The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-05-24
STATE SOVEREIGNTY AND PERSONAL
RIGHTS.

FROM our youth up we have been trained III
the school of State Rights. The States, first,
the Union, second, is our motto. Whatsoever
powers are not expressly delegated to the Fed
eral Government, are reserved to the States, or
the People thereof. AS the power to abolish
Slavery within the States was never so delega.
ted, it belongs alone to the States. State Sow
ereignty may shield Slavery within its limits
from Federal action, but so it protects Liberty
from Federal usurpation and the aggres'ions
of Slavery. As an example, take that outrage
GUS act of Slavery aggression and Federal
tyranny,!the Fugitive Slave Bill-to what must
we look for protection against its unconatitu-
tional provisions, until there be force enough
in Congress to repeal it? To State Sovereign
ty. Without collision with the Federal. Gov
eminent, without violation of the Federal Con-
stitution, it is yet possible for the States to
counteract the operation of the Bill, and battle
the Tyranny which is attempting to put it in
force. Prudence teaches that this reserved
power, residing in State Sovereignty, should
not be used, except in extreme cases, ard Of
those the State must be the Judge. Monarch
lists in creed, Centralists, partisans who regard
the States as little better than private corpora
tons, and the Government at Washington as
the only real government, who think more of
the Union than Liberty, more of Federal au-
thority, although tending to usurpation, than
the rights of the States, although exercised
against it, will of course pronounce this doc
trine very heretical and dangerous, full Of
fanaticism and disunion. Thus, the National
htelligencer stands aghast at the Personal
Liberty Bill, which has just passed the Legisla-
ture of Massachusetts by large majority. ga
naticism,'' it excaims, is in full sway in Mas
sachusetts.' "Alas for the Constitu-
ton, when fanatics at both ends are tugging at
its heart-stlings."
Resistance to Tyranny has always been atig-
matized as fanaticism by the worshippecs of
Power. 1t we're well for these ultra Federslists
to rememb that the true way to preserve the
Constitution is, to abstain from the exercise of
powers nobgranted, or of doubtful existence,
and the t5pe way to maintain the Union,
to respect 'the rights of the States. The
Federal Government, in disregarding these
two rules, becomes responsible for whatever
conflict follows with the States and Public
Opinion.
The Fugitive Slave Act is unconstitutional
and fiagitioas - odious and oppressive, espe.
cially to the Free States. They cannot acqui-
esce in it, and they ought not; still, if by the
exercise of their reserved rights they can coun-
teract this usurpation, without resort to -io-
lence, let them do so. Some of them havf> al
ready attempted this: the Personal Librty
Bill of Massachusetts, so rudely assailed by the
Istetligencer, is designed, not to interpose any
forcible resistance to the execution of the Flu.
gitive Slave Act, but to withdraw the State and
its citizens completely from all participation in
its enforcement. Its language to the Federal
Government is, if you will persist in this nm
constitutional, oppressive, and odious measure,
you must depend solely upon your own power
for its administration and execution-the State
and the citizens shall give you no aid or ceun-
tenance = and let your instruments take care
that in serving you, they offend in no point
against the peace, dignity, or rights, of the
Commonwealth. Its provisions are thus de-
scribed in the report of the committee which
framed it: !.
l. The first section continues the efit tcy
of the old lsw of lS43, the constitutionalit of
which was never judicially questioned, md
makes it a plicable to the act of 1850. his
law was NJ de to prevent the State judiciary
from takip I, cognizance Of slaye cases to