Mississippi palladium. [volume] (Holly Springs, Miss.) 1851-1852, 1851-05-23

+ the emergency which dictated the subioin-
Cd resolutions. Whilst we disdain to alarm
you by ill-founded jealousies, we recon-
mend an investigation, guided by GOODNESS
Of wisdom, and decision bottomed on
tirmness, but tempered with moderation.
1t would be perfdious in those entrusted
with the GUARDIANSHIP OF THE STATE SOW
ERETGsTY, and acting under the solemn OBJ
legation of the following oath: Il do swear
that | viii support the Constitution of the
United SJates,' not to warn YOU of en-
cr0achments, which, though clothed with
the pretext of necessity, or disguised by
arguments of expediency, may vet establish
precedents which may ultimately devote a
generous and unsuspicious people to all the
consequences of usurped power.
Encrcachments springing from Gov
eminent WHOSE ORGANIZATION ohNNoT HE
MAINTAINED WITHOUT THE COOPERATION OF
EHE STATES, furnish the strongest encite-
ments upon the State Legislatures to
watchfulness, and impose upon them the
strongest obligation TO PRESERVE UNIMPAIR-
Ed THE LINE OF PARTITION.
The ocguiesceRce Of the States under in
fractions of the Federal Compact, would
either beget a speedy consolidation, by
precipitating the State Governments into
impotency and contempt; or prepare the
way for a revolution, by repetition of
these infractiOns, until the people are arous-
ed to appearin the majesty of their strength
Il Is TO avoid these calamities, that we ex-
hibit to the people the momentous ques-
ton, whether the Constitution of the Uni
ted States shall yield to a construction,
which defes every restraint, and over
whelms the best hopes of republicanism.
EXhortations to disregard domestic usur-
patton until foreign danger shall have pass
ed, is an artifce which may be forever us
ed; because the possessors Of power, who
are the advocates for its extension, can
ever create national embarrassments, to be
successfully employed TO soothe the people
into sleep, whilst that power is swelling, 81
lently, secretly, and fatally. Of the same
character are insinuations of foreign infu-
ence, which seizes upon laudable enthu-
siasm against danger from abroad, and dis
tort 1t by an unnatural application, so as to
blind your eyes against danger at home.
The SedItIon Act presents scene which
was never expected by the early friends of
the Constitution. It was then admitted, that
the State soUereignties rere only diminished
by poaeers specifically enumerated, or ne
cessary to carry the specified powers into
effect. Now Federal authority is Ieduced
from implication, and from the existence of
State law, it is inferred that Congress pos
sesses similar power of legislation; whence
Congress viii be endowed with power of
legislation in all cases whatsoever, and the
State viii be stripped of every right reserv-
ed, BY the concurrent claims ola paramount
Legislature.
The Sedition Act is the offspring of
these tremendous pretentions, which infiict
death wound on the sovereignty of the
States.
For the honor of American understand
ing, we viii not believe that the people have
been allured into the adoption of the Con-
stitution, by an affectation of defining pow
ers, whilst the preamble would admit
construction which would erect the s0iU Of
Congress into power paramount In all ca
ses and therefore limited in none. On the
contrary, it is evident that the objects for
which the Constitution was formed were
deemed attainable only by particular emu
meration and specification of each power
granted TO the Federal Government; reser-
wing all others to the people, or to the
States. And yet it is in vain we search
for any specified power embracing the right
of legislation against the freedom of the
press
Had the States been despoiled of their
sovereignty by the generality of the pre-
amble, and had the Federal Government
been endowed with whatever they should
Judge to be instrumental towards the union,
justice, tranquility, common defence, gen
eral welfare, and the preservation ofliberty,
nothing could have been more frivolous
than an enumeration of powers.
All the preceding arguments arising from
a deficiency of constitutional power in Con-
gresS, apply to the Alien Act, and this Act
is liable to other objections peculiar to it's
elf. If suspicion that aliens are danger
Gus, constitute the justification of that pow
er exercised over them by Congress, then
a similar suspicion viii justify the exercise
of a similar power over natives.-Because
there Is nothing In the Constitution distin-
gushing between the power of State to
permit the residence of natives and aliens
1t Is, therefore, right originally possessed,
and never surrendered by the respective
States, and which is rendered dear and val
liable to Virginia, because it is assailed
through the bosom of the Constitution, and
because her peculiar situation renders the
easy admission of artizans and laborers an
interest ofvast importance.
But this bill contains other features, still
more alarming and dangerous. 1t dispen-
SIS with the trial by jury; it violates the
judicial system; it confounds legislative,
executive, and judicial powers; it Furnishes
without trial; and it bestows upon the Pres
ident despotic power over a numerous
class of men, Are such measures consis-
tent with our constitutional principles?-
And viii an accumulation of power so ex-
tenslve, in the hands of the Executive, over
aliens, secure to natives the blessings of re-
publican liberty
Ii measures can mould Governments,
and if an uncontrolled power of construc-
ton is surrendered to those who administer
them, their progress may be easily fore
seen and their end easily foretold. a lover
of monarchy, who opens the treasures of
corruption, by distributing emolument
among devoted partizans, may at the same
time be approaching his object, and delu-
ding the people with professions of repu5-
licanism. He may confound monarchy
and republicanism, by the art of definition