The weekly Butte record., 1867-10-19

that it will not now or ever hereafter cease to op
pose in constitutional manner, every attempt, at
what quarter SO ever offered, to violate that COM
pact"
Here, then, We have the whole construction, in
tent and meaning Of the famous Kentucky resolu-
tons. They were peaceful protest against the
exerciSe of unwarranted powers by the General
Government, served the purpose that called them
into existence, (the repeal of the Alien and Sedi-
ton Laws and passed to the tomb of all the Capu-
LETS. That Kentucky never put secession con-
struction upon those resolutions. is evidenced by
the fact that she never did secede, and never by
legislative act claimed the right to do so.
Chief Justice Marshall, Of Virginia in speaking
of the right Of State upon its own voliton to go
olt of the Union in the case of Cohan VS.. Virginia
said:
1T is very true. that whenever hostility to the
existing system shall become universal. it will also
be irresistible. The people made the Constitution
and the people can unmake it. 1t Is the creature
of their will, and lives only by their will. But this
supreme and irresistible power TO make and IN
make resides only in the whole body OF the peoples
not in any subdivision of them. The attempt of
any of the parts to exercise it is usurpaton, and
ought to be repelled by those to whom the people
have delegated their power OF repeilng it,
Whecton's Report, vol. 6, p. 5s9.
Now word to the adoption of the resolu-
tions by the several States. The last issue of the
Butte County Press saws:
"We stand upon the platform of principles adop-
ted and re affirmed by the Democracy of the Uni
ted States in every Presidential election since 1900
particularly the platform adopted by the National
Democratic Convention at Cincinnati, which had
for its foundation the Virginia ana Kentucky reso-
iutioas.'
The Virginia and Kentucky Resolutions were not
adopted as National Demosratic Platform until
1856, and were not then adopted with the secession
construction since put upon them. They had been
sent to the different States after their adoption by
Virginia and Kentucky, and Mr.. Benjamin, of Lou
isian said in the Senate of the United States, De-
cember 81 1860, that "they were answered general
ly with contempt and disdain,' and "were returned
in many cases with contempt and eontumely.
What then becomes of the assertion that the have
constituted the National Democratic platform since
1900. Is it not false and infamous:
By placing secession construction upon them
they would have undoubtedly served as platform
for the Calhoun school of politicians. and that is
all. The attempt in 1889. to make The dead pat
riot. Thomas Jefferson, the father of the Cal
houn doctrine of nulliteation-aad secession is
only notification with its brains knocked out-was
repudiated most emphaticaly by an abundance of
authority. He counseled the resolutions of the
Virginia Assembly, and the word nulfy, or nulliii
cation is not in them, or any equivalent word; he
drew the Kentucky resolg tons OF 1913. and they
are equally destitute of the same phrases. He had
nothing to do with the Kentucky resolutions OF
799, in which the word "nullificaion," and the
"rightful' remedy is found, and upon which the
South Carolina School relied their main argu-
ment, and from which their doctrine took its
He had nothing to do with it and so wrote in a let
ter to William C. Cabell shortly before his death.
This letter is in vou me 3. page 529 of his published
correspondence Thus he left enough TO vindcate
himself. without knowing that viadicaton would
be necessary, and without recurring to the argu-
mentative demonstration of the peaceful and con
sttutional remedies which the resolutions that he
did write alone contemplated. The State of Yir
giua too at this period, came TO the rescue Of Mr.
Jeersons assaiied integrity and by its legislature
passed resolves repulsing the imputation, and de
claring that there was nothing in the Virginia res
olutions of $3.50, to sappoft South Carolina III her
doctrine OF nuhication. These testimonies alb
solve Mr.. Jefferson from the construction since
sought to be put upon these resolutions. The fol-
lowing letter from Mr.. Madison, author OF the Vir-
viewed them:
MONTPELIER, Dec %, 1892.
DEAR SIR: have received yours of the 10Th,
inclosing some South Carolina papers. There are
in one of them some interesting views of the doc
trine of secession. among which one that had oc-
CURED to me, and which for the first time have
seen in print namely that if one State at will
withdraw from the others, the Others can withdraw
from her and turn her. noientem roientem, out of
the Union.
Until # late there is not State that would
have abhorred such doctrine more than South
Carolina, or more dreaded an application of it II
herself. The same may be said of the doctrine OF
nullifcation, which she breaches as the only
doctrine by which the Union can be saved
- partake of the wonder that the men you name
should view secession in the light mentioned. The
essential difference between a free Government and
n Government not free is that the former is found
ed in compact. the parties to which are mutually
and equally bound by it. Neither of them, there
fore. can have greater right to break off from the
bargain than the other or others have to hold him
II it and certainly there is nothing in the Virginia
resolutions OF l19S adverse to this principle, which
is that of common sense and common justice.
The fallacy which draws a different conclusion
from them lies in confoundiug single party with
the parties 10 tne COu>uthliOudt ol Tue Y.
SttaeS. The latter. having made the compact, may
do what they will with il. The former. as one of th
parties owes fidelity to it till released by consent or
ahsolved by intolerable abuse of the power
created In the Virginia resolutions and report the
plural number (States) Is in every instance used
whenever reference is made To the authority which
presided over the Government.
AS am now known to have drawn those docu-
ments | may say. as | do with a distinct recollec-
ton that it was intentional. 1t was in fact requr
ed by the course Of reasoning employed en- the oc-
casion. The Kentucky resolutions, being less
guarded. have been more easily perverted. The
pretex for the liberty taken with those of Virginia
is the word respective prefxed to the rights
&c" TO be secured within the States. Could the
abuse of the expression have been foreseen or sIs-
pectei, the form of it would doubtless have been
varied. But what can be more consistent with
common sense than that all having the rights &c,
should unite in eonten3ing for the security of them
to eachs
1t is remarkable how closely the nullifers. who
make the name of Mr. jefferson the pedestal for
their colossal heresy shut their eyes and lips when
ever his authority is ever 50 clearly and emphatl
cally against them. You have noticed what he
saws in his letters 10 Monroe and Darlington Opp.
IS aud a0S. vol y with respect 10 the power of the
old Congress TO coerce delinquent States and his
reason fer preferring for the purpose naval to .
military force and. moreover, his remark tina. it
was not necessary to find right 10 coerce in the
Federal articles, that being inherent in the nature
OF compact Ii is high time that the claim TO Sc
cede at viii should be pat down by the public opiu-
ion. and am glad to see the task commenced by
one who understands the subject.
al know nothing Of whs, is passing at Rich
moni more than what is seen in the newspapers.
You were right in Your foresight of the effect of