The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-10-06

CoLUssUs. (GA.,) JULY 20, 1851.
To His Honor Judge Mood, Seuan,ak, Ga;
address myself to you, as from the friend
. ly interchange Of opinion between us whel
| l was last in Savannah | know you will taxi
i no offence and that your independence as
! man, your attainments both scholar and I
constitutional lawyer, and your sound ogca
mind fully qualify you to admit truth as well al
detect and expose error, the one or the Other
may be exhibited in the positions assume.
The actual expressions of the North upon the
South, have unsettled the government and pro
duced such greatand widespread dissatisfaction
, that something must be done in the way Of sub.
stantaI atonement, for the wrongs already in.
fcted and others threatened TO be perpetrated
We must have indemnity for the past and secu
rity for the future, or collision will be the con
sequence. This government must be brought
by the States which formed it, to proper sense
of its true character, or its constitutional reign
must soon terminate by a dissolution of the
Onion, or consolidation of all powers in the
general government. AS our fathers made it.
it is magnificent temple Of iberty,--as o ma
liority Of abolitionists and federalsts have per-
verified and administered it. 1t is the form through
which the legality Of the expressions of one Sec
ton of the Union upon the other, is defended.
The beauty and equality of its structure has
been spoiled and defaced by ambitious and cor
rupt men, both North and South. The perver-
sion of its powers endangers the rights and lib
| critics of the whole South. This danger cannot
be avoided by hiding our heads we must look
it in the face. What ought to be done then in
| such an emergency? We must unite in defence
of sound principles
tits unnecessary to talk Of rights, unless we
have the power to defend and protect them. A
right is blank without a remedy. If we have
no power, we have no right that we can enjoy
or defend, 1t becomes necessary then in the cut
ret, to look into the political relations Of the
States, as they exist by compact assume the
position of the old States rights and republican
| party, and defy successful contradiction, that
sovereignty is not only inherent, but resides by
compact in the people Of each of the American
States--tlat each State has the right and politi-
cal power TO Judge for Itself on all matters which
concern its own State government--and that
each State has the same political right of judg-
ing of the c0nstitutonalty of the measures of
the general government, as it has of its own
State government. Now, how do | prove this
| latter proposition, the former not being ques-
toned! In the easiest manner imaginable .
simply by reference to facts which cannot be
disputed, and conclusions from which establish
the position irresstibly. All the thirteen States
which formed this government, although at one
time under the dominion of the British crown,
were separate, distinct and independent of each
other For familiar illustration, let us examine
into the political condition of Georgia---our be-
| loved Georgia-what she was and what she is
She was colony of Great Britain, under the
royal charter of George the H. and governed by
| her until she Joined the other colonies in the
war which resulted in her Independence. She
was by the treaty of '83, acknowledged by the
| mother country to be an independent State-for
that treaty did not recognise the thirteen States
as one nation, for they never had been one ma
| ton, but as thirteen independent States. -
She formed two governments-as all the other
States did.--one State government, and the
other a general government by which she con-
nected herself with the other MATES under the
confederation. That instrument In terms recog-
nized her as holding the separate and distinct
= character of State-ior although by article Isl
it was declared that the style of this confedera
a ton shall be the United States of America,
. vet article I'd declared that each States retains
its Sovereignty, freedom and Independence, and
every power, jurisdiction and right which is not
by this confederation expressly delegated to the
United States in Congress assembled"
.lhus far in the history of Georgia, presume
no man can be hardy enough to dispute her
sovereignty The Constitution is the next form
Of general government into which she volun-
tarily entered. She did this by her own separate
action, and that Constitution has not changed
her condition, except that she granted to the
general government more power than she had
| done TO the confederation, but still retained her
sovereignty, almost in the same language was
| used in the confederation--for by article 10th
| in the amendments, it is stated that the powers
not delegated to the United States by the Con-
sttution, nor prohibited by it TO the States, are
reserved to the States respectively or to the
people" twas unnecessary to incorporate this
article, for the parties TO the compact being in
dependent, sovereign States; and the character
of the instrument being clearly for limited pur-
poses only, proved beyond all doubt that
| limited government was expressed, and the only
government intended to be established and, Of
course, without an express surrender of their
sovereignty. and an express arnalgamaton of
territory and destruction OF State lines and State
government, the States retained necessarily their
sovereignty unimpaired, and In the fulness of its
power.
| To crown the argument in favor of the com.
plete sovereignty OF the States separately, call
your attention to the last clause in the Consti-
/ tuition, which provides that the rati6cations Of
| the conventions of nine States shall be sufficient
for the establishment of this Constitution be.
tween the States so ratifying the same. And
while on the subject Of ratification, we will call
attention to the proceedings of the conventions
of New York and Rhode Island, in which the
right to reassume the power by the people of the
State was distinctly asserted. The convention
of New York declared that the power of gov
eminent may be re-assuned by the people,
| whenever it shall become necessary to their
hsppiness--tbat every power, jurisdiction and
right, which is not by the said Constitution
clearly delegated to the Congress of the United
States or the departments Of the government
thereof, remains to the people of the several
States or TO their respective State governments,
to whom they may have granted the same"
| And in the Sd article in the ratification of the
convention of Rhode leland, the same language
was copied FROM New York, and employed--by
which these States expressly assert the right Of
secession, ms one Of the conditions upon which
they enter into the Union. Now, sir, IL any
donbt rested on your mind il must be dissipated,
as you are too good lawyer not to know that
| in mutual compacts between two or more par
ties, reservation by one, enures to The benefit
of the whole. You see that the Independence
md of eorh Stnta w act m cd craa