The southern press., 1851-12-25

and governor. Ibey then mel, ana formed
constitution, of which the preamble set for.i,
their wrongs aud grievance. Tney adopted
this constitution on the 4th of March, previous
TO the 4ih of July, when the Declaration of In
dependence was made, and put into operation
the first constitution ever framed by free pso-
pie for themselves, since the foundation of the
world. Ii is very true, that in that constitution
it is avowed necessary, because his Msjesty's
servants had abandoned the colony; and tempo
rary, until they should come b ok aggin but
that was in imitation of The policy pursued 10.
wards James H. who, although driven from the
throne, was declared TO have abdicatcd il. II
was in fact, an assertion aud establishment OF
their independence of the British throne
Virginia also, in Jane, before the United
Declaration of Independence, declared herself
an independent State, and adopted her bill Of
rights. New Jersey did the same on the 2 4 OF
July, two days before the general claration OF
Independence, and set up a new government
her own. Thus, sir, you see that, from ts
very foundations of our liberties, the States took
into their own hands the custody Of their own
| rights, and made themselves independent And
now, will any man show me where, in our sub
sequent history, these States have surrendered
a title Of their sovereignty! In their first bond
OF union--the articles OF coniederation--the
distinctly declare that each State reserves to
itself its freedom, sovereignty, and independ-
ence" Were they surrendered by the existing
! Constitution Virginia, fearful that some suc,
false inference might be drawn, declared, in her
ratification of it, that the powers granted un-
der the Constitution. being derived by the peo
pie of the United States, may be resumed Ly
them whatsoever the, same shall be perverted
to their injury or oppression" and that every
power not granted thereby. remains with them
and of their will" New York also declared, in
her ratification, that the powers of government
may be resumed whensoever it shall be neces
sary to their happiness" and that sail powers
not delegated remain aouh The pc pile Of The seu-
erdL STATES. or their respective State govern.
ments." Rhode Island ratified the Constitution
in the very words used by New York.
| But it may be answered that the States, in
ratifying the Constitution, had no right to put
terms to it. 1t shows their understanding how
ever. But ! will throw aside this view, and
turn to the proceedings of the convention which
formed the Constitution. I here were two pro-
positions which looked TO disrobng the States
of their sovereignty. The one was to make
State amenable to the Supreme Court of the
United States; the other was to give to the
general government the power to coerce State,
should she resist the constitutional enactments
of Congress. These propositions appeared in
four different plans, Gndeed, | believe in all of
them) for there were but four submitted to the
convention. But what was the fate Of these
propositions? If either Of them passed, it was
clear that the States would not be sovereign, for
the very essence of sovereignty is, its entire
supremacy. Both Of then were voted down
after discussion, and the States We're left to be
supreme--to be sovereign within their limits.
Rut air tho go tIo A..
consequent rigat of secession, results from the
nature of the government ITSELF independent Of
the ratifications of the States or the records of
the convention. We have had strict constr1c
ton party in this country called the Democratic
party, and formerly the Republican rarty; and
the basis of their creed is the Constitution as it
is, without. construction. Thence it is, that
they have denied the constitutonality of banks.
internal improvements, and of various other
projects which the opposite party have affirmed
to be constitutional. Now, no one will affirm,
that there Is any express surrender of their SOW
ereignty by the States in the Constitution
How, then, can the aurrender be claimed! By
construction--by inference. Was it ever heard
of that not only Legislative powers but the very
entity, the very life of State can be taken
from her by inference-by construction? And
still more extraordinary, that a party, whose
creed is an abstinence from all constructive
powers, who stickle at the power to make a
bank, or build road, because the power is not
plainly granted on the ftce of the Constitution
should by construction usurp the sovereignty
OF the States. And thes' call themselves Re-
publicans-Democrats! To claim property, or
seize revenue by construction is gross Outrage
on a man or a people; but to annihilate-to xii 2
either by an inferential authority, and that, too
from tbpm tba I'll g Il.
or wicsedness. Sir there was once man
highly esteemed in the Union-more highly es
teemed by the Republican party He was its
great political father and when the spirit of
construction and tyranny threatened to strike
down the liberty of the press and the sover-
eighty of the States, his genius rose up with
ITS clear and mastery statesmanshp, p, and rescued
the Constitution at its last gasp. That man
was Thomas Jefferson This authority now
may be very weak amongst the Federal Demo.
Gratis and Democratic Federalists, who now SWAY
public opinion but once 6 it stood against the
world He was the most skilful and omnip-
otent party leader that as ever puided and
governed the councils of the country, save one
Andrew Jackson. Both ruled absolutely-the
one, by his mild, clear intellect; the other. by
his iron will. Mr.. Jefferson, in the Kentucky
resolutions Of 1899, distinctly lays down the
true principles of the Government aud the rights
of the States. The first of these resolutions is
as follows
Resolved, That the several States composing
the United States of America are not united on
the principle Of the unlimited submission to the
general government but that by compact, ur der
the style and title of Constitution for the United
States, and of amendments thereto they consti-
tuted general government for special purposes,
delegated TO that government certain definite
powers reservlng each State to itself the residuarv
mass of right to their own seIfgovernment, and
that whensoever the general government assumes
undelegated powers. its acts unauthoritative
void, and of no force that to this compact each
State acceded a State, and is an integral party
as co-States, forming to itself the other party
that the government created by this compact, was
not made the exclusive or final Judge of the extent
OF the powers delegated to i,sef-snce that would
have made its discretion, and not the Constitution.
the measure OF It's powers but that, as in all
other cases OF compact among powers having no
common judge, each party has an equal right to
Judge for itself, well of infractions as of the
mode and measure of redress"
Hero, sir, is the sovereignty of the State y,