Southern standard. [volume] (Columbus, Miss.) 1851-1856, 1851-03-01
ha,.o .he rirbt ia ,ndae for themselves.
The resolu-


tons are clear upon this point.
It's intended here to speak of those cases faggres-
sion bv the government on the rights ofthe States in
which there exists no possible mode OF obtaining re-
dress through the judiciary This explanation is given
in order to prevent ignorance from seeking an advan
tage even by disappearing views, and not be-
cause it was presumed any gentleman would assert
that the claims of the judiciary had been overlooked
It is well enough to remark that it is provided that the
Supreme Court shall take cognizance of all sin
law equity arising under hts constructor. But II
question of political power arises between the general
and the States, the constitution Is silent
and the Supreme Court without power or authority
The constitution has not conferred upon the judicial de-
partment any political power whatever
1t clear them that the right secession exists both
over and is expressly reserved in that instrument
1t is unnecessary to enter upon long argument to
prove that the right of secession is original nalien
able right This will not be denied but by very limit
ed class of men in this country But that the right to
secede is expressly reserved in the constitution many
may and no doubt WILL deny. But to put the question
in form an article entire from the Constitution is here
inserted
ARTICLE TEN-The powers not delegated to the U.
States by the constitution, prohibited by to the
STATES, ARE RESERVED TO THE STATES RESPECTIVELY,
OR TO THE PEOPLE.
Above it is contended that the general government
as formed by the several States is not omnipotent-
that is restricted certain sphere, and, that when
it departs from this sphere its acts not binding
1t is also stated that its powers definite and its pur
poses special This denies to it the right to launch
out upon the field of unlimited legislation because its
powers defined and special. The article above full
y sustans this position That article says further
The powers not delegated to the general government
prohibited by it to the States, are reserved to the
States to the People. The conclusion is inevitable
then, that certain powers are reserved by the
States and by the People. The usual construction
applicable the constitution is, FIVE right that in
all cases its powers be measured by those dele
gated and that Congress to carry into operation any
of the delegated powers may select such means as are
necessary and proper &C. If this is correct it fol-
lows that the States the People are at liberty to ex
ercise all and every right not denied to them by the cons
tuition Is the right of secession denied and if so, in
what FORM and where The 9th article of the const
tuition reads thus
"The enumeration in the constitution, of certain
riqhs shall not be construed to deny disparage 9TH
ers retained by the People"
The Declaration of independence declares that:
"We hold these truths to be sef-evident-that all
creator with certain unalenable rights that among
these life, liberty, and the pursuit of happiness
That these rights, governments are instituted
among men, deriving their Just poo0ers from the consent OF
the governed that whenever any form OF government
becomes destructive of these ends, is the right Of the
PeOple TO Alter or Abolish it.
Contemplate for moment the denial of this right
and what picture is presented to the mind. To deny
the right of secession to State to establish the
trary doctrine of "unlmited submission to the gener
al will of majority of the people of the several States
and it is also denial of State sovereignty for submis
sion and sovereignty not convertible terms. Mr..
Hamilton asserted in opposition to the objections raised
against the constitution that
can entire consolidation of the States into one
complete national sovereignty, would imply an entire
subordinaton of the parts and whatever powers
ight remain in them could be altogether dependent
the General VAL"
He further says that the convention aimed at only
partial union consolidation and that 'the State gov
ernments would clearly retain all the rights of
eighty which they before had and which not by
that act exclusively delegated to the United States'
AS there is none fatuous enough to deny that the
States sovereign before the formation of the pres
ent contstution it follows if Mr. Hamilton is right
that they still every particular those only
exclusively delegated away. Have they delegated a
way dDOusH Tue present lOTLn OF
government
What is the meaning of the 9th and 10th articles of
the constitution quoted above There must be rights
and powers reserved by the States and the People, and
it clear that the States one or many, may withdraw
from the Union whenever the union proves destructive
of those objects it was formed to perpetuate.
There is another point must present. Suppose
State were to withdraw from the Union is there pow
lodged anywhere within the legitimate action of the
General Government force the State back into the
Union again fsuch power is delegated where is it.
and in what article clause in the constitution does
find shelter ! 1t may be of such character as that
indicated by Mr. Clay in regard to the power estab-
fish National Bank-if it vagrant power" let it
be denominated, and it will fall among the vagrant
provisions of that celebrated and universal maxm-the
general welfare-which means all things or nothing
If the general government possesses the power of CO.
ercon, then are the States wholly dependent on the
General WILL doctrine repugnant to the views of
even Alexander Hamilton. If coercion is the rule
then the General Government, the creature of the
States their agent for special purposes, becomes the
Judge its acts, and the constitution is of no more
weight and value than the paper upon which it is writ
ten This power of coercion if it exists at all exists tn
an unlimited extent fit exists at all it is unlimited
because its power is nowhere specified, and like the
vagrant, it may seek shelter anywhere Admit the ex
OF this power and the rights of the States are as
nothing for the assertion of any right may be crushed
at any moment by the supreme power of coercion pro-
claimed as the "Higher Law' doctrine. By the wav it
is suspected that this is the true Hgher Law alluded
tn hy I'd 1tbo, bo Oil a.,