The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1866-02-17


II is ono of the opening clauses of tn.
Bill of Rights, and is as follows " We
the delegates of the people of the Stat,
of New York, do declare and make known
that all power is originally vested in, anC
consequently derived from the people
and that Government is instituted BIZ
them for their common interest. protcc
Etion and security That the powers oi
Government may be reassumed bv the
Ipeoplc. whensocrer it shall become nee.
essary to their happiness" This settles
the question that New York, so far from
admitting any right of coercion to the
General Government, expressly provided
upon entering the Union, that she Nigh,
withdraw from it, or that $ the powers OF
Government may be reassumed by the
people, when it shall become necessary to
their happiness. '*
Now, what says Pennsylvania on this
question As has been already stated
the proceedings Of. the Convention of this
State that have been preserved are only
fragmentary. and give view Of only one
side of the debate; but as this side was
the prevailing one and in favor of the
Constitution, it is sufficient to decide this
point. Accordingly we find (Ell. Deb. Z.
3. p. 235) that Mr. Wilson expresses the
opinion of the Convention as follows :
The truth is, in our Government the
supreme. absolute, uncomfortable power
remains in the people The consequence
is, the people may change the Constitu-
ION whenever ami however they please.
This is right of which no positive insti-
tuition can ever deprive them. These i'm
pertant truths, sir, are far from being
speculative; we at this moment speak and
deliberate under their Immediate and be-
nign influence To the operations of
these truths we are to ascribe the scene.
hitherto unparalleled, which America
now exhibits to the world-a gentle. a
peaceful, a voluntary and a deliberate
transition from one constitution of gov-
ernment to another" Thus Pennsyiva-
MAS stand is taken by the side of her
sister States in favor of the right to
alter or g abolish the Government
| they were forming, should they ever think
it necessary to do SO, and consequently in
opposition to any right of coercion being
invested In the Federal head Some OBJ
Ijector may here say, !. this is all correct
the argument is good enough-the
people undoubtedly have the right to
change the Constitution. but only in the
way prescribed Jy the Constitution. The
arguments given refer only to that meth
cd" The answer to this is simple: the
t6et is not so. Suppose for a moment
such councils had prevailed at the time of
these Conventions, would the present
formed? Undoubtedly not for at that
time the Articles of Confederation wrre
the organic law of the land rs much so
as the Constitution is now, and they pre-
vided expressly that no change should be
made in them without the unanimous
consent of all the States" Now. it is
we'll known that the present system was
NOT formed by the unanimous consent Of
all the States. since one State refused
even to send delegates TO the Convention
at Philadelphia, and remained out of the
Union as an independent sovereignty for
"a long time after the Government had
gone into operation. Thus the whole act
was an extra Constitutional enc, and the
arguments supporting it cannot refer to
& Constitutional methods of change. 1t
is highly probable that had such councils
as that of the supposed ohjector prevailed
at the time the Philadelphia Convention
was proposed. the parties proposing it
would have been imprisoned. and the
present q best Government the world
ever saw have been crushed in the egg.
Rhode Island also wheels into line on
this question with the other State. What
her opinions were may be gathered from
the numerous amendments adopted BY her
Convention, to be proposed by Congress
to the other States. One will suffice to
prove her position as conclusively as if
volumes were written upon the subject.
It is contained in the third section of the
Bill of Rights incorporated into her rati-
fcation, and is identical with the dealara-
ton in the New York Bill of Rights be-
fore given. In itshe declares and makes
known That the powers of government
may be re-assumed by the people, when
soever it shall become necessary to their
happiness. Thus her station is fixed.
We have seen the position taken on this
subject by the Northern section what
was that of the Southern ? Identically
the same.
In the Virginia Convention, Mr. Cor
bin, speaking Of the troubles consequent
upon States neglecting to furnish their.
quotas under the old Confederation, said,
> What is to be done? Compel the de-
linqueat States to pay acquisitions to Con-
gress How arc they to be compelled? !?
By the instrumentality of such a scheme
as was proposed to be introduced in the
year 17S4?. (Alluding to motion
made e sls sss..s year 70 enable Congress to
compel the delinquent BY means of an
armed force. Is this cruel mode of
compuasion eligible? Is it cons stent
With the spirit Of Republicanism? This
savage mode which could be made use of
under the Confederation, leads directly to
civil war and destruction How different
is this from the genius of the proposed
Constitution Again, Colonel Henry
Lee of EEestmoreland, in answer to Pat
rick Henry, who opposed the adoption of
the Constitution most vehemently because
he thought it formed a consolidated, CO.
ercive Government, said, q But, said he,
:, the President viii enslave you, Con-
gress trample on your liberties. few reg