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-.•main simple legal jurisdiction, to be
, nforced by legal means, over the indi
libial citizens of the States—such juris
diction being derived, as aforesaid, solely
j’ oin the said sovereigns, whose subjects
aH citizens respectively are. Hence we
s ee that that New York remained, as she
intended to be—an absolute sovereign in
the Union.
tier present autocratical declara
tions.
Mew York now repeatedly declares,
in her fundamental laws, her absolute
sovereignty in the Union—even rivaling
Massachusetts in her. imperial self-asser
tion. Exempli ratio, , she declares, in
her Constitution, adopted November 3d,
1846, that ‘ the people of this State, in
their right of sovereignty, are deemed
to possess the original and ultimate
property, in and to all lands within the
■urisdiction of the State;’ (Constitution
of Now York, section 2.)
She also declares, as part of her funda
mental law, that “the sovereignty and
jurisdiction of this State extend to all
the places within the boundaries thereof,
a? declared in the preceding title ; but
the extent of such jurisdiction over
places that have been, or may be, ceded
to the United States, shall be qualified
by the terms of such cession.” (i. Re
vised Statutes, chapter—) Note that it
is “jurisdiction,” and not sovereignty,
that is to be qualified. We shall here
after see that the Federal Government
has foothold, to exist and act, in any
State, only by permission and grant of
the sovereign commonwealth, and strictly
according to the terms of such grant.
She declares, further, that “it shall be
the duty of the Governor, and of all the
subordinate officers of the State, to
maintain and defend its sovereignty and
jurisdiction.” (Ibid.)
She turtlier declares, that “no member
of this State shall be disfranchised, or
deprived of any of the rights or privi
leges secured to any citizen thereof, un
less by the law of the land, or the judg
ment of his peers and that “ no au
thority can , on any pretence whatever,
he exercised over the citizens of this
State, hut such as is, or shall be, derived
from, and granted by, the people of this
Stated (Constitution, article 1, section
1 ; i. Revised Statutes, chapter 4, sec
tion 1.)
* Judging, then, from her own Federal
history and present declarations, no more
absolute sovereign than New York exists
on earth She alone has the supreme
right of Government upon her soil, and
the Federal Government exists and acts
there solely as her agent.
NEW JERSEY.
THIRD TO RATIFY—VOTE, UNANIMOUS
DATE, DEC. 18, 1787.
In the convention of States, New
Jersey was represented by Governor
William Livingston, David Breasly,
Wm. Patterson, and Jonathan Dayton.
These statesmen, with the delegates from
Connecticut, Delaware, and other minor
States, insisted on the strict principles of
federation being observed ; and, as will
be seen, they were completely successful,
vanquishing their opponents in argument
as well as in voting. So satisfactory
was the plan adopted that they signed
it, and aided at home to procure the
ratification of their State, which was
unanimous.
THE VIEWS OF IIER STATESMEN.
William Patterson, who, in the Con
vention, introduced the plan of the new
system known as the New Jersey plan
(see i. Ell. Deb. 175), said that “the
amendment of the Confederacy was the
object ot all the iaws and commissions
upon the subject.” “The commissions,
under which we act are not only the
measure of our power, they denote, also,
the sentiments of the States on the sub
ject of our deliberation. The idea of a
National Government, as contradistin
gui died from a 1 ederal one, never en
tered into the mind of any of them ; and
to tae public mind wc must accommodate
ourselves.” (v.. Ell. Deb. 176.) He
said further, in reference to a plan
tending to consolidation : “We are met
Here as deputies of thirteen independent
sovereign States, for federal purposes.
an we consolidate their sovereignty,
aDU lol . m one Dati on, and annihilate the
1 ’ verei c nt > our States, who have sent
? s bere * ol ' other purposes ? * * But it
“ Sai f d that ! his National Government is
‘o ue.on individuals, and not on States ;
or! T 0? federal Government be so
rmej as to operate in the same way^
n7ye e r y w!?. ay ' 1 ,heref ° re declare
neyer will consent to tho present svs
’bams"'!- J UakO T a “ ‘ he Merest
Mll.Deb. ta 4o3) rePreSeDt ’ thatl
tlij U ny kindred expressions from
he .New Jersey statesmen, but not hay
r g 9 P ace fp,r them, I select the above as
j mestpithy as wei! as a fair specimen
V on,! ot the n>ost accessible ones
(, • i c °mmon reader. Moreover, it
') represents the theory which pre
dominated in the Federal Convention,
not only in two or three decisive votes
but, generally, in the plan adopted!
