The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-03-13

Mr.. Calhoun, held that in q controversy
rs to the cession of powers in the Con-
stitution, the States, the creators of the
Government, were the final judge as
against the creature, the Government, or
any of its departments. They contendcd
that the State, as related to itself, so far
as its own citizens were concerned, was
the judge of its own obligations, and
being the authority which imposed the
obligations, must determine their extent,
and that this declaration was obligatory
on the citizens. Each State had the
right to interpret the Constitution finally
for itself and its citizens, unless the right
had been waived. If waived, it ought to
be easy to point out and cite the clause
in the Constitution containing the waiver.
IF it be conceded that the undelegated
powers are in the hands of the States, or
the people thereof, then to deny the right
of deciding on infractions or usurpations
of those powers, and the proper remedy
to be applied for correction, would reduce
the States to mere dependencies.
The "Federalists," or Consolidationists,
have held the opposite theory. They as
scrt that the Government is nation, that
the States delegated to Congress or the
Judiciary the final and exclusive right to
determine on extent Of delegated and
reserved powers, and that there is no
rightful remedy but rebellion or revolu-
tion-the right being contingent on sue
cess-against the unconstitutional acts of
tba Gonorol Goyorppoopt
II is grosscst injustice to charge MIR.
Calhoun or his adherents with hostility,
at any time, to q constitutional Union.
They claimed that checks, capable of
being enforced, were necessary to the
protection of rights and security of lib
erty, and that the general recognition Of
the principle of State interposition would
insure such moderation and justice in
government as to supersede the necessity
of a resort to such an extreme alterna-
tive. Rights, committed to the discre-
ton or sense of justice of an interested
majority, are practically no rights
Power can only be restrained by power.
To make the General Government the
exclusive judge, to allow q majority, un-
controlled by any check but their selfish
will, to alter by force of construction the
Constitution, is to consolidate and GEN.
tralize the Government and render the
Constitution rope of sand. They held
that State interposition, instead of being
anarchical and revolutionary, would, by
the nature of the right, be resorted to
only in EXTREMIST cases and thus be con-
servative and preservative. To strip the
States of all remedies except petition and
remonstrance, would reduce them to mere
counties, and make the unrestrained will
of majority in Congress, or the decision
of department of the Government, the
supreme law. at is idle, worse than
idle" said the great Carolinian, and the
words should be written in letters Of gold
in Senate Chamber and Hall of the Rep
resentatives, "to attempt 10 distinguish,
practically, between Government of
unlimited powers, and one professedly of
limited, but with an unlimited right to
determine the extent of its powers"
How far has this question, as to the
character Of our Government, or system
of governments, been determined by the
war and its results? Obviously, the ap-
peal is to the Constitution and that re-
mains what it was before the war, Tlus
the amendments since added. Do these
amendments change the character of the
Federal Government and settle this
vcrata quccstio of confederated States, or
consolidated Union? Let it be borne
in mind that precedents do not make
constitutions, and that "a constitution
violated is not q constitution abolished" /"
The amendments have this extent aud
no more. They abolish slavery; they
confer citizenship on the negro race /;
they define citizenship; they declare and
recognize citizenship of the United
States and citizenship of a State dis
tinct from each other and dependent
upon different characteristics or circum-
stances in the person; they declare the
validity Of the public debt, and the in
validity of all debts incurred Sin aid of
the rebellion )" and they prohibit any
denial or abridgment of suffrage on ac-
count of race, color or previous condition
of servitude. Any lawyer may be safely
challenged to specify any material change
in the Constitution beyond the points in
dicated.
There is not word in these amend
ments decisive of the question at issue.
All the Southern States, l believe, ex-
cept Kentucky, have inserted in their
State Constitutions q surrender Of the
right of secession. The other States have
been careful not thus to abridge their
sovereignty. 1t is, despite the absence
of constitutional inhibition, cheeriully
conceded that, as a result of the war, no
one now claims secession as State rene
dy for q violated compact. The uHima
ratio regum has given quietus tosthis
"Virginia abstraction" Let me, how
ever, press the inquiry, whether, except
in the points just indicated, the Constitu-
ton and our form of Government do not
remain in Statu quo ante dellum? Has
any vital principle Of the Federal system,
State interposition excepted, been abro-
gated? Is it not still true that "the
States are rs necessary to the Union as
the Union to the States;" that the whole
charge Of internal regulations is left to
the States; that to the States and the
people thereof all powers not delegated
are reserved; that few of the provisions
of the Constitution can be carried into
effect without the existence and cooper
ton of the States; and that to guard
against the unequal action Of laws, to
protect the rights and interests of minor.
tiles, and TO give virtue. prosperity and
perpetuity to our Republic, the division
of powers, the grants and prohibitions
and reservations, should be most scrupu,
lousy maintained.
1t is travesty on State Rights to make
them consist solely or mainly of secession
A strict construction of the Constitution
confinement of the Government to its
clearly defined and legitimate duties, re.
sponsibility of Federal officers, protec'
tion of private property against arbitrary
and discriminating legislation, economy
and retrenchment, were of the essence OF
the old States-Rights party.
AS to the use of Mr.. Calhoun's work
on Government as textbook i'll collie
ges, that is matter of professional taste
or expcdioncy. Few teachers use book: