Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1861-01-27

were derived from the people, and might b
resumed BY them whensoever they should b,
perverted 10 their injury or oppression anC
that every power not granted thereby Femaine'
at their will. No danger whatever could arise
q for SAYS bel these expressions will become
J part Of the contract. The Constitution cannO
be binding on Virginia but with these condi
tions. II thirteen individuals are about t.
{ make a contract, and one agrees 10 il, but 6
( the same time declares that be understands III
meaning, Specification, and intent 10 be (wha
the words Of the contract plainly and Obvious
, " denoLe) that It is nee TO be construed 50 a
to impose any supplementary conditions Of
him, and that he is to be exonera,ed from {
whensoeVer any such imposition shall be at
tempted, ! ask whether, in this case, tees
conditions on which he has assented to it woult
, not be binding on The other twelve? In iik'
manner these conditions will be binding or
T Congress. They can exercise no power thai
is not expressly granted them
So, sir, we find that not alone in these two
conventions, but by the common action Of the
States there was an important addition made
to the Constitution, by which it was expressly
provided that it should not be construed to bl
a General Government ever all the people, bui
that It was a government OF States, which
delegated powers to the General Government
The language Of the ninth and tenth amend
ments to the Constitution is susceptible Of nc
other construction:
"The enumeration in the Constitution oi
certain rights shan not be construed 10 deny o.
disparage others retained b. The people,
q The powers not delegated to the United
Siates.'
Gentlemen are fond Of using the word,
surrendered, abandoned, given up" That il
the constant language on the other side. The
language Of the amendment intended TO fx the
meaning OF the Constitution says that these
powers were not abandon by the State, mo-
surrendered, not given up, but " delegated, ?
and therefore subject TO resumption;
The powers not delegated to the United
States by the Constitution, nor prohibited By
it to the States, are reserved 10 the States, re-
speetiyely, or to the people,"
Now, Mr.. President, if we admit, as we
must, tha. there are certain political rights
guaranteed to the States Of this Union by the
terms Of the Constitution i'self-Tishts politi-
cal in their character, and not susceptible Of
judicial dscison-if any State is deprived Of
anysof those rights, what is the remedy FOR
If ia idle TO talk TO Us al this day ia a language
which shall tell US we have rights ard no rem
edies. For the purpose Of illustrating the ar
gument upon this subject, let US suppose a
clear, paipabie case Of violation, Of the Con-
sdtution. Let US suppose that the State Of
South Carolina having sent two Senators to
sit upon this floor, had been met by resolu-
ti0n Of the majority here that according to her
Inst weight in the Coufederacv, one was
enough, and that we had directed our secreta-
~ to swear in but ore, and to call but one
name on our roll as the yeas and nays are
called for voting. The Constitution SAYS that
each Stale shall be entitled to two Senators
and each Senator shall have one vote What
power is there to force the dominant majority
to repair that wrong? Any court Any tri-
bunal? Has the Constitution provided any
.~~-f.s~ L. J..
! signedly silent on the subject of that recourse?
And yet, what man will stand up in this Sen
I ate and pretend that il, under these circum-
| stances, the State Of South Carolina has de-
( clared, +" entered into a confederacV or com
/ pact by which | was to have nv rights guar
anteed by the constant presence Of two Ssna-
tors upon your door; you allow me but one;
You refuse TO repair the Injustice; Withdraw:
| Whst man would dare g say that that was a
violation of the Constitution on the part Of
South Carolina? Who would say that to at
was revolutionary remedy? Who would deny
the plsin and pslpsbe proposition that it was
/ the exercise Of a right inherent in her under
the very principles OF the Constitution, and
necessarily so Inherent for self-defenss
Why, sir, the North, IL it has not majority
here to-day, will have it very soon. Suppose
these gentlemen from the North with the ma
iority, think that it s no more than fair, mas
Z there are large number Of slaves, that the
Northern States should have each three Sena-
tors, what are we to do? They swear them
in. No court has the power Of prohibition, Of
s1anddmas over the body on the exercise Of its
/ political powers. It is the exclusive Judge Of
the elections, the qualifications, and the re-
4 turns Of is own members, a Judge without ap-
peal. Shall the whole i,tesn Southern States
submit TO that, and be told that they are guilty
Of revolutionary excess il they say, we will
/ not remain With you on these terms; we never
agreed to il? Is that revolution, or is it the
exercise Of clear constitutional right?
