Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-05-15

| who, but few years ago, were the mos
clamorOus advocates for the rights of tn
States, supporting this and kindred meas
ures, calculated to subvert the rights of thu
States.
Hon. Henry Wilson. in speech delivered
in the Senate Of the United States, ntht
23d Of February, 1855, declared
81 recognize the Democratic doctrine Of Sta
rights, in its application to slavery rs well az tn Othe
| local affairs ami while have n seat in this Cham
her shall resist all attempts TO enc Oach upon tn'
reserved rights of the sovereign states of the Union
will stand side by SIDE with my Democrats friend
| in vndicaton ,f the Virginia and keatuckV resou
tions Of l79S and l700 which they ndorsed at Balu
mora in 1852" .r
How emphatic he is in the declaration
that he would "resist all attempts to en-
crOach upon the reserved rights Of the 500
ereigR States of the Union.' ..
But Mr.. Wade, in speech delivered al
the second session of the Thirty third Con
gress, was quite as clear and distinct in hi
utterances in behalf of the rights OF thu
States:
"There are some Senators who profess a great re
gard for the rights of the States am one Of tnost
who have quite ~ much regard for the rights OF The
States as some who make louder professions on tht
ubject than do. am one Of th2,e who. n1t on!
when election is pending butatal times, bette0e n
tho 10isdOm, tie cOnStitatiOndLity md the prODrietL
Of the Virginia 'esoL"tions OF 1913 d"d 1893.
ground self upon those resolutions and, standing
| upon them, ! denOunce this bill as a violation, mol
only Of the spirit of those resolutions hut ns an at
tempt TO rampe upon the rights Of the States and
deprive them OF the power to protect their own cit
| zens from aggression and abuse. DO gentlemen
| suppose that the States now awakened To Il keen
Of their rights and the danger of cpnsoli1atOn
will ever submit to guch d bill rs this? tell you
nay"
"Who is to be the judge in the last resort of the
violation of the Constitution Of the United states by
| the enactment Of law? Who is the final arbitcri
| The General Government or tie States IN Meir 500.
ereigntW Why sir to yield that point Is tp yield up
all the rightscf the States to protect their own cti-
zens, and to consolidate this Government into mis-
erable despOtism. tell you sir, Whatever you may
think Of IT, if this bill pass, collisions will arise be-
tween the Federal and State juri dictOns-conticts
| more dangerous than all the wOrdy wars which are
got up in COngress-cOHficts in lrhich the 81 Ies lcL
HeDer gisii for the you undertake ~ load them
with like this, the greater will be their resist
congressional Globe, AppsndiS. pp ll3, PA.
You see that he carries his views of State
rights to their most extreme verge, and
speaks OF the States ''in their SOUereigHtg'
But. sir, there was a celebrated meeting
held at Cleveland, Ohio, by distinguished
Republicans of that State, in May, 1853.
which was addressed by Mr.. Chase, then
other resolutions, the following was adopt
ed:
a. That tho several States composing the United
StAteS o America are not united ON the principle nt
URt1nitsd submission tO their General Government
but that by impact, under the style and title of a
Constitution for toe Unitet states, aud of amend
nents thereto, they constituted General Govern
ment for special purposes, delegated to that Gov
ment certain definite powers reseryng, eacn State
to itself, the residuary mass OF right To- their own
self-g Ivcrnment: and that whensoever tha General
Government assumes undelegated powers ITS acts are
un4uthoritatiye, void, and Of no force, and being
void, can derive no validity from mere Judicial in
depreciation that to this compact each State az
ceded as ftLte AMI is nm integral party; that this
& GIvernment created by this compact Uds not mule
tie eoclusi1e fadt jHige Of tie eeteat Of tn powers
deegate1 to itself, since that would have male its
discretion ami not the Constitution, the measure of
its powers but that as in all other eases of compact
among parties having no mmon Judge, icA Plrty
has eltdI right To j1gs Tor iseif as 3CtH or IN
rdcti0aS dSot tile n,Odes dhd measures Of redress.
Sir, here the Republicans who adopted
this resolution have indOrsed the most eX-
treme doctrines; doctrines on which it is
charged the South based their recent rebel
lion.
| know that it has been announced in the
Senate, by a friend of the Chief Justice, that
although he did make speech at the Cleve-
land meeting which passed this resolution
yet that he was not aware OF the fact that
such resolution had been adopted.
But find in a Cleveland paper an eX-
tract from a letter reported to have been
written, short time before the Cleveland
meeting, by Mr.. Chase. in response to an in
vitafiOn to join in meeting at Boston, to
celebrate the birthday of Thomas JeifersOn
which | will read:
And how large the debt we owe him on other
grounds; for his lessons of conf lence in the masses
of the people; Of just regard in legislation and adj
mnistratOn to all home interests, aud Of the wise
lbenlty toward emigtants from other lands seeking
free and honorable homes in ours tor his warnings
against eXtravagance in Cove -nmcnt exp snditure
and its inevitable concOmtantS, oppressive taxation
and debt; dgdiRstHe SUrrender or COM promise of
tie rights OF the NtdtsS' against TIE ccRtrdiisiqg
tendencies, so dangerous TO liberty, Of FsderH po-
er; aud last but by no means ca.t against the ST.
eut and because silent, perOus encroAc bments
of Federal judiciary, perverted from its noble unc-
tion Of administering Justice int aconvene ent means
for the SubyersiOn OF state 8OUereigRy and the de-
structOn of the most sacred guarantees Of personal
freedom"
1t is possible that some political friend of
the Chiet Justice may be able also to put in
a disclaimer about this letter. know no
more about it than what find in the paper
from which it has been read. But, sir. dur
ing this same period, and while Mr.. Chase
was the Governor of the State of Ohio, the
celebrated cases of er pGrte Bushnell and
eG pdrte ,Langston were argued and decided
in the Supreme Court of that Stale, and the
same doctrines which are declared in the
Cleveland resolution, were argued at great
length, and with much ability, by the then
Attorney General OF OniO, Mr.. Wocott,
leading Republican, and afterwards Assist
ant Secretary of War under Mr.. LinColn's
Administration, and his extreme views of
the reserved powers of the States, were sns-
tanned by two of the judges of that court,
Judges Brinkerhof and Sutliff both of
w hpnl yUpra RnpuhlinonS In tInt
he said:
But then it is said that the courts Of the United
States are supreme within their sphere; all agree tn
that; but what then? so also are the State courts
supreme within their sphere and the same argument
which proves that the Federal courts have right to
determine the eAtent Of their jurisdiction aud in
pose that determination State courts proves
equally, that the State courts have SO the right TO
determine the extent Of their jurisdiction and CON
clude the Federal courts in that determination"
But again, he says: ........ .... ....
Amy nation which has wholly surrendered the
allegiance of its citizens its correave incidental
right to protect them while within its territorial
limits has in that very act abnegata ed every attribute
of sovereignty and become the mere local dependen-
cV of the power to which that allegiance and right
Ohio is still soVereiSn STATE, and has therefore
never yielded this right, as she never could yield it.
any other GOvernmet." .... ......
Further on, in the same argument, in
speaking of the powers of the Federal Gov
ernment, he says:
1.-THE powers granted being granted by indepea-
dent SOUerei0RteS it not only follows a. the result
of all Just reasoning that all powers not granted aee
withheld 'D''N
Judge Brinkerhoff, q distinguished MEM
Der OF the Republican party,7in delivering
his dissenting opinion in these cases, uses
the following language:
" | know no way other than through the action of
tho State GOYernmenis. in which the reserMed rahs