Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1837-10-17


purposes, delegated 10 that Government
certain definite powers, reserylng, each
State to itself, the reslduary mass Of
right to their own sell-government; and
that, whatsoever the General Govern
ment assumes undelegated Npowers, its
acts are unauthorltative, void land OF no
force; that to this compact eacN State ac-
coded as a State, and as an integral party;
that this Government, created by this
was not made the exclusive or
0inal Judge of the extent Of the powers
delegated to ITSELF since that would have
made its discretion, and not the Constltu-
ton, the measure of its powers; but that,
as in all other cases of compact, among
parties having no common Judge, EACH
PARTY HAS AN EQUAL RIGHT TO
JUDGE FOR ITSELF, AS WELL OF
lNFRACTIONS AS OF THE MODE
AND MEASURE OF REDRESS"
The language of this resolution is too
clear and explicit to require comment.
In this resolution we find it positively as
serted that each State has an equal right
10 Judge for itself, as we'll OF inlractons,
as of the mode and measure OF redress
There is nothing in this, like one Stale
debating TO all the other States, as the
gentleman would think No. Each STATE,
as the resolution declares, has the right
to Judge for ITSELF One State does not
pretend to Judge for the other States: she
only acts for herself. To make it doubIy
clear that the Kentucky Resolutions OF
'98 sanction the doctrine of notification,
will refer you to the Resolution Of '99.
1t is in these words:
"ReSolued, That this Commonwealth
considers the Federal Union, upon the
terms and for the purposes specified III
the late compact, as conducive TO the lib
erty and happiness OF the several States
That it does now unequlvocally declare
it's attachment to the Union, aud to tina
compact, agreeably to its obvious and rea
intention, aud will be among the last Il
seek its dissolution: That if those wht
administer the General Government bC
permitted to transgreSs the limits liked by
that compact, by total disregard to tht
special delegations Of power therein con
tanned, an humiliation of the Stale Gov
ernments, and the creation upon their ri
ms of Central Consolidated Government
will be the inevitable consequence: TIA
THE PRINCIPLES AND CONSTRUCTION CONTEND
ED FOR BY sUNDRY OF THE STATE LEGlSLA
TUREs. THAT THE GENERAL GOVERNMENT !
THE EXCLUSIVE JUDGE OF THE EXTENT o
THE POWERS DELEGATED TO 1T, STOP NOTHING
SHORT OF DISBURSEMENTS THE DIS
CRETIoN OF THOSE WHO ADMINISTER TIL
GOVERNMENT, AND NOT THE CONSIlTU
| TON, WOULD BE THE MEASURE OF THEI
POWERS: That the several States VIII
formed that instrument, being sovereign
and independent, have the unquestlonabl
right to Judge of the infraction; and
THAT A MULTIPLICATION BY THOSE
SOVEREIGNTlES, OF ALL UNAU
THORlZED ACTS, DONE UNDEl
COLOR OF THAT INSTRUMENT, i
THE RiGHTFUL REMEDY"
But we are told that this does not sane
ton the doctrine of Notification by
single State, To put hese doubts to resi-
will refer to the original draught IN tn
handwriting of Mr.. Jefferson, from whlc
the resolutions of 1913 and '99 were taken
With mere alteration of language, tn
9th resolution runs thus:
"ReSolued, That Committee of Con
ference and Correspondence be appointed
who shall have in charge to communlcat
the preceding resolutions to the LegsIa
lures of the several States; to assure ther
that this commonwealth continues in tn
same esteem for their friendship an
union, which it has manifested from tha
moment at which common danger mrs
suggested common union; that 1t cor
siders union, for specified national pun
poses, and particularly for those speclhe
in their late federal compact, to be trlendl
to the peace, happiness, and prosperity
Of all the States; that, faithful to tina
compact, according to the plain intent an
meaning in which it was understood an
acceded to by the several parties, 1t is SIT
cerely anxious for its preservation; the
it does also believe that to take from tn
States all the powers Of self-governmen
and transfer them to O general and col
: soidated government, without regard
: the special delegations and reservation
solemnly agreed to in that compact, is nj
for the peace, happiness, or prosperity
these States; and that, therefore, this Con
monweaIth is determined, as it doubts M
its co-States are, to submit to undelegatet
: and consequently to unlimited powers
no man or body Of men on earth; that
cases of an abuse of the delegated power
the members of the General Governmer
being chosen by the people, and chang
by the people would be the constitutions
4 remedy; bat, where powers are assume
which have not been delegated, Nullll
!, cation of the Act is tho rightful remed!
.Lot quarry State has n natural rlQht.