Mississippi palladium. [volume] (Holly Springs, Miss.) 1851-1852, 1852-05-06

eign power to their common agent
which could only be discovered in the
instrument containing the grant by
doubtful construction is simply absurd. |
Without the possession of sovereign
power, at least to a limited extent, no
body of men can, by any possible mode
OF sound reasoning, be Justly consider
ed competent TO the enactment Of laws
that will be binding on the governed.
So, on the other hand, all laws emana-
ting from legislative body possessed
of adequate sovereign power for their
enactment are binding in the fullest ex-
tent on the governed, and all good Cit
izens are bound by tacit oath to the
constitution to yield ready and un-
qualified obedience to them. If, as is
most clearly the case with the fugitive
slave law, the Creators have delegated
to their creature, the federal govern
ment, sufficient sovereignty to pass all
laws necessary and proper to enforce
the constitution, the citizens Of the L.
States should oppose the law, or resist
those whose dutyi it is to execute it, they
thereby become traitors to the govern
ment, and it is the sworn duty of the
Executive to punish them for treason.
But, if the general government should
assume the exercise of powers not del
egated by the States in the federal
compact, and pass laws in accordance
with this assumption of undelegated
power, such laws thus passed by vir-
tue of a usurped sovereignty would
have no binding force either on the
States or the people, except SO far as
public opinion may be considered as
giving legality and validity to them
Such, in my opinion, has been the char
acter Of all the legislation of Congress
on the subject of slavery from its in
ception, except the laws made in obe-
dience TO the constitution for the rem
dition of fugit;ves. That the people
have acquiesced in these federal enact
. ments for many years, and almost with
out protest or complaint, is, by no
means, conclusive evidence to me of
their constitutionality; but, on the
contrary, it only furnishes another ev-
idence OF the inevitable tendency of
[, political events to ultimate consolida-
tion. Happily for us, however, we are
, not left without authority in this mat
ter; for, Mr. Jefferson carried the doc
trine of abnegation of federal laws by
the States much farther than the State
Rights party of Mississippi ever pro-
posed to carry it. He says:
"In all cases of an absense of DELEGATED POW
ERs, the meH,bers of the general government be-
ing chosen by the people. change by the people
would be the constitutional remedy, but where
powers are .ssraED, which have NOT BEEN DELE
, GATED, notification of the act is the rightful
cases not in the compact Lcasus non federis,l to
nullify, of then own authority, all assumptions o,
po,oers within their limits"
; In order to vindicate the truth of his
5 tory, and for the purpose of assisting
= those who are honestly inquiring after
the truth. to do justice to the State
Rights party of Mississippi, propose,
in this connection. to give succinct
| statement of what | understood to be
the platform Of the party, SO falsely
4 charged, as proposing TO put the State
y on its rese,ued rights"
: l. That the federal constitution is q
), compact, which was adopted and ra.i
: fed by and between the States, in theii
e sovereign capacities as States.
If the national compact was formed
: and entered into by the American peo
: pie as one homogeneous mass, then
: indeed, would the CONTROVERSY be a
e an end, aud State interposition woule
: be an unqualified absurdity and have
e the most dangerous revolutionary ten
v denotes. In this point of view, tha
n the federal constitution was formed b,
c the entire people. as an undivided ant
d indivisible whole, mere majority o
It federal numbers should always con
T. troll regardless Of the constitution
e and instead Of a representative democ
II racy, acting under a chart of delega
> ted powers from thirty-one sovereign
II and independent co-states, we shoult
: have constituted democracy not re
:, sponsible to any power whatever, ex
IS cept the people at the ballot-box, AM
is the States would be no better thar
n mere corporations. This would brin,
e us back to the "dark ages" when Nigh
, constituted right, and the strong al
d ways vindicated the justice of thei
le cause by superior physical force; AM
l. yet, from the bitter and vindictive par
e ty spirit in which the State-Rights mel
" of Mississippi have been denounced b.
% the !" Union-revolutionists," becaus
, the former had the darinr preS,,o,nf;o,