The mountain Democrat., 1864-06-25
Judge Parsons on the Nature Of ths
Government.

! Inc opposition Ia the adoption of the
Federal Constitution, says the Mary>villc
Express, was exceedingly powerful in
many OF the States, AID in some instances
II required all the power and ability al
those who favored lis adoption to prevent
IT'S rejection. Among thn>p ho opposed
It werr Patrick Henry of Virginia, Mar.
tin Luther Of Maryland, aud Mr. Yates ol
New York. Some Of the reasons urged
by these gentlemen were funded upon
local causes ; hut Each of ihem were i8
favor Of the old Articles OF Confederation.
with some slight amendments and aS del
cgates. r. fused t. participate in the pro,
cccdingS Of the PHILADELPHIA Convention
the moment any departure WAS made
from them. lm this conflict, every ohirc.
ton that could be made Vas urged with
skill and rI0quence. II was instrumental
in leaving upon the record the opinions Il
many rminent men, whose sentiments M.
Oh the character of the Constitution have
been strangely overlooked We propose
to bring some Of them to light; end we
can commence with no purer or ablrr ia
rist than TheophiluS Parsons of MaS>a.
chuSrtts Judge Parsons was, subsequent
t" the delivery nf tic follow ing remarks.
Ch'rf JUS c of that State, untrmpIed to
leave his Judicial duties Nv even the post
! at Attorney General, offered him by Pres
ilent Washington. As member of thr
Convention, ht advocated the adoption of
the Federal Constitution, and during the
debate replied to AN objection which is
often made to this dAy-that the States
granted AWAY their sovereignty by con
tering on Congress- the power to rai>e
military forces and levy taxes in Other
words. the sword and the purse" He
showed that Congress would have under
this Constitution no new power; that un
der the Articles Of Confederation, wherr
the States were confrSScdv independent
aud sovereign. Congress had the same
power. H. said
" Sir, gentlemen do not distinguish he
tween the Government Of an hereditary
arlSt"cracy, where the interests Of the
/ governors arc very different from those
of the subjects, and Government to he
administered for the common good bv the
servants OF the people, vested with dele
! gated powers by popular elections at
stated periods. The Federal Constitution
! establishes Government Of the las, dc
SCripti0n, aud in this ease the people III
vest themselves of nothing; the Govern
meGt aud powers which the Congress can
admini>tcr, are the mere result Of com
pact madr by the people With each othc',
| for the common defense and general wei
fare. To talk, therefore, Of keeping the
Congress poor. If it means anything, must
mean dcpriving the people themselves
Of their own resources. But if gentlemen
will It'll insist that these pow rs a,e
grant from the people. and consequently
improper, let it then BE observed, that it
is now too late to impede the grant; it is
nlieahv completed; the Congress, under
the Confederation, are invested with it hy
solemn compact they have power, to de-
Inand what moneys and forces they iuls,
| necessary for the cummnn drirnSc and
general welfare - powers aS extensive aS
th">r proposed in this Constitution.
The oath the several legislative, cx.
rcutivc aud judicial officers of the ;, veIa'
States take TO support the Federal Cnn>ti
tuition. is rs ctftctuaI a >ecuritv against
the uSurpaliou OF the General GuIrrL.
mrnt as it is against the rncroarhmrnt
of the State Governments. For an in.
crease Of the powers bY uSurparinn is as
fcluarly Il violation "f the Federal Cun>t
tuition As diminution Of III sc powers bv
private enCroachment; and that the oath
nhligrS the officers of the several States
a| vigorously to oppnSr the one as the
other. But there is another check, found
cd in the nature Of the Union, superior To
all the parchment cheeks that can he ia.
vented. II there should be uSurpat;nn,
/ it will not be on the farmer anil merchant,
employed aud attentive only To their srv
cral ocrnpatinn>; it will br upon thirteen
Legislatures, completely organized. pos
srs~rd Of the confidence Of the pe Pile and
having ia" means, aS well a> inclination,
successfully To oppose it. Under the>"
circumstances, 'nnne hut lnnlmrn wuud
attempt u>urI'atinn. But, sir, the people
themselves have it in their power cifrctu
ally To resist uSurpatiOn, without being
driven to an appeal to arms An act uf
usurpati"n is not obligatory; it is not law;
aud any man may he justified IN his re.
>i>tanrr. Let him be considered as n
criminal hy tn" General Government, vet
only his own fellow citizens can convict
him; they are his jury, aud if they pro-
nO'rncr hn innocent. not all the powers
of Congress can hurt him aud ihnnccnt
they certainly will pronounce him, if the
supposed law he resisted was an act Of
! uSnrpatiOn."