Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1860-11-21
in the constitution which will enable the laws to

triumph without an appeal to force
= The Senator from Pennsylvania asked us the 9TH
or dsy. if we were unwilling that the powers pro-
posed to be given to the Executive by the bill should
be confided to the present President of the United
States. But that was not the question. He would
say that the past course of the President had been
such as to entite him to unlimited confidence and
there was no individual to whom he would more
willingly contidc this power than to the President
But there was no man, however elevated in station
and ennoblcd by virtue however pure his integrity
and honest his purposes to whom he would give
power which was unwarranted by the constitution.
We are told that Jealous watch over the repos,to-
ries of power is the only way OF preserving liberty.
He could not believe for moment, that. II TINS pow
err were given to the President, he would abuse 1t.
But it might, in worse ti'ues than these, and in
worse hands than his be abused to the destruction
of our institutions We may be told that the pow
er will be limited as to continuance and application
But what does history teach psg That the fact of
to-day becomes precedent tomorrow Our own
history shows us instances of powers, some well eS-
tabshed as constitutional, which the trainers Of the
constitution and it's early friends would have shrunk
from with dread. The General Government has
been gradually drawing to itself the exercise OF
doubtful powers. When told that they are not CIV
en- by the constitution, they reply that they are JUS
tilted by precedent
The honorable gentleman from Pennsylvania. in
the course of his remarks spoke of the submissive
manner in which that State would yield obedience
to the most unjust and injurious legislation OF Con-
gress The history of that State was illustrated by
the virtues and patriotism of her citizens, but the
Senator would pardon him if he should say that the
State of Pennsylvania was not quite exempt from
the faults which are imputed to the State Of South
Carolina The course of Pennsylvania in the ia
nous Olmstead case, had some agency in bringing
about the present state of things SouthCarolna.
Though South Carolina had not derived her impulse
from that source, yet the doctrines once contcnded
for by Pennsylvania were appealed to IN JuStltca.
ton of her present course. The opinions and prln-
ciples of Pennsylvania in the Onlstead had been
cited in the discussions in South Carolina, as usti
flying her resort to sefredress He did not stamp his
appreciation on Them those of South Carolina.
[Mr. B. then read extracts from the report made in
the House of Representatives of Pennsylvania, on
the message of the Governor, relative to the mandd-
mus of the Supreme Court of the United States, in
the case of Gideon OlmStcad, as iol!ows:l
THAT the subject referred to them has not failed
to engage their most serious reflection. They have
viewed it in every point of light in which it could
be considered. 1t is by no means matter OF ind:t-
ference. In whatever way the Legislature may de-
eide, it will be in the highest degree Important
We may purchase peace by surrender of right, or
exhibit to the present times, and to late postcrlty,
an awful lesson in the conflicts to prevent it. 1t be-
comes sacred duty we to our common coun-
try, to discard pusanimity on the one hand, and
rashness on the other. In either case we shall fur
nish materials for history and future times must
Judge of our wisdom or our weakness. Ancient his
tory furnishes parallel to the constitution Of this
united republic. And should this great experiment
fail vain may be every effort 10 establish! rational
liberty. The spirit Of the times gives birth 10 ea
ousy of power it is interviewer III our system; and
is, perhaps, essential to perfect freedom and the
rights Of mankind. But this jealousy urged to the
extreme, may eventually destroy even liberty ITSELF
As connected with the federal system, the State
Governments with their inherent rights, must, at
every hazard, be preserved entire; otherwise the
General Government may assume character never
contemplated by its framers which may change its
whole nature"
RsSoirtd That in Government ike that If the United
Staes where there powers granted 10 tie General Cow
ernmen and rights reserved to the States il is impossible
from the iEaection Of language to define the lso
each that difficulties should not sometimes arise tlnm
collision of powers; and ii is to be aniented Il rr
vision is made in the constitution for determining disputes
between the General and Stale nvernEienis by
tia tribunal, when such cases occur.
Ro!reI, That from the construction The United STATES
courts give to their powers the harmony of the States If
they entertainments their rights will frequently
he inter upted and it, to prevent this evil they should
all occasions yield stretches Of power the reserved I.s
of the States will depend the arbitrary power OF the
courts.
Rssolred, That should the independence Of the States
secured by the constitution be destroyed the liberties of
the people, in extensive country, cannot long survive
To suffer the United States courts decide State rights,
will from bias IN favor of power. necessarily destroy the
federal part of Government and whenever the Govern
men Of the United States becomes consolidated, may
leain from the history Of nations, what will be the
Those papers show what were the doctrines of
Pennsylvania at that time; and it is well known
that she went to carry those into practical opc-
ration. She called out her whole military power to
resist the decree of the court and steps taken
to bring her military force into actual service. lie
did not adduce this fact because he approved OF the
doctrines of Pennsylvania, for, in his opinion, she
went too far. But he meant to show her raShncSs
did not draw down upon her the power of the Union.
The administration OF that day had not recourse to
military coercion. The decided stand which the
: State had taken was known to the Government and
to Congress- but they did not consider that any CO.
ercive measure was necessary before the judicial fri
bunals had tried their remedy. No bill Was intro
duced in Congress, no measures recommended by
the President for meeting the measures of Pcnnsyl-
vania with military force They trusted to the force
of our institutions without other remedy, and those
institutions triumphed.
Should not the recollection of this transaction in
culcate upon Pennsylvania moderation and unaba
ted confidence in peaceful remedy? The case ad
dressed particularly to that State and bound hcl
lima which the Union practised towards her, when
in moment of high excitement, she opposed her
self to the laws of the Union He would, in flrth
err support of his views, read from speech deliver
ed by highly distinguished citizen of Pennsylva
niaa passage which was fraught with jus: and libe
raj sentiments. From the address delivered before
the literary societies of Jefferson College, at the
: nual commencement in September, 1882, by thu
! honorable w. Wilkins, he read the following pas
sage:
! "lf we start with horror from such fiightful con
| sequences, let efforts be directed to avert tn
| evil which brings them in its train Ever keep il
| mind the spirit of compromise in which our const;
tuition had its origin Instead of defiance and deri
sion, let us adopt the tone Of Cancellation, and, wher
/ practicable of concession. Instead of hunting u
| materials, from spteful comparisons between differ
! ent States or districts, let us remember only wha
is glorious in the history estmabe in the characte
of each; adopting the happy quotation of Lor
| Chatham, when deprecating that stubborn and con
temptuous defiance which led to the disnembel
ment of the British empire let each State in refer