Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-06-07
Letter from George ricknor CARTS.

GEORGE TICKNoR CURTIS, ESQ., of New
York, one Of the most eminent constitu-
tional lawyers in the country, responded to
the invitation of the CLAY Statue commit
tee to be present at Louisville on Thursday
week, in letter which we would be glad
to reproduce entire in our columns. 1t is
replete with sound and wholesome views
4thatit would be well if everygman in the
nation could ponder and digest. After ap-
propriately referring to Mr.. CLAY and his
great compeer, WEBSTER, who was the tu-
tor of MIR. CURTIS, the letter says:
We seem to have lost the sense of the
| binding obligation of fundamental law.
The country is no longer governed by, or
according to q written constitution. 1t is
governed by the will of a political party,
acting without reference to the Conssitu-
| tuition, and as it sees fit to act. The con-
sequence of all this, that the relation of the
Federal Government to the sovernignties
l'of the States are completely reversed. At
no former period of our history has it ever
been imagined that the Federal power
could dictate to a State who shall or
who shall not constitute part of the SOW
ereign people of each State to determine
who shall exercise the elective franchise
within such State, and he who asserts or
represents that it is otherwise deludes and
Edecelyes those whom he can persuade to be-
| lieve him. 1t is, too, an undeniable prin-
ciple four constitutional law that the
question of what changes shall be made in
the existing Constitution of State, so as
to admit to the elective franchise persons
not at present included in it, rests entire
| ly with those who constitute the voting
| sovereign people under the existing Con-
stituticn.z 7-r --e-- 7----fe.-s.a
Yet, in sheer violation of these unques-
ftionable truths, the Federal Government
sends into The State military force en-
powered to sweep away their existing con-
stitutions, to subvert the sovereignty of
their people, and to summon to the polls in
| the act of making new constitution
| whomsoever Congress sees fit to designate
for that purpose. We have thus entered
upon the career of founding State govern
| ments upon force-upon external force.
This stupendOus precedent cannot be with
oltlasting, corresponding results. 1t marks
the overthrow of the last barrier to COM
plete consolidation; for, if the existence of
u supposed necessity or eXpediency, to be
| judged of by present majority of Con-
gress, can furnish reason to-day for sub
vertiDg the sovereignty of a State by force,
it can furnish just as good a reason here
after for the exercise of the same force to
the same end. The party administering
the Federal Government has only to will
that new State Government shall be
founded on the suffrages of those who are
not voters blythe fundamental law of the
State, and the thing is done by the irresist-
ible and overwhelming force which the
Federal Government Wields.
|
sit is not true that the normal relations
of those States to the Federal government
could not have been reinstated with tear
ing up the foundations of their law. 1t is
not true that in order to recognize them as
States of this Union, it was necessary to
place upon them the heal of military con-
quest, and to stamp out their very exist
ence as free, self-gOverning and sovereign
American States. For every act of need
less arbitrary power that men can do, there
is aretribution and nations are no more
exempt than individuals from the moral
laws which ordain retribution. 1t will
come when we have come to the loss of d
political system which has been our glory,
our safety, our happiness, our best, our sole
safeguard against the establishment of des-
potic power. '....' 49,. .'s
We commend this extract to the editor
of the Journal, who denies that his party
ever violated a single right properly be-
longing to the States.