ctiict Federal principles prevailed. The
States, as political bodies, were to be the
parties federating, and were to remain
unchanged, as the actors in the system,
lhey were to continue to hold, of origi
nal right, all the elective power. Each
was to choose, from her own citizens and
subjects, her Representatives, he* Sena
tors, and her electors of President ; and
these, with the officers they—acting as
agents ot the States—should appe int,
were to be the Government. All Fede
lal acts, then, were to be the acts of the
States through their Representatives and
servants, and the Government consisting
ot these, could but ba subordinate to
the creating and electing sovereignties.
*WE, THE PEOPLE” of NEW JERSEY.”
The Federal delegates not only ap
proved the plan, but they assured their
State that her integrity and sovereignty
were safe. Congress, as the agent of the
Stutes, sent the plan to New Jersey.
The Legislature, on the 29th of October,
1787, enacted that a Convention should
meet at the capital, and “then and there
take into consideration the aforesaid
Constitution, and, if approved of by
them, finally to ratify the same, in behalf
and on the part of this Stated (i. Ell.
Deb. 320.) *
The Convention was held, and the
Constitution thoroughly discussed by
sections ; but no debates having been
preserved, we must resort to the journals
political writiugs, etc., of that day, to
learn the prevailing ideas. Here is an
extract from an address to the people of
the State to induce them to accede. “By
whom are those taxes to be laid ? By
the Representatives of the several States
in Congress, # * * in perfect conformi
ty that just maxim in free Governments,
that taxation and representation should
go hand in hand. To what purpose are
these taxes to be applied ? To pay the
debts, and provide for the common de
fence and general welfare of the United
States. Although I drew my tirst
breath in New Jersey, and have con
tinued in it during my life, firmly at
tached to its local interest, yet when I
consider the impossibility of its existence,
at present, as a sovereign State without
a union with the others , I wish to feel
myself more a citizen of the United
States than of New Jersey alone ” (Am.
Museum, November, 1787.) The idea
was to unite the States to preserve their
sovereignty, and the involved blessings
of their respective citizens. The follow
ing extract is instructive: “The Con
vention of New Jersey was composed of
accomplished civivilians, able judges, ex
perienced generals, and honest farmers.”
As “the groundwork of its proceedings”
it “ ‘resolved that the Federal Constitu
tion be read by sections ; upon which
the general question shall betaken,
whether this Convention, in the name and
behalf of the people of this State, do
ratify and confirm the said Constitution.”
(Mass. Sentinel, Jan. 6, 1788.)
New Jersey unanimously ratified as
follows : “In Convention of the State of
New Jersey * * * Now be it known
that we, the Delegates of the State
of New Jersey, chosen by the people
thereof, for the purpose aforesaid, hav
ing maturely -deliberated on, and con
sidered the aforesaid proposed Constitu
tion, no hereby for, and on behalf of
the People of the said State of New
Jersey, agree to ratify and confirm
THE SAME AND EVERY TART THEREOF.
Done in Convention, by the unanimous
consent of the members present, this
18th day of Dec. A. D. 1787.
The Federal Constitution and Govern
ment have no existence or power in New
Jersey, except by virtue of the ordi
nance. This, as to her, constitutes the
League called the Federal Constitution.
[to be continued.]
-A. J uryman’s Story
BY JUDGE CLARK.
We had been out twenty-four hours,
and stood eleven to one. The case was
a very plain one—at least, we eleven
thought so.
A murder of peculiar atrocity had
been committed; and though no eye
witnessed the deed, circumstances point
ed to the prisoner’s guilt with unfailing
certainty.
The recusant juror had stood out from
the first. He acknowledged the cogency
of the proofs, confessed his inability to
reconcile the facts with the defendant’s
innocence, and yet, on every vote, went
steadilyjfor acquittal.
