Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-01-14

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bv tho Constitution. Like every one-sidcd
view of Il great subject, this mode Of thought
is not only incomplete, but invariably involves
its p%artisans in the very errors which they seek,
or pretend, to avoid. Thus it is that we so
frequently see profcsscd ultra-States- Rights
men running into the worst errors of Federal
ism. True philosophy is never ultra. The
mind which recognizes 4 great political truth
in its entire proportions.
"7jf"s. '.Jt, r'i9. rp.7.ia~,'
avoids the impoicn; in,cnSitieS of political fanati-
cisln. Such was the mind Of James Madison. In
the writings of this great constitutional cx-
warp and wool Of every constitutional treatise:
that while the Union continues, two rules are
required for the entire preservation Of State
sovereignty.
ist. The action OF the General Government
must be Str;ngcntly restricted within the pale
of its clearly defined constitutional powers.
2nd. The GENERAL GovEgSNEHr MUST not BE
RESTRAINED m Any NEUTRALITY-SUSPICIOUS. RE.
srgIcrioy FROM A FILL EXERCISE or TIE POWERS
GRANTED ny THE CONSTITUTION.
While the first of these injunctions is con-
%tinually before the minds Of 4 large class Of
profcssel States rights politicians. they seem
entirely TO have ignored the second injunction.
And yet the second, equally with the first, is
necessary to the maintenance Of State sovc-
~rcign,y. More than that, the equilibrium Of the
two is required FOR the protection of the reserved
powers Of the States; and whenever the one
monopoliseS the care and attention Of q politi-
clan or = parts. to the exclusion Of the other.
that politician or that party will inevitably run
aground on the reefs and shoals Of federalism.
Tic reason for this a child may read. Tile
Constitutional porers Of the GeMeral Gerern-
mont, no ies Man tie constitutional %rtsiric-
t;ons IF those porss,, ~ere ad"pisd by the
riraatsrs cf' Tie C3astit"tio" 10 tie pro'rr'jom
81 Niate s~or,reigaty.
No more pcrfec; cXeinplication Of this truth
can be found. than that manifested by this
very question o! the protection Of slave proper.
" III tho territories. Congress has the power
To protect. The Slaychoiiing States have a
right TO the protection. and ii its cxerisc be
denied, the sovereign right Of the State is as.
sailed a> ralpably. and more injuriously, than
by any possible Congressional assumption Of
unyran;ed power.
And the means by which it is proposed to
effect this denial of Congressional protection,
opens the door at once to the denial Of all pro.
lection, and to the practical accomplishment Of
tic entire scheme Of the abolition party for as
Sault on the power of protection now welded
by the Supreme Court. If a Congressional
statute is sufficient to abSolvc one Department
OF the Government from the exercise Of its
constitutional powers and duties, 4 81
milar declaratory statute will suffice to cut
off another Department from the exercise Of its
powers and fullilment Of its duties, also granted
and cnioincd 10y constitutional provisions. II
Congress ran deny to itself the power TO protect
slavery in the territories, it can deny the same
power to the Supreme Court.
If the Congressional power of protection is
Il mere abstraction, impossible Of satisfactory
application because Of existing prejudiccS. is a
declaratorv statute denying the competency Of
Congress to exercise this power. the proper
remedy for the evil:
Let the Democratic party yield an aflirma-
tive answer to this question, and they at once
hastcn the speedy consummation of the exist
ing scheme for Black Republican domination.
Such an abandonment Of principle will leave
us no refuge. Our enemies need only apply the
same rule of legislation to that which VIC have
succumbcd, to enact 4 second dcc!aratory stat
ute asserting the i%ncompctcncy Of the Judiciary
to intervene for the protection Of slave proper
" in the territories.
The one step only will be needed. No third
dcclaratory statute will be required to cut of
Executive power. The power Of the Executive
will already be destroyed. Without a Con-
grcSSional statute, or a judicial decree to be
enforced. the Executive will have no stand point
from which to act, no protection to enforce
We must stand firmly and loyalty by the
principles of the Constitution. There is no
other means Of safetv-there is no other house
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