Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1865-09-06
(Communealed)
Northern estate Sovereignty
Men.
No. Ill.

ltuuhnI WlGhtuutth huu mas US huNO-
Gates in the North-Dayton Journal, Sep
tember 2.
The two conflicting theories of our govern
ment are concisely expressed in the Nulli6
cation Resolutions introduced into the Senate
of the United States in 1893 by Calhoun, ntd
the resolutions presented by Webster in tho
discussion which followed.
Calhouus first resolution asserted that
people Of the States were united, not BY the
social compact but as parties to constitutional
compact. The second, that the people "de-
legated to the general government certain
definite powers, to be exercised jointly, re.
serving at the seine time, each State to tself,
the residuary mass Of powers, to be exercised
by its own separate government; and that
whenever the general Government assumes
the exercise of powers not delegated by tho
compact, its acts are unauthorized and are of
no effect, aud that the same government is
not made the inal Judge of the powers dele
gated TO it, since that would make its discre-
tion, and not the constitution, the measure
OF its powers; but that, as in all other cases
Of compact among sovereign parties, without
any common Judge, each has an equal right
to judge for Itself as VeH Of the infraction
as of the mode and measure Of redress"
In the third resolution Calhoun said among
other things that the assertion that "tbe
) States hare not the right ofJudging in the
: last resort as to the extent Of the powers re.
4 served, and, Of consequence, Of those dele
gated; is not only without foundation in truth,
but is contrary to the most certain and plain
> historical facts and the clearest deductions
of reason
9 Webster in his opposing series of resolu-
0 tons set forth the old fedel al theory, by AZ,
), serting, first, "that the Constitution of the
: United States is not league, confederacy or
r compact between the people Of the sovereign
States" Second, that secession is revolution,
=, and not reserved right except in that gen
eral sense Third, "tbat there is q supreme
law consisting of the Constitution OF the Uni
}, ted States acts OF Congress passed in pursuance
y OF it, and treaties; and that in cases not capa
8 BILE OF assuming the character of a suit Al
.
finally interpret, this supreme law, so otter
1 as it has occasion to pass acts Of Legislation
~ and in cases assuming the character OF q sui
the Supreme Court OF the United States is IT.,
final interpreter" Fourth, that an attsmp
= made by State to nullify an act of Congress
Il or to arrest its operation within her limits or
1t the ground that, IN her opinion, the law il
of unconstitutional, is usurpation on the,par
a Of the State, violation Of the Constitution
I. and proceeding essentially revolutionar,
10 its character and tendency" l give thes
resolutions here that the reader may observt
how our Republican judges and Attorne.
General in the following instance .repudiate,
'I Webster and adhered 10 Calhoun.
- In the case of Bushnell and Langston, be
1t fore referred to- Attorney General Wolcot
IS urged the Supreme Court of the State Of Ohio
d ito nullify an act of Congress" and to 'arres
. its operations within the limits" of our State
Sutf and Jacob rinkerhof-republica
iudges--gave their voices in court 10 favor G
~ so doing. Both planted themselves squarel
upon the platform of Calhoun, and Brinker
hoff asserts in his opinion that he understoo
that the judges who differed with him, (Swar
~ Scott, and Peck) did so only because they RI
u garded the legal points in the case as havin
al been settled by former adjudicatiops. In thei
1t views of the natare Of the constitutional CON
a. pact they intimate in their published opinion
On but very slight differences if indeed there
any stated at all.
Vi Without attempting to follow the argumer
H. OF Mr. Wolcot, we quote the following e1
n tracts, which will give to the reader an inte
I'd ligent idea of the propositions he maintained
N. "The first and chief characteristic of a
on sovereignty is its right to the allegiance an
." service OF its citizens. Any natio
,s. which has wholly surrendered the allegiance
of of its citizens its correlatye right TO protet
them while within it's territorial lmitst has i
that act Abrogated every attribute OF sove
nd eighty, and become mere local depenienc
r. of the power to which that allegiance and rigi
IL have been surrendered. But Ohio, than
ere God, is still sovereign State, and hes neyt
Wis yielded this right to the federal or any othG
n government"
The "From this undeniaby correct view of th
aer nature of the Constitution, it follows that q
to oil powers not expressly delegated to th
United States, or expressly prohibited to tn
nd States, or the exercise of which has not bee
the regulated by any Of the clauses Of compac
cir each State has the complete, exclusive, nj
,us limited and undeniahle jurisdiction and powC
The over all persons and things within its limit
IAN to the same upreme extent which has eve