Southern standard. [volume] (Columbus, Miss.) 1851-1856, 1851-12-27

- ~, considering the will of the majority OF the
states as evidence of the will of majority OF 1he
noorIe of the United States. Neither oil these
rr1lds has been adopted. Each state Ia fatiy my
the constitution, is considered as sovereign oouy
;,5orandent of all Others and only to be bouhd
r. own voluntary act In this relation, then
tIo new constitution will, if established be Jeae
raj and not a national constitution:
sTba state Governments may be regarded aS
v-+;t,ont and essential parts of the federal gov
ernment: whilst the latter IS no wise essehsi" ~
tbe oneration or organization of the former
To reneat Mr.. Hamilton's opinion then The
National Government like every other, must lHage
in the first insance-of the proper exercise OF It's
,,orors and its constituents in the last.
Cd We next offer the testimony of Mr. Jefer-
SON on the same point whose authority on all sub
iects connected with republican orthodoxy has
never been disputed-except by the FedefaliS'S'
p,onarcbists and tories--the object of whose spe-
oia1 animadyersation both he and his doctrines al
ways have been.
In speaking of the Jupicial power, IN letter to
JUDGE Roane, dated 9th Sept. 1919, (see 4th VOL
Of his correspondence, page SIC, he says:
After twenty years confirmation OF the tedera1
ted system by the voice of the nation, declared
S4NNNAOAAN'
dietary, on every occasion, still driving US INTO
consolidation.
In DENYING the right they usurp of exclusively
explaining the constitution, | go further than you
do, if | understand rightly your quotation from
the Federalist of opinion that the Judiciary is
the last resort in relation to tie other departments
of the government but not in relation to the
rights of the parties to the compact under which
the judiciary is derived If this opinion be sound,
O,,r cOn1Ipte JfIO Ge
Sc For intending to establish three departments,
coordinate and independent, that they might
check and balance one another, 1t has given, ac-
cording to this opinion, to one of them alone, the
RIGHT to prescribe rules for the government of the
others, and to that one too, which is uneected by
and independent of the nation.
1.-The constitution, on this hypothesis, is mere
thing of wax in the hands of the Judiciary, which
they may twist and shape into any form they
please. 1t should be remembered, as an axiom o
) eternal truth in politics, that whatever power il
, any form of government is independent, is abso
Lutte also; in theory only, at first, while the spri
of the people is up, but in practice as fast as tina
7 relaxes. independence can be trusted no wher
but with the people in mass
, Again, in answer to the author of a Book pub
; Iished in Boston, in 1921 he says:
eYou seem, in pages 81 and l48, to consider tn
Judges as the ultimate arbiters of all constitutions
questions Uery dangerous doctrine indeed, and on
: which would place under the despOtlsm Of an Oa
l QQrchy. Our Judges are honest other men, an
not more so. They have with others the same pas
sions for party for power and the privileges of the
corps. Their maxim is, bOi judcis est anpiare Juyls
dtctjonen1, and their power is the more dangerous,
o they i'll Office for life, and not responsible as tn
other tunctionaries to the elective control"
e Again, in letter to VIM. B. Giles, dated 26t
December, 1926, he says: (see 4th vol. p. 1929.
n aI-..
e rapid strides with which the federal branch Of OF
government is advancing towards the usurpation of
the rights reserved to the States, and the consodG
ton in itself of all powers, foreign and domestic
that too, by constructions which, If legitimate, leay
no limits to this power. Take together the decision
of the federal court, the doctrines of the presiden
and the msconstructions of the constitutional con
pact acted by the legislature of the federal brancl
and it is but too evident that the three ruling branch
OF that department are IN combination to strip the
y colleagues, the State authorities of the powers re
/ served by them and to exercise themselves all funC
tions, foreign and domestic.
,, And what is our resource for the preservation
the constitution Reason and argument'-Yo GU mgl
= as well reason and argue with the marble column
IL encirclng them. The representatives chosen by
selves They are Joined i'll the combination, som
1 form incorrect views of government some form co
/ rupt ones sufficient, voting together to oUnumber tn
J. sound parts and with maorites of only one two,
Al three, bold enough go forward in defiance Are
then to stand to our arms with the hot-headed Georg
an! No That must be the last resource, not to
thought of until much longea and greater suffering
=, If every infracton of compact of many parti(
is to be resisted at once, dissolution of it, nou
u can ever be formed which would last one year. w
4, must have patience and longer endurance then wit
y our brethren while under delusion; give them tin
for reflection and experience of consequences kee
/ ourselves in situation to profit by the chapter of
!, cidents and separate from companions only whe
the sole alternatives left, the dissolution of OF
Union with them, or submission to government witt
out limitation of powers. Between these two evil
n when we must make choice, there can be hesit
a ton. But in the mean while, the States should |
ot watchul to note every material usurpaton the
rights to denounce them they in the mo-
peremptory terms to protest against them wron!
e to which our present submission shall be considere
2, not as acknowledgements precedents of right but
o temporary yielding to the lesser evil, until their acc
mutation shall overweight that of separation"
= And his letter, Nov. 4th, 1923, to the Marqu
de La Fayette, 4th vol. page 384-5)
4" who is to be the next President, is the topic hel
of every conversation MY opinion on that subject
e what expressed to you in my last letter The que
o ton will be ultimately reduced to the northernmo
= and southernmost candidates The former will o.
every federalvote in the Unon and many republicans
e the latter all those denomnated Of the old school fl
= you not to believe that these parties are anna
gamated that the lion and the lamb lying down t.
o gether The Hartford convention, the victory of O
leans the peace of Client Frustrated the of fe
erasm Its votaries abandoned it through shame an
modification and now call themselves republicans
But the alone is changed the principles are til
same. For in truth, the parties of Wing and Tor
: are those of nature. They exist in all countrie
whether called by these names, by those of Arist
y Gratis and Democrats, Cote Droite and Cote Ga1ch
u Utras and Radicals, Services and Liberals The scl