Suppose this violation occurs under circum-
+ stances where it does not appear so plain TO
I you, but where /. does appear equally plain to
{ South Carolina then you are again brought
/ bsck to the iTrevocable point, who is to de-
I eide? South Carolina says, you forced me to
Z the expenditure OF my treasure, Won forced me
TO the shedding OF the blood Of nv people BY a
msjority vote, and with my cid you acquired
{ territory now have a conStitu iOnal right TO
60 into that territory with nv property, and
. to Be there secured BY you! laws against its
loss. You say, no, she has not Now there is
this to be said: that right is not ppt down in
/ the Constitution in quite so clesr terms as the
{ right &c have two senator's bit il is a right
which she asserts with the concurrent opinion
OF the entire South. It is a right which she
asserts with the concurrent opinion Of one
third or two hfths OF your own people in
( terested In refusing it. It Is right that she
asserts, At all events, if not Ia accordance with
I the decision-as you may say no decision was
rendered--in accordance with toe opinion ex-
( pressed by the the Supreme Court OF the Uni
[ ted States; but yet there is no tribunal for the
assertion Of that political right Is she With
Z out remedy under the C0nsttution? If not,
then what tribunal? If none is provided,
then natural law snd the law Of nations tells
: you that she and she alone, from the yerv ne
/ cessity OF the case, mGst be the Judge Of the
/ infraction and of the mode and measure Of re-
[ dress.
( This is no novel doctrine; but it is as old as
I the law of nations, coeyal in our svs'em with
! the foundation OF the Constitution; clearly an
nounced over and over again in our political
/ history. A very valued friend from New
/ York did ne the favor 70 send me an extract,
I which he has written out, from an address
1 delivered by John Quincy Adams before the
/ New York Historical So-ierT in 1899, at the
jubilee Of the Constitut.El. His language is
this;
"EatioRs acknowledge no Judge between
them upon earth, and their governments, from
necessity, must in their intercourse with each
other, decide when the IA lure Of one party 10
contract to perform its obligations absolves
the other from 'ho reciprocal fuldlment Of his
own. But this last Of earthly powers is no.
necessary to the freedom sr independence Of
States, connected together by the immediate
sction Of the people, Of whom they consist
To the people alone is there reserved, as well
the dissolyDg as the constituent power, and
that power can be exercised BY them only un-
der the tie OF conscience, binding them to the
retributive justice Of Heaven.
"With these qualifications, We may admit
the same right as invested in the people Of
n hn n rrrffh -,
the General Government, which was exercised
by the people of the United Colonies with ref
eTenee to the supreme head Of the British En-
pire, Of which they formed part; and, under
these iimi atoms, have the people # each
State in the Union right TO secede from the
eOnfsderated Union itself?
"ThuS stands The RIGHT. But the indisso-
luhle link of union between the people Of ths
several States Of this confederate nation is,
after all, not in the right, but IL the hart. II
the day should ever come (msy heaven avert
it) when the affections Of the people OF these
States shall be alienated from e. ,h other: the
frsternal spirit shall give way 10 cold indiffer-
ence, or collision Of interests shall foster into
hatred, the bands Of political association will
not long bold together parties no longer at
iracted by the magnetism Of conciliated inter
ess and kindly sympathics; and far better
will it be for the people Of the disunitei States
to part in friendship from each other, than to
be held together by constraint. Then will be
the tine for revsTting TO the preceden', which
occurred at the formation snd adoption OF the
Constitution, to form again more perfect
Union, by cissolvBg that viii b could no
longer bind, and TO leave the separated parts
to be reunited by the law Of political gravita-
ton, to the center"
am compelled 10 refer also for the purpose
Of completing my argument to the very famil-
lar Virginia and Kentucky resolutions. They
cannot, however, be too often repeated OF held
too reverently in memory. The first drawn BY
Mr.. jefferson is:
"Rssolusd, That the several States compos-
ing The United States Of America are not
united on The principle Of unlimited submis-
sion to their General Government; but that,
by compact, under the style and title Of Con-
stitution for the United States, and Of amend
ments thereto, they constituted General
6oveTnment for special purposes, delegated
to that Government certain definite powers,
reserving each State 10 itself the resdGary
mass Of right 10 their own self-government
and that whensoeyer the General Government
assumes undelegated powers its acts are unau-
thorltstiye, void, and Of no force: that to This
compact each State accsded as a State, and is
an integral party; that this Government,
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