The daily union., 1852-02-14

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is merged in despoilsm That not my view OF the OBJ
eet ior which this Union established and for which
At - declared in the preamble 10 the constitution that il
TO be more perfect Union That object is TO establish
Justice to insure domestic tranquility, TO provide for The
common defence 10 promote the general welfare and tc
secure the blessings OF liberty TO ourselves and pos
isriy When that object ceases, IL is no longer the
Union OF the constitution.
sllons are Jefferson, Madison Philip 7. Barbour Ed
Mr.. Tazewell
FIRST Kentucky resolution of '9s. drawn by Mr. Jefer-
son:
That the States composing the United States Of
America united on the principle of unlimited SUBJ
under the style and e OF constitution for the United
States, and thereto, they constituted gem
certain definite powers resefying each State to il
SELL the resduay Of right 10 their segovern-
sumes undelegaed powers its
void, and Of no force that 70 this compact each State
eminent created by this compact, was not made the ex
elusive final judge OF the Of the powers delegated
TO ise since that would have made It's discretion and
not the constitutions the oits powers but that,
in all other cases OF compact among parties having
common Judge EACH PARTY HAS AN EQUAL RIGHT TO JUDGE
FOR ITSELF AS WELL OF NFRAcrIoNs AS OF THE MODE AND
MEASURE OF REDRESS"
Third Vrginia resolution Of '9s, drawn by Mr. Madi-
son
declare that views the powers OF the federal
as resulting from the compact to which the States
constituting that compact further valid than
they are authorized by the grants enumerated in that COM
gerous exercise of the powers granted by the said
compact, the States which parties thereto have the
progress of the evil, and for maintaining, within their
speeye limits, the authorities, rights, and liberties apper
Extracts from Mr.. Madson's Report on the above
resolution:
/" II appears TO your committee to be a plain principle
founded in common sense, illustrated by common prac
be had tribunal superior the authority Of
the parties the parties themselves be the rightfu
preserved violated The constitution Of the United
States formed by the sanction of the States given by
dignity well TO the authority Of the constitution that
il this legitimate and solid foundation The States
them being the parties the constitutional compact and
in their sovereign capacity it follows oil necessity that there
be tribunal above their authority decide, in the
last resort whether the pact made by them be viola
ted and, consequently, that, the parties it, they
themselves decide in the last resort, such questions as
may be of sufficient magnitude to require their inter-
the deliberate exercise of dangerous powers, pal
paby withheld by the constitution, could not justify the
parties it nterposing far to arrest the
gress of the evil and thereby to preserve the constitution
ITSELF well provide for the safety of the parties
there would be end to all relief from usurped power,
and direct subverion OF the rights specified recog
missed under all the State constitutions, as well as plain
denial OF the fundamental principle on which our nde-
pendence itself was declared"
Again, in this same Report" Mr. Madison, speaking
of the exercise by Congress OF political powers in
which the Supreme Court could not take jurisdc-
ton, says:
However true, therefore, it be that the judicial de-
the constitution decide in the last reso this
necessarily be deemed the last in relation the authorities
the rights OF the parties the constitutional compact
from which the judicial well the other departments
hold their delegated trusts On any other hypothesis The
delegation of judicial power would annu the authority
deegatng IL and the concurrence OF this department with
the Others in usurped powers might subvert forever
and beyond the possible reach of any ghtIu remedy the
very constitution which all instituted preserve
Hon. Philip P Barbour, of the Supreme Court of the
United States, in 1884, when nominated as a candidate
for the vice presidency says
ain general when a question arises whether of
Congress constitutional not, 1t belongs TO the judicial
arses in case either in Inv or equity"-that is, in
between parties which has taken shape for
Judicial decision But when the question Is one o po
power between the federal government and the States
whether has invaded the reserved rights of the
latter hold that questions OF this kind do not belong
judicial co2nzance; that the people of the States
parties to the compact in their character OF States that
The constitution has conferred upon the judicial depart
ment any political power whatever; that therefore, in
relation questions Of this character there common
This is the right but what is the remedy
My opinion Is that the only rghtul remedy is that of
ccssion."
Edward Livingston, one of the abest jursts in the
United States, in the debate on "Fooe's resolution"
says
"That in cases in which law of the United States may
infringe the constitutional right of Sate but which in
operation be brought before the Supreme Couf under
The terms n jfsditon srpressty gtren 70 ~ that court
created the umpire between state that deem
itself aggrieved and the general government"
" That If the act be one OF those few which cannot be
submitted the Supreme Court and be one that will, in
the opinion OF the Stale justify the ritk Of withdrawal
UniOa that is aH t1trcme remedy may at once
BE- resorftd to-"
aThat the theory Of the federal government being the
result OF general will OF the people Of the United States
in aggregate capacity and founded In no degree on
compact between the States, would tend TO the dis
practical results that IL would place three ourhs
OF the States the OF the fourth and lead inevitably
TO a consolidated government, and finally to monarchy
Nathaniel Macon, OF North Carolina, in letter 10
Hon S. y. Carson, in 1888, says
have always believed that might secede when
she provided that she would pay her proportion
Of the public debt and this have considered the best
guard OF the public liberty and public justice that could be
desired"
Ala meeting at Charlotte courthouse, Virginia, in
1882 John Randolph drew up and offered The following
re solution, and advocated il in brilliant speech
ResoEptd That Virginia has parted with the right
cause nor the right Judge OF the sufcency OF such
cause aud seccde from the eonederacy, whenever she
shall find the benefit of union exceeded by s evs-union
being the of securing happiness and not an end 10
which they should be sacrificed
Mr. Tazewel, one Of the most learned juriss and
statesmen of the United States, gives the following opn-
ions:
"The union Of the States, thus resting upon covenant
entered into by every State with It's coStaes, when the
terms this supposed 10 be broken by any
them, there Is common aIber TO decide between
the parties IL is OF necessity that each State must Judge
OF this judgment, any sovereign Sae
tho broken by It's coStates and chooses
10 dissolve Union thereby established for this cause,
she has The perfect right TO do so and this makes secession
from the Union 10 that party only
The security Of the Union Is TO be found IN the com
mon affections and interests Of the States, and not