The home journal. (Winchester, Tenn.) 1858-188?, 1870-12-15


peace of dcspotism that peace which Is
enforced BY the bayonet and the sword;
the peace of death. where all the vital
functions OF liberty have ceased. 1t is this |
peace which the doctrine of State SOycr-
eighty may disturb by that conflict, which,
in every free State, VI properly organized, |
necessarily exists between liberty and |
power; but which, ii restrained within !
proper limits. gives salutary exercise to
our moral and intellectual faculties. In
the case of Carolina, which has caused all
this discussion, who does not see, if the
ciiusion OF blood be prevented, that the
excitement, the agitation. and the inquiry |
which 1t has caused, will be followed by |
The most beneficial consequences? The
country had sunk into avarce, intrigue,
and Standardization which nothing
but some sLch event could rouse II. or re-
store those honest and patriotic feelings
which had almost disappeared under their
baneiul influence. What Government has
ever attained power and distinction With
out such cUnilictsy Look at the degraded
state of all those nations where they have
been p::. down by the iron arm OF the
| Government.
II, for my part. have no fear OF any dam
gcrOuS conflict, under the fullest acknowl-
tdgement OF State Sovereignty: the very
fact that the states may interpose will pro-
duce moderation and justice. The General
Government will abstain from the eXer-
else OF any power in which they may sup
pose hree-fourths of the States will not
sustain them; while. on the other hand, the
states VIII not interpose but on the con
viction that they will he supported by one
fourth of their cO-States. Moderation and
justice Will produce confidence. attach
/ ma IN,
turn. will offer most powerful barriers
against the excess of conflicts between the
states and the General Government.
But we are told that. should the doe
trinc prevail. the present system would be
a bad, If not worse than the old COntpdrr-
alton. regard the assertion only as evil
dencc OF that extravaganza of declaration
in which, from excitement of feeling, we
50 otter indulge. Admit the power. and
still the present system would be lis far re-
moved from the weakness Of the old Con-
! federation Us it wonld he from the lawless
am, dcspOtic violence Of consolidation. SO
far from being the same, the difference be-
tween the Confederation and the present
Constitution would still be most strongly
marked. Ii there were no other distinc-
ton. the fact that the former required the
concurrence OF the States to execute its
rest them, would make a distinction as
broad as the ocean. In the former. the us
inertt0 OF our nature is in opposition to the
action of the system. Not to act was to
defeat. In the latter the same principle is
OH the opposite slde-action is required to
defeat. He who understands human ma
turc will see. in this fact alone. the differ
, cncc between Il feeble and illy-contrived
Confederation. and the restrained energy
of II Federal system. OF the same charac
/ ter is the objection that the doctrine will
be the source OF weakness. If we look to
mere organization and physical pow er rs
the only source of strength, without taking
into the estimate the operation of neral
, causes, such would appe,r to be the fact
, but if we take into the estimate the latter
, we shall find that those Governments have
. the greatest strength in which power has
f been most efficiently checked. The Gov
} eminent of Rome furnishes u memorable
example. There. two independent and
t distinct powers cXisted--tlle people acting
/ by Tribes. in which tile Plcbians prev lied
= and by Centuries, in which the Patrician>
l. ruled. The TriblneS were the appointed
j. representatives OF the one power, and the
4 Senate of the other; each possessed of the
= authority of checking and overriding one
| another. not As departments of the Gov
! crnmcnt rs supposed by the Senator from
i Massachusetts, but Us independent pow
= crS.--;ls much so rs the Sta e and General
; Governments. a shallow observer wol;ld
{ perceive, in such an organization. nothing
= but the perpetual source OF anarchy. dis
+ cord. and weakness; and yet experience
{: has proved that it WAS the most powerful
= Government that ever existed; and reason
Y teaches that this power was derived from
!. the very circumstances which TASTY reilcc-
e ton would consider the cause of weakness
Z | will venture an assertion, which may b(
L considered eXtravagant, but in which his
e tory " III fully bear me out, that we have
no knowledge OF any people where the
1 power of arrestiug the improper acts OF
= the Government. or what may be called The
r negative power of Government, was toe
u strOng.--eXcept Poland. where every free
man possessed Il veto. But even there, al
e though it existed in 80 eXtravagant Il form
l it was the source of the highest and most
!. lofty attachment to liberty. and the most
!, heroic courage: qualities that more than
C once saved Europe from the domination
:, of the crescent and cimeter. II Is worthy
n OF remark. that the fate of Poland is moi
! to be attributed so much to the excess OF
this negative power of Itself. Is to the IA
cility which il afforded to foreign influence
! in controlling its political movements.
; IL am not surprised that, ith the idea
i of u perfect GUvernnt mt which the Sena-
tor from Massachusetts has iornled--l Gov
Z eminent Of an absolute majority, I'M
! checked and unre>traineu, operating
: through representative body-nc should
e be so much shocked with that he is pleased
, to call the absl,rdity of the State reto. But
let me tell him that his scheme OF II perfect
: Government. rs beautiful rs he conccives
Z it to be. though often tried, has invariably
failed,-has always run. whenever tried.
= through the same uniform process of fac
ton, corruption. anarchy. and despotism.
lie considers the representative principle
rs the great modern Improvement IN leg
islatiOn, and of itsIlt sufficient to secure
liberty. | cannot regard it in the light
, in which he does. Instead Of modern. il is
Of remote orig in. aud has existed, in great
or or less perfection, in every fri e state.
!. from tho remOtest antiquity. Nor do
consider it Us OF itself sufficient to secure
liberty. though | regard 1t us one Of the
: indispensable meaiis--the means of secllr
ing the people against the tyranny and
oppression Of their rulers. To secure lib
crty, another means is still necessary-the
means of securing the different portions of
society against the Injustice and Oppres-
siOns of each other, which can Gully be
effected by reto, interpOsition, or Nullilica-
ton. or by whatever name the restraining
or negative power Of the Government may
be called
1.-THE END
II