His conduct was inexplicable. It
could not result from a lack of intelli
gence; for, while he spoke but little,
his words were well chosen, aud evinced
a thorough understanding of the case.
Though still in the prime of manhood,
his lucks were prematurely white, and
mhiib m sis mm
his face wore a singularly sad and
thoughtful expression.
He might be one of those who enter
tained scruples as to the right of society
to inflict the death penalty. But no, it
was not that; for, in reply to such a
suggestion, he frankly admitted that
brutal men like the vicious brutes the) 1
resemble, must be controlled through
fear, and that dread ©f death, the su
preme terror, is. in many cases, the only
adequate restraint.
At the prospect of another night of
fruitless imprisonment, we began to
grow impatient, and expostulated warmly
against what seemed an unreasonable
captiousness; and some not over kind
remarks were indulged in as to the im
propriety of trifling with an oath like
that under which we were acting.
“And yet,” the man answered, as
though communing with himself rather
than repelling the imputation, “it is
Conscience that hinders my concurrence
in a verdict approved by my judgment.”
"How can that be ?” queried several
at ODce.
“Conscience may not always dare to
follow judgment.”
“But here, she can know no other
guide.”
“I once would have said the. same.”
“And what has changed your opin
ion ? ’
“Experience !”
The speaker’s manner was visibly
agitated, and we waited in silence the
explanation which be seemed ready to
give.
Mastering his emotion, as if in an
swer to our looks of inquiry, lie con
tinued :
“Twenty years ago, I was a young
man just beginning life. Few had
brighter prospects, and none brighter
hopes.
“An attachment, dating from child
hood, had ripened with its object.—
There had been no verbal declaration
and acceptance of love—no formal plight
ing of troth; but when I took my de
parture to seek a home in the distant
West, it was a thing understood, that
when I had found it and put it in order
she was to share it
“Life in the forest, though solitary, is
not necessarily lonesome. The kind of
society afforded by Nature depends
much on one’s self. As for me, I lived
more in the future than in the present,
and Hope is an ever cheerful compan
ion.
“At length the time came for making
the final payment, on the home which 1
had bought. It would henceforward be
my own; and, in a few more months my
simple dwelling, which 1 had spared no
pains to render inviting, would be graced
by its mistress,
“At the land office, which was some
sixty miles off, I met my old friend,
George C. He, too, had come to seek
his fortune in the West; and we were
both delighted at the meeting. He bad
brought with him, he said, a sum of
money which he desired to invest in
land, on whieh it was his purpose to
settle.
“I expressed a strong wish to have
him for a neighbor, and gave him a cor-
dial invitation to accompany me home,
giving it as as my belief, that he could
nowhere make a better selection than in
that vicinity.
‘He readily consented, and we set
out together. We had not ridden many
miles, when George suddenly recollect
ed a commission he had undertaken for
a friend, which would require his attend
ance at a public land-sale on the follow
ing day.
“Exacting a promise that he would
not delay his visit longer than neces
sary, and having given minute directions
as to the route, I continued my way
homeward, while he turned back.
“I was about retiring to bed on the
night of my return, when a summons
from without called me to the door. A
stranger asked shelter for himself and his
horse for the night.
“I invited him in. Though a strang
er, his face seemed not unfamiliar. He
was probably one of the men I had seen
at the land-office, a place, at that time,
much frequented.
“Offering him a scat, I went to see to
his horse. The poor animal as well as
I could see by the dim starlight, seemed
to have been hardly used. His panting
sides bore witness of merciless riding,
and a tremulous shrinking, at the slight
est touch, betokened recent fright.
“On re-entering the house, I found the
stranger was not there. His absence
excited no surprise; he would, doubtless
soon return. It was a little singular,
however, that he should have* left his
watch lying on the table.
“At the end of half an hour, my guest
not returning, I went out again to the
stable, thinking he might have found his
way thither to give personal attention to
the wants of his horse.
“Before going out, from mere force of
habit tor we were as yet unnifested by
either thieves or policemen— I took the
precaution ot putting the strangere’s 1
watch in a drawer in which I kept my
own valuables.
“I found the horse as I had left him,
and gave him the food which he was now
sufficiently cooled to be allowed to eat,
but his master was nowhere to be seer.
“As I approached the house, a crowd
of men on horseback dashed up, and I
was commanded, in no gentle tones, to
‘stand V Iu another moment, I was in
the clutches of those who claimed me as
their ‘ prisoner J
“I was too much stupefied at first to
ask what it all meant. 1 did so at last;
and were the explanation came, it was
terrible !
“My friend, with whom I had so
lately set out in company, had been
found murdered and robbed near the
spot at whicif I, but I alone, knew we
had separated. 1 was the last person
known to be with him, aLd I was now
arrested on suspicion of his murder.
“A search ot the premises was imme
diately instituted. The watch was
found in the drawer in which I had
placed it, and was identified as the
property of the murdered man. His
horse, too, was found in the stable, for
the animal I had just put there was
none other. I recognized him myself,
when I saw him in the light.
“What I said, I know not. My con
fusion was taken as an additional evidence
of guilt. And when, at length, I did
command language to give an intelligi
ble statement, it was received with sneers
of incredulity.
“The mob spirit is inherent in man—
at least in crowds ot men. It may not
always manifest itself in physical vio
lence. It sometimes contents itself with
lynching a character. But whatever its
form, it is always relentless, pitiless,
cruel.
“As the proofs of my guilt, one after
another, came to light, low mutteriugs
giadually grew into a clamor for ven
geance; and but for the firmness of one
man—the officer who had me in charge
—I would, doubtless, have paid the pen
ality of my supposed offence on the spot.
“Lt was. not sympathy for me that
actuated my protector. His heart was
as hard as his office; but he represented
the majesty of the law. and took a sort of
grim pride in the position.
“As much under the glance of his
eyes as before the muzzle of his pistol, the
cowardly claraorers drew back. Perhaps
they were not sufficiently numerous to
feel the full effect of that mysterious
reflex influence which makes a crowd of
men so much worse, and at times so much
belter, than any one of them—singly.
* * #• * * # *
“At the end of some months my trial
came. It could have but one result.
Circumstances too plainly declared my
guilt. 1 alone knew they lied.
“The absence of the jury was very
brief. To their verdict I paid but little
heed. It was a single hideous word;
but I had long anticipated it and it made
no impression.
“As little impression was made by
the words of the Judge which followed
it; and his solemn invocation that God
might have that mercy upon me which
man was too just to vouchsafe sounded
like the ho!lowest of hollow mockeries.
“It may be hard for the condemned
criminal to meet death; It is still harder,
for him who is innocent. The one, when
the first shock is over, acquiesces in his
doom, and gives himself to repentance;
the heart of the other, filled with rebel
lion against man’s injustice, can scarce
b.i lg himself to ask } ardon of God.
“1 had gradually overcome this feel
iug, in spite of the good Clergyman’s
irritating efforts, which were mainly
directed towards extracting a confession,
without which, he assured me, he had
no hope to oiler.
“On the morning of the day fixed for
my execution, I felt measurably resign
ed. 1 had so long stood face to face
with death, had so accustomed myself
to look upon it as a merely momentary
pang, that I no longer felt solicitous
save that my memory should one day be
vindicated.
“She for whom I had gone to prepare
a home had already found one in Heav
en. The tidings of my calamity had
broken her heart. She alone of all the
world believed me innocent; and she
had died with a prayer upon her lips,
that the truth might yet be brought to
light.
“All this I had heard, and it had
soothed as with sweet incense my trou
bled spirit. Death, however unwelcome
the shape, was now a portal beyond which
I could see one angel waiting to receive
me.
“I heard the sounding of approaching
footsteps, and nerved myself to meet the
expected summons. The door of my cell
opened, and the Sheriff and his attend
ants entered. He held in his hand a
paper. It was, doubtless, my death war
rant. He began to read it. My thoughts
were busied clsewise. . The words ‘full
and free tardon’ were the first to
strike my pre-ocucpied senses. They
affected the bystanders more than my
self. let so it was; 1 ivas pardoned
for an offence I had never committed.
lea * cul P ri U none other, it is
needless to say, than he who had sought
and abused my hospitality, had been
mortally wounded in a recent affray in
a distant city, but had lived long enough
to make a disclosure, which had been
laid before the Governor barely in time
to save me from a shameful death, and
condemn me to a cheerless and burden
some life.
“This is my experience. My judg
ment, as yours, in the case before us,
leads to but one conclusion, that of the
prisoner’s guilt; but not less confident
and apparently unerring was the judg
ment that falsely pronouuced my own.”
We no longer importuned our fellow
juror, but patiently awaited our dis
charge oil the ground of inability to
agree ,which came at last.
The prisoner was tried and at the last
moment confessed his crime on the scaf
fold.
GERMANY.
The Catholic Hierarchical Convention —
Platform of the Prelates for the Council
in Rome —Obedient Yet Free—Brilliant
Assemblage of Rank.
London, Sept. 5,1869.—1 tis well
known on the Continent, and also in Eng
land, that the Hierarchical Convention of
the Catholic bishops of Germany, in
Fulda, Bavaria, is likely to have a very
important and decided influence on the
relation which th 6 German Catholic
Church generally will hold toward the
Ecumenical Council in Rome.
A large nuinbe; of the rel gious faculty
of Germany, headed by Professor Do lin
ger, of Munich, the author of the ser es
ot articles recently published in the All
gememe Zeitung, of Augsburg, entitled
‘ The Council at th. Civita.” are openly in
favor of the assumption 'y the German
episocpacy of a liberal, independent stand
before the Council on all such temporal
political points as may come up before the
assembled prelates. Although the Fu’da
Convention is held with closed doors and
its proceedings kept secret, enough is al
ready known to make it certain that the
bishops take a stand against the position ot
the great body of the German clergy, and
advocates the necessity of an entire sub
mission to the decisions of the Council in
all things, holding such a couise to be ab
solutely necessary for and inseparable from
the maintenance of the Catholic belief in
the doctrine of the infallibility of the Holy
Father, the Pope, when p-.esiding in a
General Council of the Church.
Among the prelates present in the Con
vention were the Right Reverend Chris
tophe Florentius, Bishop of Fulda ; the
Most Reverend Doctor Paulus Melehers,
Archbishop of Cologne; the Right Rev
erend Doctor Heinrich Forster, P/ince
Bishop of Breslau ; the Right Reverend
Baron von Ketteler, Bishop of Mayence ;
with the Bishops of Panderhorn, Freres,
Ernland, Heildesheim, Osnabruck, Augs
burg, Kichstadt, Wurtzburg and Rotten
burg ; the Vicar General of Freiburg, the
Vicar Apostolic of Dresden, with several
other Church dignitaries of equal note.
It is also under, tood that it was resolved
iD the Convention that the bishops should
in future use their authority to enforce a
strict discipline and obedience
throughout the members of the German
priesthood.
The Austrian archbishops and bishops
kept aloof from the Fulda Convention.
They will hold a separate conference in
Salzburg.
The Methodists would seem to be
following* their Catholic brethren in the
matter of praying to dead saints. The
Methodist Home Journal , in its report
of the proceedings at the recent Nation
al Camp Meeting, says that at a season
of peculiar interest, while the vast con
gregation were singing a familiar hymn,
Rev. J. S. inskip, an eminent Balti
morean, with uplifted hands, invoked
the spirits of Wesley, Fletcher and all
the redeemed in Heaven to “help them,
accept the truth in all its length and
breadth.”
Cardinal Cullen’s Thanksgiving—
The Political Prisoners.— Dublin, Sep
tember 6. —Cardinal Cullen nas ordered
prayers of thanksgiving to i>e offered up
in the Catholic Churches for the termina
tion of religious ascendancy m Ireland.
Mr. Gladstone, in a note which has just
been published, says the pardon of the
Fenians is under consideration mthe Cabi
net. 9
London, September. 4, 1869. The
Marquis of Hartington, in a speech at the
Cutlers’ banquet at Sheffield last nigh ,
said: The task for the ensuing session oi
Parliament would be the settlement of fb e
Irish land question. He hoped the subject
would be debated with as little political
feeling as possiole. It had never been the
battle-ground of party. Men were com
paratively unpledged, and statesmen of
various opinions showed an honest dis
position to grapple with the diracuhies
surrounding this matter.
5