Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1860-10-05

time OF difficulty and Of danger-it was no
time for the discussion Of political questions
and the Colonies acquiesccd in the powers
which were exercised BY the Congress Of the
Confederation. The freedom, sovereignty
and independence Of the States was declared
and asserted in the articles OF confederation
| themselves, which, in the ID section declare
=. that each State retains its sovereignty, Tree
dom and independence, and every power, JurlS-
diction and right, which is not by this conlede'
ration delegated to the United States IN C"h-
.rcSs assembled
10 not intend to discuss questions IN re-
ference TO the effect produced by the adoption
Of our present Federal Constitution, but VIII
content myself with simply stating the posi-
ton Of the States Rights party upon 'heSe
qucstions-a position which, III my humble
opinion, has never been successfully coIltro'
vcrtci. They have ever held,
|. That the formation of the constitution
was, in its origlnation. its progress. and Its
final ratification, the act of the States rs free
and independent sovereigntic>, and not o! the
whole people of America as one people.
,. That if the sovereignty of the States he
admitted. that no constitution could have been
made without the assent OF those SovereIgntlrs.
=. That if it be the act Of the States It Is a
cou,mct-a compact to establish Il peculiar
form of governments or system of policy for
Tn. conduct of the external relations OF the
States, ana for some other specified purposes.
Those who deny that the constitution was
established by the Suites i'll their separate SOW
crcign independent character, and insist that it
vas ordained and established as L perpetual
bond binding the people Of the United States
80, ,tn ,.,n,,t .- ann ,,nnr1a nr1 1tt,H,o,r
upon them through all and every contingency,
until they shall burst it asundcr by the force
of revolution land Judge Douglas, Judging
irom his recent speeches, has become a convert
to this doctrine.) deny that there is any power
in the States 10 call in question the conStitu-
~tionallty Of laws made by the General Govern
incnt. On the ether hand it has been held by
the States Rights Democratic party, and con-
tended by those who regard the States rs par
ties to the constitution, that that character upon
the common and ordinarily received princi-
pies Of public law invests then with a right TO
Judge of its inlraction and of the nature, extent
and obligation Of the instrument without be-
ing ut ali bound by the interpretations of the
Federal Government, or by that of any other
State. The language used by the illustrious
jefferson is very strong and explicit. lie said
to give to the general government the final and
exclusive right TO judge of its powers is to
make Its discretion and not the constitution
the measure of its powers" and that "in all
cases Of compact between parties having no
common Judge, each party has an equal right
to Judge for itself, rs well Of the operation rs
Of the mode and measure of redress.
There can be no question rs TO the nature Of
tic Government in Virginia. Her Convention
which ratified the Constitution gave expression
in Il full and forciblc manner Of its construction,
of the nature and powers Of the Government
and the source of them ''We, the delegates Of
the people of Virginia. duly elected, &c, do, III
the name and in behalf Of the people of EirGi.
MIA. declare and make known that the powcrs
granted under the Constitution, being derived
from the people Of the United States, may be
resumed by them, whatsoever the same shall be
perverted to their injury Or oppression; and
that any power not granted thereby, remains
with them and at their will. That, therefore,
no right Of any denomination can be cancelled,
abridged, restrained or modified by Congress,
&c, except in those instances in which power
is given Ivy the Constitution for those pur-
poses.
Virginia, represented by many Of the very
men who were members Of the Convention
which ratified the Constitution, and but 4 few
years after its adoption declared the doctrine
in her famous resolutions Of 'gS and 90, and
which has been the platform of the Virginia De-
mucracy from that time down to the present,
and is this day the platform of the National
Democratic party, upon which Judge Douglas
Processes to stand. Here is her language:
THAT TIL, Assembly doth explicitly and ~peremptOrily
tIprlurr thar IL views the bowels OF the Federal Govern
men, as resulting from the compact TO Which the states are
parties, rs limited by the plain sense and Intention OF Tie
instrument constituting that compact, as no iurthcr wand
than they are authorised by the grants enumerated In thai
compact; and that in case Of 4 deliberate, pSlpable and
dangerous exercise Of Other powers not granted by ,ht
said compact, the States who are parties thereto haTc'the
right, and ar" In duty bound, 10 %in:erpose for the purpose
OF arrestinr the progress Of he evil, and for maintaining
within the respective limits the authorities, rights anu ND
critics appertaininS 10 them"
The committee Of the General Assembly 10
whom was referred the communication OF VA
rious States relative to the resolutions Of Us,
after revising with 4 critical eye the rcsolu.
tons which had met with disapproGation from
five Of the States, and after examining fully
the several objections and arguments which
appeared against them, and after having accil-
ratrIy and fully r~e.eXanined and rcconsidered
the same, declared 'ft TO be their indispensa-
bic duty to adhere to the same as founded in
truth, as consonant with the Constitution, and
as conducive to its preservation
shall here introduce a portion OF their re.
port upon the resolution TO which have d.
rcctcd your attention, not only because 1t con.
strNcs the resolution, bur also because it with
the whole report is also i part Of the platform
of the Democratic National Convention upon
which Mr.. Douglas accepted the nomination
for the Presidency:
at appears to Jour committee TO be
4 plain principle founded in common sense,
illustrated by common practice, and es-
Scntiul to the nature Of cOmpactS; that
when resort can BIZ had to no tribunal superior
to the parties, the parties themselves must he
the Judges in the last resort, whether the bar.
gain made has been preserved or violated
The Constitution of the United States was
formed BIZ the sanction of the States, given by
each in its sovereign capacity
1T adds to the stability and dignity, as well
as to the authority of the Constitution, that it
rests on this Legitimate and solid loundation.-
The States then, being the parties to the con-
stitntional compact, and in their sovereign ca
pas;ty, it follows of necessity, that there can
be no tribunal above their authority, TO decide
in tic last resort whether the compact made
br them be violated and consequently, that,
as the parties to it, they must themselves de-
eide in the last resort, such questions as may
be Of sufficient magnitude to require their in.
tcrposition."
Judge Douglas declared in New York: But
tell YOU | an utterly opposed to any union or
any fusion, with any man or any party, who
would enforce and maintain the Constitution
and preserve the Union in all contingencies
x & 4 Il !" = tell you, as Gen. Jackson
told the n%ullifcrs in 1882, that Secession is but
another name for Revolution. My position is
that the Union is a bond perpetual, &c
These principles, which Judge Douglas thus
announced in the New York edition of his Nor
folk speech, are not only at war with the time
honored principles of the Virginia Democracy,
but are in direct conflict with the very plat,
form upon which he processes to stand, is |
have already shown:
Democratic platform Of 1850, +th resolution:
-.t. ,rtl al N