Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-05-18

erdi OoFeIuuien1 1or special purposes, del
Il egated to that Government certain definite
i powers, reserving, each State to itself. the
lresiduary mass OF right to their self-goy-
Iernment; and that wherein the General
Government assumes undelegated powers.
its acts are unauthoritative, void. and
of no force; that to this compact each State
acceded as State, and is an integral mar
ty, its co-States forming, as to itself, the
other party; that the Government created
by the compact was not made the exclusive
or final judge of the extent of the power
i delegated to itself, since that would have
made its discretion, and not the Constitu-
tion, the measure of its powers; and that,
as in all other, cases of compact among
powers, having no common judge, each
party has an equal right to judge for itself,
as well OF infractions as the mode and meas
| urp of redress.
The question being on agreeing to this
/ last proposition.
Mr.. HUTCHINSON said the amendment
he offered was not his production. 1t was
the first resolution in what is known as the
"kentucky Resolutions" Its author was
Thomas Jefferson, the father of the Amer
ican Democracy. 1t was drawn up at a
time when the Federalists were striving for
a strong consolidated central government.
Mr.. II. described the manner of the adop-
tion of the Kentucky resolutions and mar
rated their history. 1t was now time for
old time honOred Democratic doctrine en-
bodied in the Kentucky resolutions. That
doctrine was that the people must be de-
pended upon to vindicate their own rights
and the reserved rights of the States.
In his (Mr. H.'s) opinion, the true way
of preserving our institutions was not to
depend upon this or that department of the
Government, but the people must erect their
own barriers against the encroachments
of tyranny. Protests amounted to little or
nothing. The resolutions under considera i
tion amounted to scarcely anything, with
out the assertion of the true doctrine in re
gard to the rights of the States. Mr.. Fl.
argued that ours is not nation, but a con-
federation of sovereign and independent
States. If it was the former, the late war
on the Southern States was justitiable. but
otherwise, it was not justitiable.
Mr.. I'll. referred to the Declaration of In
dependence. as showing that it was made
by the separate States, naming them. So
the treaty at the close of the war of the
revolution, with Great Britain, was made
by the separate free and independent States.
By the same States as such the Confeder-
acy under the articles of Confederation was
formed. SO by che same States, acting in
their free sovereign capacity, the present
Constitution of the United States was form.
ed.
Mr.. II. referred to facts in our political
that of a nationality, but that of Confed-
eracy- The provision of the Constitution
was that when ratified by nine States, it
should be binding between the States so
ratifying the same. This was Inconsistent
with the idea of a nationality, and Mr.. 81.
would rest his whole argument upon this
single provision.
Mr.. H. proceeded to demonstrate that the
relation of a State to the Union was not like
that of county to State. 1t did not take
a certain number of counties to ratify the
Constitution of State, but three -fourths
of the States could ratify and give effect to
the Federal Constitution as between them
selves. Virginia, New York and Rhode
Island declared in their resolutions ratifying
the Constitution, that when the Govern
ment became destructive of the ends for
which it was instituted, they would revoke
their ratification, and resume their separate
State independence. What was good tor
those States then, was good for other States
in 1861, and was good for Ohio now.
Mr. HUTCHESON continued, in a
speech of considerable length, by argu-
ments, illustrations and facts drawn from
the history of our own and foreign coun-
tries, and by reading extracts from Vattei
on public law, to enforce and apply the
doctrine enunciated in the resolution he
had offered. He closed with an eloquent
peroration, eliciting burst of applause
only quieGed by the Presi lent's mace. in
favor of maintaining at all hazards the
union of States as originally formed, and
preserving, in all their integrity, the great
bulwarks of constitutional liberty.
MIR. EVERETT thanked the Senator for
his eloquent and candid exposition of one
side of the question, and for his manly de-
fense OF treason, traitors and slavery. He
took issue with the Senator on the doctrine
that each State had the right to judge for
itself of the infractions of the Constitution,
and of the mode and measure of redress.
He held that paramount allegiance was due
to the Federal Government, and that no
State had the right to withdraw from its
control.
Mr.. E. pictured at length the results of
the war which had been produced by the
Pandora's box of State Sovereignty. That
doctrine having been put down in con-
fiict of arms, it ought to be forever buried
If another rebellion should come, it would
be doubtless due to the same fallacy. He
would appeal to Senators and to the Ameri-
can people never to utter such a thing as
state Sovereignty within the bounds of
this Union. This thing must be stopped
before it sinks deeper into the hearts of the
people, and produces another rebellion.
He would raise his voice against such doc
trine, and do what he could to save the
country from its baleful effects.
After illustrating his position by refer
ence at some length to South Carolina null
lihcation. Mr.. E. traced all the trials, perils
and disasters through which our Govern
ment has passed, to this same doctrine-to
the theory tnat we have in reality no CEN
tral head. This was the theory that in
duced the Southern States to secede and
rebel.
Mr.. YEOMAN then spoke substantially
as follows:
Mr.. PRESIDENT: shall vote no upon the
amendment to the resolutions offered by
the member from Franklin, because the
disorganizipg theories contained in these
resolutions are revolutionary and mischiev-
Gus in their character Sir, there is not a
single political principle in them that in
dorse or believe to be at all practical as n
means whereby either to preserve or per-
petuate this Government. l refer you to
my political creed as explained by Madison,
one of the fathers of the Constitution His
declarations that this is nation of people
and not confederation of States is suffi-
cient for me. With that as cardinal and
fundamental principle established as such
by the results OF the war, l have no hesi-
fancy in predicting great and glorious
future tor our people and the nation. l am
not oppressed by any tears that the people
will ever surrender their true constitution
al liberties, but will ever maintain and de-
fend their liberties and rights, let their de-
fense cost what they may. .-.
On motion of Mr.. DICKEY, the Senate.
at six o'clock, took a recess till eight
O'Clock in the evening.
@ EVENING SESSION.
Mr.. LAWRENCE, President pro tenn,
called the Senate to order at eight o'clock.
INDEFINITE. PosTPoNEMENT.
On motion of MIR. CARTER, the Senate
joint resolution relative to the appointment
of commission to codify the railroad laws,
was, with the pending House amendment
to the same, indefinitely postponed.
SANDY AND BEAVER CANAL.
Mr.. r.ONDERDONK, from the committee
on Public Works, reported back House
Joint resolutions relative to the Sandy and