The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-10-28

forcing truessnd correct views Of the federal COZ
sttufion. And | will here remark thss the south
Carolina views Of the federal constitution ought to
be regarded az the most orthodox authentic and
correct from the fact that she did more towards
framing that instrument than any other State.
Both the original drafts OF that constitution were
made by South Carolina members of the conven-
ton which framed that instrument, In May, 1871;
the first by that able civilian, Charles P,nckney,
and the second by that most eminent statesman
John Rutledge, who WAS chairman Of the commit
tee which reported the Constitution ant whom
have ev,r regarded the ablest member of that
body, inter fr'inctpes tdcife pr,nceps." These
two distinguished inca were, beyond doubt, the
true fathers ~ the constitution not only from their
having formed the origin Il draft and the original re-
port thereon, but from their having been through
out the debates which ensued BY tar their abest
and state this tact especially for the
purpose Of correcting the strange error which has
got abroad that MADISON did more than any other
member tn framing the federat c onsututon where.
rs the direct reverse vas the cnse, from the very
fact upon which he has SO much prided himself,
that he constantly oc cup-d In taking the most
careful notes and jouru Of the proceedings which
he has published, and which labor precluded the
possibility Of his taking much share in the debates,
or the action Of that Convention He was not even
member OF the framing committee, and In fact
did little or nothing towards the actual framing OF
the federal constitution, although he has been one
OF its abest expouDd-rs In his famous report and
resolutions OF 1898, in the Virginia Legislature
Low an old friend and patriotic Union man.
though . State rights democrat 70 ofer brief &c.
ply 10 some Of the positions taken In their lltortAi
remarks under the capdon OF Utopian Politias!'
The simple question offered TO Dir. douglas, at
Norfolk, was-t'an this government Tor Agency
for fhe States at Wasningtoul employ force
against sovereign State which chooses to with
d,aw, and does actually Withdraw from this c0part-
nership Of states, 10 reply 70 this query, Mr..
Dousias declared that this agency, or creature OF
the States, force 10 drive back Into the
partnership one Of its sovereign creators which has
chosen 10 depart.
This il the great point at issue and the great test
question between wings and democrats, as 10 the
true If conl dera,on of sovereign 81 .tes
AND tho etore IT is that surprise has be expressed
that Mr.. Douglas should preteud 70 call himself
democrat. and yet maintain the leadigg dDsriue OF
the wings; for the democratic party has always
maintained that tn standard eNposllions OF the
Constitution are The FiTg'nii aad Kentucky rrsod-
lions o. Jefferson and N adison IN '9S and 49, which
20 clearly and 20 ably expouud the true nature ~
this copartnership under the very limited power Of
attorney called the stiiuton. aud the nature Of
the sovereign rights OF the partner States either 10
nuilfy. within the Union. clearly Unconstitutional
act to ~iIhd,aw by 81 ate convention from that
partnership, # they eject. Thus is the tntcrpre
tatioD put upon those great State papers by every
true democrat, whether the same be correct or
not; ana no man can he considered a true demo
GRAFT who holds the contrary dociriue. Bat at the
time. the great body II the democr attic party
Are entirely opposed TO the exercise Of this high
sovereign right except in cases OF the most ntole
rabl. wrong; although some democrats. like Mr..
lancey and MT. khett, have favored IL, exercise
in cases OF clear and fragrant violations Of the con-
sti ntton Cor power Of at orney from the States),
by their agency al Washington. JusrSiAs
No. 2.
Messrs. EprToRs-If | may be allowed to tres.
pass tor q briet space, would oHer few sHgges-
uuns in rep'y 10 your patriotic aud conservative
remarks, and to the authorities you have adduced
against the sovereign and ultimate right ot safe
secession.
