Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1860-12-13

" auGtuSiuS tuC u0Cuou VI SpSeo,
,r Of the press, or the right of petition
though We are indebted for the
rights which secure the people against
any abuse Of power by the Federal
Such were the ap-
prehension justly entertained by the
friends Of State tights at that period as
to have rendered it extremely doubt
full whether the Constitution could
have long survived without these
amendments. Again The Constitution
was amended by the same process
after the election of President JEFF
lerson, by the House Of Represent.
atives. in February, 1908. This
amendment was rendered necessary
to prevent the recurrence Of the dan
gers which seriously threatened the
existence of the Government during
the tendency Of that election: The
action, for its own amendment, was In
tended to secuIe the amicable adjust.
ment of conflicting constitutional
questions like the present. which
might arise bet Heen the Government
of the States ard that Of the United
States. This appears from con-
te mpolansous history in this connec-
ton.
l shall merely call attention to
few sentences in Mr.. Madison s just
ly celebrated report in 1899 to the
Legislature of Virginia. In this he
ably and conclusively defended the
resolutions of the pree ding Leg.
islature against the structures of sew
eraI other State Legislatures. These
we're mainly founded upon the pro-
test of the Virginia Legislature
against the alien and sedition acts,
as palpable and alarming inlractions
of the Constitution. In pointing TO
the peaceful and constitutional rem
edies-and he referred to zone other
to which the States we're author.
lied TO resort on such occasions, he
concludes by saying that the Legisla'
lures of the States might have made
direct representation to Congress
with view to obtain resembling o
the two offensive acts, or they nigh
have represented to their respective
Senators in Congress, their wish thai
two thirds thereof would have pro
posed an explanatory amendment
to the Constitution, or two-third:
of themselves il such bad been theil
option. might. by an application t'
Congress, have obtained convention
for the same object. This is th'
very course which / earnestly recon
mend in order to obtain an explana
tory OF the Constitution on the: sub
Iject of slavery. This might origi
nate with Congress or the State Leg
isIatures, as may be deemed most ad
visable to obtain the object. TIL
explanatory amendment might b
confined to the final settlement 6
fthe true construction ofthe Constitu
Ition on three special points: Firs
an express recognition Of the right
of property in slaves in the State
which now exist or may hereafte
exist. Second, the duty Of protect
ling this right in all common Teri
Itories throughout the Territorial eS
Iistence, and until they shall be ad
mitted as States into the Union wit
or without slavery, as their consti
buttons may prescribe. Third, a Xix
recognition of the right Of the mas
ter to have his slave who baA escape
from one State to another, restore
and delivered up TO him, and Of tn
validity of the fugitive slave law en-
acted for this purpose, together wit
a declaration that all State laws i'm
pairing or defeating this right,are vic
Il4tions Of the Constitution, and are cor
sequently nuIlaud void. 1t may b
bjected that this construction 0! th
Constitution has already been settle
by the Supreme Court of the Unite
States, aud what more ought to b
required2 The answer is that a yer,
large proportion Of :be people of th
| United States still contest the Col
rect ness of this decision, and neve
will cease from agitation and nd
nit its being in force until clearl.
established by the people of tn
several States 10 their sovereign char
acter. Suck an explanatory amend
ment would. it is believed, forveve
terminate the existing dissension
and restore peace and harmon,
among the States. 1t ought not &
be doubted that such an appeal to tn
arbitrament established by the Con
stitution itself would be received
with favor by all the States of thu
Confederacy. In any event it ough