The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1870-03-16
Speech of Senator Stockton.

Ior, dared to put the question fully
and fairly before the people Of the
horth, of loyal Union, aud challenge
'hc Republicans North to weigh we'll
,hc clfects Of the 18th Amendment
construction. For tho purpose Of
indicating when aud where tho rights
Of States must find vindication, if
vindicatioa i, found at all hereafter,
we quot. II paragraph from the speech
Of the Senator from gallant little Now
Jersey. The Senator said:
Mr.. President know that the
nse of tho word estate rights" is get
ting offensive to some ofmy friends on
the other side but as the distinguished
Senator from Ohio said this morning,
they must admit even in thoir view
that tho States have some rights.
Now it is said that Congress is omnip-
otcnt it is said that Congress can d.
anything. Mr.. President, Congress is
not omuipotent. Congress is body
of limited powers-limitcd by the
Constitution and it is in addition
to that the mere reservoir of powers
given by the States, the remainder
Of which are still in the people and
in the States. That, as principle of
government, is not disputed, and
therefore / say that Congress has no
right to pass an act, which this bill is,
to alter the Constitution of the
United States. 1t ID an act to alter
the Constitution of tho United Statos
in an easier mode than the mode
provided therein.
1t Las been prosposed here within o
few days to enact that tho Supreme
Court shall no longer determine
questions which are political, and that
Congress shall decide what are Ioliti-
cal questions. A bill has been in
troduced to authorize department of
the Government to dotormino when
an amendment to tho Constitution is
adopted. Then by the passage Of
this ACT, and by deriving the Supreme
Court by calling it u political ques.
ton, of the power of acting on the
constitutionality of tho so called
amendment, and by referring the
determination of it's ratification to one
of tho departments of the Govern
ment, you absolutely alter by legisla-
tion tho Constitution of the United
States in manner not provided
therein, and in different manner.
insist upon it that such an alteration
Is totally and entirely illegal, and in
violation at tho instrument itself, nay
u cannot use milder expression ); I
use the word in its proper senso--it is
revolution that is, it overturns the
government Of our fathers.
IT requires, as have said, three
fourths Of tho States to amend the
Constitution. That of course, meant
thrcc.fourths Of tho sovereign States,
thrcc-fourths Of such States rs met
together originally as independent
sovercigntics, and for the protection
Of these rights of which I speak gave
up some of their individual liberty
that might bo better protected
against foreign nations. That was'thc
object of the formation of this Gov
ornmcnt, to protect these very home
liberties of which you now seek to
deprive us and, az [ said, it requires
thrcc-Iuurth Of these sovereign States
to amend the compact. But now if
this military State, this pr ,yisional
government, is to have voice in
amending the Constitution before shc
IS admitted as a State of tho Union,
bow much is she to count Is she to
count a full State or what fraction of a
State? If these other three States
are to speak under your compulsion
after they have got 10, how much are
they to count : What is tho ratio
They certainly do not stand in the
same position rs these original States
who made the bargain. This course
certainly breaks the relations of tho
State Of Ohio, the State of New
jersey, and tho State of New York
with one another, and breaks thoir
relations with tho Federal Govern.
mcnt. 1t establishes now princi.
pie; it takes position mover before
taken in this country that you have
right to como iii and strike the word
""hitc" out of tho Constitution of my
State, Constitution that I have
sworn over and over again to support,
"''S" SohNoiho liO WOTu 'WnItG' In
1t, which you moan to strike out by
an attempt to alter the Constitution
of the United States in this way.
Now Mr.. President, l have q
remedy if you do not take it from m 10.
The Constitution has given us a
remedy. We have right to appeal
to tho courts. 1t is singular to SEQ
these bills all standing p0ri passm, by
one of which you take that right away,
that is part Of your scheme, by
which you propose to deprive me Of
the resort which is yet loft, to the
court. Sir, docs State whore tho
haceas corpus is suspended stand in
such position as to adopt constitu.
tional amendment Can State
where man, in violation of tho test
u. L