This sovereign right of withdrawing from the CO
partnership 81 league OF States Is not claimed a.
constitutional right, or recognized right within
the Union, hut as right necessarily resulting from
the nature OF all cop sItnerships. and foytsort
essentially belonging 70 sovereign copartncrs, so
that partner may Ia The option to with
draw each had 70 enter into the alliance union,
league or con pact. And the let er OF Mr. Madison.
in ls30, 10 relation to the ccle GRATED Virginia
lutions Of ,7os, perfectly and entirely comedies
with these views; for he therein declares Gas
quoted in your artcle) that the error in The late
comments on the Virginia proceedings has arisen
from failure to distinguish bet resorts within
the purview Of the constiiu lon aud the 'ultims
ratio which appeals from n constitution eau scied
by ~ abuses, 70 original rights paramount 10 ali
constitutions"
THIS is the precise and obvious ground upon
which all true democrats have based the sovereign
rights Of sovereign States, viz that they are uaie
niaby paramount to all c0nsttu ious Articles Of
confederation, or powers OF attorney; and 30 viii
quote Mr. Msdisous own language in those famous
resolutions Of 80. which, together with Jeiirrsoa's.
constiiui. the best Interpretation Of the constsa
ton by one Of its own trainers and founders:--
this assembly doth explicitly AMI p~rsmpscry iroare
that views the po~e OF the casrsi g,vernmcot ~ 70
suitibe from the compact 10 ~hch Ihs states par
ties limited by tho PLAIN sense and uteIt,on Of the
Instrument constituting that compsst: - no further
val they authorized cy the
that compact that of . detioerste. paisp
BILE dabg OF other not granted W
ss8 n tue sxses ~no are lartcs tnsscto have the
ri In dln utnn6 fnF
hs progress Of thc cv and for Maintaining within
respective miu the authorities, rights ana liberties
appestsnisg N them
Again, the Kentucky resolutions Of Jefferson, ia
that sbe principle and construction contended for
tina, The gene, 10 tue iussse dse Of the
extent 81 the powers och gated 70 Vi O. % oothiag short
OF dcspotisun The dlscrcsoo " tnosc who afmn
sovtrbnent not ihe CONSTITUTION would be
the Of the po~c,s; th TIRE several states who
formeo thai nsument being sov~rexn aud sdepca
the upqursion able right Judge or uracoa
nd that . qualification by thcse gntss of oil
su'hrzed scis coae under color OF that oirumont 10
tho risbual rem dy.
Again. In regard TO the famous proclamation OF
General jackson against the notification OF South
Carolina, IL was well known (xnd afterwards boast.
cd Of by its suihor) TO have been written by that
ancient federalist and consolidauonst, Edward
Livingston; aud IL would never have been ssuc.
toned by Gener Al Jackson but for his unmiig at-d
anImosity 10 John 4. Calhoun and his adherents:
for that proclamation paipaby discountenances,
oppo-cs anu uenite every luuuaWcutA prtuciplc Ol
the democratic creed 50 distinctly laid down IN
the foregoing quotations from the Virgins and
kentucky rssolqtsons of 'as and 'ss. For
example, N-Peehvcly declares lin the ex,
tract which you have quo,ed) tina, this
a, yernment or union OF 5 ates, is no; league.
but government OF all the people Of our country;
q single patop;' that leach State has parted vita
many powers a. tn constitute Jointly with the
other .taies single naiion;" and cannet sec -dc
pe ,ause such secession does not break league
but destroys the unity OF naiioo;" and ITO call
secession a constitutional risht Is confounding the
meaning Of terms" and 'dsuuon l. treason"
let any Of these positions be impaired with The
above quotations. from Jefferson aud Madison aud
IN the whole scope and inevitable principles aud
inter nces necessarily Resulting from the Virginia
and Kentucky resolutions Of lies and i7s9. and
how fsgfant and pxlpable Is the contradiction Ia
every one OF them. Every democrat who has
stucied the cons itu'on In the school Of Jener-ob
and Madison as interpreted by those re o uuous
sces and understands their Suicidal coitradic don:
and every Statesman, and every lawyer. aud every