The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1860-11-28

If any party snail be foahd fectr-HS lo"7h
TO attempt TO usurp this power for the
Federal Government, thus positively denied
to it by the Convention, men OF all parties
will sDrinc to their feet and again vindlcate
the rSyhts of the States and the liberty Of
the people. When this Constitution vans final
" agreed TO in the Convention Of Philadelphia,
! it was submitted to the several States, and
each State for ITSELF and by Itself ratified 1t.
/ Nor was it ordained and established between
! the people OF any State and those Of the other
States, except by the separate and sovereign
act Of that State. The Conventional New
York declared IN their act Of ratification that
! the powers Of the Government may be re-as-
sumed by the people whatsoever it shal. be-
come necessary TO their happiness. What
people IS here meant? the people Of New
York for that Convention could speak for no
other. The Convention Of the State of Vii-
ginia in her act of ratification in the name
and in behalf Of the people of Virginia de-
clared that 'thc powers granted under the
Constitution being derived from the peO
pie of the United States may be resum-
ed by them whatsoever the same shall
be perverted to their injury or oppres-
SION Who, was it feared, might peryert
these granted powers TO the injury and OPP
preston Of the people Of Virginia The ma
ioritv of the States by their votes in the Con-
gress and in the election of the President. -
CouId Virginia mean that only q majority Of
the "people of these United Statess had the
right TO r. dme the powers granted under the
Constitution? This construction would make
their declaration idle and senSeless, for th4t
same majority c0uid control the action OF the
Government and prevent the perversion Of rs
powers, That Convention speaking IN the
name and in behalf Of the people of Virginia"
must have intended to declare that the people
of Virginia had right to resume the power
which they had granted to the Federal Gov
ernment whenever the same shall be perverted
to their injury or oppression, and used the
phrase "the people Of the United States" to
express double idea, declaring the right of
the people Of Virginia and admitting the right
Of the people OF each Of the StlteS to resume
the powers granted under the Constitution
whenever the same shall be perverted to their
injury or oppression. The people Of Rhode
Island in her act of ratification were still
more explicit in reses wing this right Her cen
yention declared in that act that there are
rights Of which they could not deprive or di-
vest their pos llitv, among which they emu
mcrate the right of pursuing and obtaining
happiness, possessing and protecting prop.
erty and 70 guard these among Others
from the usurpation or &JtIses OF the Fed
eral Government they declared that he
powers of the Government may be re-as-
sumed hg the people whatsoever it shall
become necessary TO their happiness.-
The right TO be governed only by their own
consent and to withdraw whenever it is ne
cessary Tor their safety, are parts Of the re-
served rights Of tue States. Those who have
= -. To lot-
ignored the history If the action of the States,
and gone to the words Of the Constitution to
seek there the reserved rights Of the States;
and when they find in the preamble of that
instrument the " ids, 'We the people Of
the United States do orian and establish this
Constitution for the United States Of Ameri-
ca" they contend that this Government was
ordained and established by the whole people
for the States and over the States, cOnse-
quently binding on the States until the whole
people of the United States relieves them Of
the obligation to obey il. This cons, VctiOn
is contradcted alike by the facts of history
and the words Of the Constitution. History
shows that it was made and agreed to by the
States, the smaller States having an equal
voice with the larger States in the adoption
Of every clause in it, and that il was ratified
and established by the States each acting in
dependentiy by itself ana for itself, and the
words of the Constitution in the seventh arti-
Gle are as follows "The ratification of the
convention Of nine States shall be sufficient |
for the establishment OF this Constitution be-
tween the States so ratifying the same. Thus |
the Constitution agreeing with the facts of |
history, shows that it was established by the |
States and not by the whole people Of the
United States, and was to be binding between /
the States that ratified it, and not over them;
binding between the States which might rat.
fy and not between them and States refusing
to ratily. For the ratification of twelve
States could not and did not make il binding
between them aud the smallest State of the
former ,}onfederacy-RhodeI Sland-uutil on
her own terms and i her own time, her sove-
reign act made her one of the States OF the
new Confederacy. Again it is asserted a t |
the supremacy of the Federal Govel .meht
over the States was established and agreed to
in the seventh clause of the sixth article Of
the Constitution as follows:
This Constitution, and the Laws of the !
United States which shall be made in pursu-
lnce thereof, and all treaties made or which
hall be ma ~ under the authority Of the Uni !
ed States, shall be the Supreme Law OF the
and; and the Judges Of every State shall be
pound thereby, anything in the Constitution
II laws of any State to the contrary notwith- I
tandng"
This clause asserts the supremacy Of the
Constitution, laws and treaties OF theFederal (
Government over the Constitution, laws, /
ourts and citizens of the States so long as |
hey remain united, but does not touch and ,
vas not intended to touch the question OF the
isht Of State to resume this with the other
fa,l tn, 4.Al l., Al /
: nited States This Constitution, the laws and
reaties are declared to be the supreme law Of
he land. What Md F? 'rhe Territories Of
be States remaining in the COniadeIacy and 1
ot the Territory Of State after it has |
from It. The States did not in {
his clause Of the Constitution surrender tbs
ght which they had SO ;aalousiy watchei
yer through all stages of formation.
1t thus seems to me clear that the right TO
e governed only by their own consent, and to
-ithdraw from the Government for tyranny il
nd oppression, is the birth-right OF the States,
-hich our fathers guarded for us, never loos- t,
Ig sight Of never surrouderiDg it. And is
e must guard it for our Soas. Ii y TO day II
more iminent peril than at any time since
Washington crossed the Delaware. That dan
r arises not from the fact that Mr.. Lincoln
at, were il unattended by other threaten +
& circumstances, would be matter of small d
oment. But when it IS remembered that
ruggle has been going on, between the 81
70 great sections Of the Cunledcracv. FOR forty OF
,ars the North struggling for domination,
r the powaRto ipjure and oppross the South, IN
e SoutherifStateS defending their existence
equals in the Ccn!ederacy, asking nothing -
it what was given by the Constitution and re
baoaths; and when that dominant,
stilc, Northern section has attained num- TIC
rs sufficient to place itselfpermanentlyi in the
cendant, and add the powers Of the Federal RI
vermont to its means OF oppression, well tn
~ we regard this as the great danger that
nstrainS men of all parties in the South 70 FAY
ry party feuds and band together for defence.
II delVerapce from this great danger, in my
nioR is to be found in the reserved rights
the States, to withdraw from ininry ami 81
preston which was retained by thosa
To- formed this Government, for lust such an Is
ergency as this. Embodied in the resery- COZ
rights OF the States, t4thc soul OF American Ii
crty-the great saving principle 10 which we
ne the Southern States can 20oh anil Ja,s
is saving principle must perish under br
ok Republican rale. Then 20 down intn 40
ypt while Hefod rcigns in Jadea II i ~
y means OF saving the life n this Enamel os b.,
lerican politics, and when in after wears Il ~
II be told you, that they who soiIebt tbo
of this Prince OF Peace and fraternity are
Z, you may come up cut of Egvpt and
lie all the fond hopes Of patriots ana $780, pr
'eace on earth and good will ampn,- 80 bar
Ter the benign influence Of u re uuited e. by
ment deriving its just powers frr,,,s ~ to
sent Of the governed, 'ii' val
hat fs the state Of Mississippi may evince to be
oou,herh SISTER States the interest She
u tne common danger, recommend
commissioners De appointed to visit such sS St'