Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1867-05-08

man for attempting to execute them wllnlI M :
her borders Madison, one of the promlnensl
trainers of the Constitution and one OF tnf
three writers of the Federalist, drew, in'cons;
sultation with Mr.. Jefferson, the famous reso
lutions of that Legislature, and the Report 9
l798, which for lucid style and logical preet
sion has never been surpassed by any State
paper in America. These we're adopted ane
were made the cardinal doctrines of the DEM
ocratic or Republican party for forty-three
wears. Upon these resolutions and report
and the doctrines avowed, the great contest
between Jefferson and Adams turned, ~
which the American people as whole deci.
ded in favor of them, and affirmed that de,
cision by the election to the Presidency Of
Mr.. Jefferson by an overwhelming majority
These resolutions and report, which hentucAy
also passed, affirmed that the States had !,
right to Judge of infractions of the tederal
| Compact or the Constitution, and OF tine
mode and measure Of redress" This was
the first great practical decision OF the people,
ON the true nature of the Constitution and Of
the rights and powers of the States. The
Conventions of the National Democratic par
! ty at different times, and particularly at the
Baltimore Convention in 1874, re.enacted
those express resolutions, and made them
the cardinal faith Of that party; SO again az
the Democratic Convention in Cinclrnati.
1856. Then after this the State of Georgia
was sued before the United States Court, and
she denied the jurisdiction of the Court, on
the ground that no State could be sued, be-
eau e she was sovereign and independent, and
could not be made defendant before any
tribunal. But notwithstanding judgment
went against her. she took an appeal in the
nature of proposed amendment to the Con.
stitution. which declared that no State could
he sued. This amendment was adopted by
more than three fourtbs Of the States, and is
now actually part of the Constitution. This
then was decision by the States separately,
affirming tho same doctrines and principles as
were announced in the resolutions OF Tvs.
So we have the decision OF the American
people as people, and the decision OF the
States as States. affirming the same construc
ton of the compact. Then the first charter
of United States Bank, passed by Congress,
affirmed the power of the Government to es-
tablish Branch in any State, and tie Ohio
legislature denied this right, and declared it
unconstitutional, null and void, and no Branch
was established in that State. Then IN 1914
the New England States met at Hartford In
Convention, and declared that the Govern
ment had mo right to move the troops, called
for in the war, beyond the boundaries of the
States to which they belonged. They further
use this languages :! Thepower of compelling
the militia end other citizens OF the pnitad
States by draft or CONSUMPTION to serve in the
regular armies, as proposed in o late official
letter. of the Secretary of Wav, is not dele.l
gated.to Congress by the Constitution. end
I6e exercise Of it would be not less dangerous
to their liberties than hostile to the sovereign.
ty of the States. In this whole series Of de-
vices and measures for raising men, this Con
yen,ion discern total disregard for the Con-
s,itution, and disposition to Tiolstc its pre-
visions, demanding from the individual statea,
firm and decided opposition" San iron
despotism can impose no harder serVltude
upon the citizen than to force him from his
home and occupation, to wage oppressive
wars, undertaken to crafty the pride or pas
sions of his master" (359 Hartford Conven
ton History.) "That the Acts Of Congress
in violation Of the Constitution, are absolute
" void is an undeniable position. In case of
deliberate. dangerous and palpable infraclions
Of the bonstitaiion, affecting the sovereignty
of n State, and liberties Of The people; it is
not only the right. but the duty of such State
to interpose its authority for their protection,
in the manner best calculated to secure that
end" States which have no common umpire,
mast be their own judges, and execute their
nE Htr
.srtiop, 361.) The twelve delegates ap-
pointed ftol, Massachusetts, 10 this Conven-
ton were not self constituted or from mere
meeting of the people, but were appointed by
the Legislature of the State, with authority
to speak and act for the State. So, likewise,
the ss=sn appointed from Connecticut, and the
four from Rhode Is!and; &c. Iaey interpcsed
during an active foreign war, and Canada
was invaded AID the war fought through iri-
.umphuptly, without the aid or active co-ope-
ration of the New England States. The
powers Of the Constitution and the rights of
the States are defined by the Supreme Court
of the United States, 10Th Peters, 510.) JUS
tice Mclean, delivering the opinion, said:
+" The powers exclusively given to the Federal
Government are limitations upon the State
authorities. But with the exception of these
limitations, the States are supreme; and their
sovereignty can be no more invaded by the
action Of the Federal Government, than the
action action Of ss4s State Governments can arrest
or obstruct the course Of thp nRtional power"
MANY quotations might be made from Chief
Justice fancy, and although no purer or abler
! Judge ever presided over the Jurisprudence of
.ny Court yet his name might not row have
authority ylth those who are in the majority.
Livery Constitution Qf government in these
United States has assumed, as fundamental
principle, the right of the people Of the State
to alter, abolish or modify the form of its
Government according to the sovereign pleas
ure of the people" Story, 4O3.
Mr. William Rawle, L. L. D., an eminent
legal mind 4ua philosophical thinker of Phil
adclphia published g commentary on the
United States Constitution in 1885. This
able work was adopted as a Text Book on the
Constitution at the Military Academy Of the
United States, at West Point, in 1929, and
was the Tegt Book in that Institution 10 1892 !;
made SO by the United States authorities.
The concluding chapter aon the Earmanence
of the Union" is in this language The
Union is an association Of Republics its pre-
sel'vation is calculated to depend on the pre-
servation of this Republic. The people of
each pledge themselves to preserve that form
sf government N all. 1t depends on the
State Itself "a retain or abolish the principle
of representation; because it depends upon
the State itself wheth her it shalr continHe q
member of the Union. The State, then, may
yholly withdraw from the Union. The Sc
eessioB of State from the Union depends on
the viii Of the people of such State. 1t was
known, though it waa Het ayowcd, that
State might withdraw itseif:n the present
distinguished Senator from Ohio, who is at
this time President of the United States Sen.
ate,and of the highest living authority, in
1866, uttered, in debate n,the Senate, the
a!joyirg remarkable sentiments: