
delegated powers by any State. the use
Of such force by the United States GEN.
tral. created government constituted re-
bellion.
One of the other speakers of the even
ing pointed out that the Southern States
in lS60-6l resorted to secession only when
this unlike government" or expert
mental league" was found. as to those
States no longer to subserve its declared
purpose to insure domestic tranquility"
and TO secure the blessings of liberty
to posterity."