The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1861-01-17

the common agent, was then to be invest
ed with their authority.
If only nine of the thirteen States had
concurred, the other four would have re-
maincd as they then were-seperate SOW
eregn States, Independent of any of the
provisions of the Constitution. In fact,
two of the States did not accedc to the
Constitution until long after it had gone
into operation among the other eleven;
and during that interval, they each eXcr-
cised the functions of an independent ma
ton.
BY this Constitution, certain duties were
charged on the several States, and the cX-
ercise ofcertain oftheir powers restrained,
which necessarily implied their continued
existence as sovereign States. But; to re-
move all doubt, an amendment. was adj
dcd, which declared that the powers not
delegated to the United States by the
Constitution, nor prohibited by it to the
States, are reserved to the States rcspec-
lively, or to the people. On 23d May.
1888, South Carolina, by a Convention OF
her people, passed anOrdinance asserting
to this Constitution, and afterwards alter
ed her own Constitution, to conform her
self to Il e obligations she had under
taken.
Thus was established. by compact be-
tween the States, a Government with de-
fined objects and powers, limited TO the
express of the grant, and to 50 much more
only as was necessary to cXccutethc pow
er granted This Limitation left the Whole
ramaining mass of power subject to the
clause deserving it to the people, and rem
dercd unnecessary any specification of re-
served rights. We hold that the Govern
ment thus established is subject to thctwo
principles asserted in the Declaration of
Independence; and we hold further, that
the mode of It's formation subjects it to Il
third fundamental principle, namely: the
law of compact We maintain that in
every compact between two or more par
ties the obligation mutual that the failure
Of one Of the contracting parties to per-
form material part of the agreement en-
tircly releases the other, and that where
no arbter is provided each party is re-
mitted to his own judgement to determine
the fact Of failure, with all its consequcn-
ccs.
In the present case, the fact is cstab-
lishcd with certainty. We assert that 10
of the States have deliberately refused for
years past to fulfill their constitutional OBJ
legations, and we refer to their own stat
utes for the proof.
The Constitution of the United States,
in its 4th Article, provides as follows:
"No person held to service or labor III
one State under the laws thereof escaping
into another, shall, in consequence Of any
law or regulation therein, be discharged
from such service or labor, but shall be
delivered up, on claim Of the party to
whom such service or labor may be
due"
This stipulation was senatorial to the
compact, that without it that compact
would not have been made The greater
number of the contracting parties held
slaves. and the State Of Virginia had pre-
viously declared her estimate Of its value
by making it the condition of her cesson
of the territory which now composcs the
States North of the Ohio river
The same article of, the Constitution
stipulatcs also for rendition by the several
States Of fugtivcs from justice from the
other States.
The General Government as the COM
mon agent, passed laws to carry into effect
these stipulatons Of the States. For
many years these laws were executed.
But an increasing hostility on the part Of
the Northern States to the institution Of
slavery has led to disregard Of their OBJ
legations, and thclaws of tie General Gov
crnmcnt have ceased to elect the objects
of the Constitution. The States of Maine.
New Hampshire, Vermont, Massachusetts,
Connecticut, Rhode Island, New York
Pennsylvania Illinois, Indiana, Ohio, Mich
inan Wisconsin, and Iowa: have enacted
laws which either nulliiy- the Acts Of Con-
ercss, or render useless any attempt to
execute them. In many OF these Statcs
the fugitive is discharged from the senN- ice
or labor claimed, and in none OF them has
the State Government complied with the