Clinch Valley news. [volume] (Jeffersonville, Va.) 18??-2019, 1908-05-01
Senator Rayner, in Impassioned
Speech, Scores Federal
Usurpation.
NO COwARDLY SURRENDER
Would Have the Several States
Insist on Literal Construction
of Tenth Amendment to the
Federal Constitution.

Thursday that august body has heard
this session. Ills subject was Mod
crn state Rights" lie said in part.
Il will define what 1 mean hy state
rights democracy ! mean chat that
tho rights of the states must Toe main
tanned inviolatc AS intended hy tho
trainers of the Constitution. that there
must Ice NO pcrvcr@ion OF the dele
gated powers So AIS 60 strike down tho
reservation to the states. and that
whatever rights the States possess un-
der TIA" Constitution. and under the
amendments must remain intact AMI
uutmpaired until a. ever the Constt-
tuition should Ice changed hy the voice
OF the people according To the methods
That ~ provides. and the structure OF
our government should b, directed
from It's present conception and de-
sign"
AS am example or the distortion OF
TIA" delegated powers of the Constitu-
ton. Mr ltuNucr cited the prs,riil,s
enid labor hiil which. hc said. was
trained not To regulate commerce.
hut q" regulate the labor thnt pro-
duCcs the commerce" lIc claimed
Mr. bcNcrldgc was far Ina advance 81
hT party ben this matter. anal tnat al
lh""gh the President at first sup
ported II. he has in his recent mes
H1tts. sounded "a slow retreat"
M"n~trou~ Proposition.
ADVANCING % step beyond the prin-
ciplc embraced in this bin. we have
another doctrine. and. I regret 10 ,,nv
Sustained 10y hirh Democratic author
i'N. tunS ."- t"-ss ought Co pass "A law
proNidlnr that corporations should he
lim'lcd n tho amount uf product that
th"N can consirn into other ~tat,s
and that Congress has tho rirht %
place an arbitrary figure upon thcir
business transaction. Whom they enter
INTO tho channels of Interstate conn
mrrcc. The Constitution makes no
d Al ion a. fI....
distinction between them and ludl-
Niduols and 90 we have "a right to do
TINS with corporations. We have prc-
ciNcN thr Same right To- do 10 with
individuals
we have hin NOW pcndInr
before thr senate that sub-tnu-
ti"llN cmbodicS this principle.
IL - ~ mou~trous proposition aud
ono tlHt would finally place cN-
cry commercial transaction and
every enterprise under Federal
supervision. IA suCi a hin should
pass, have no doubt thnt the
supreme Court would declare. 10
unconstitutional. and ~ I under
stand that an attempt viii he
nad" To- incorporate this prONis-
ION in the Democratic platform,
the people should he made Ia
! understand ~ soon a. possiinc
that their representatives la this
body at least sim have glim-
mcring recollection of what the
Constitution means, aud that the
Democratic pnrty has still n body
guard OF faithful watchers. who
VIII see Ia ~ that the PARTY IL
mot thuS diSmcmbcrcd la her COM
Ing platform while there H. vet "a
sparK oi life within her veins.
Invasion of the State.
This brings nae To another prop
osiiion that is more startling than
those | have just referred To. Con-
grcss is given the right by the Con
i stitution To establish postonicos and
post roads. The President dcduccs
from this grant the power To- control
the intrastate railways Of the United
states that do not pass beyond tho
boundaries OF the state that created
them.
III his construction IS correct. IL
places the Government of the United
states right within the boundaries OF
the state. and gives Il complete ju-
rlsdiction over every internal highway
I'm that country. No Judge. no jurist.
no court, no text writer. no cXpounder
or commentator whom | have ever
heard Of. ever conceived OF such an
Interpretation as this. and the Pres
tdcnt alone Ia entitled TO all the cred
II and all the glory that attaches to
this unhcraldcd discovery. His great
intellect perceived in this perfectly
innocent grant OF the right To cstab-
lish "A post road FOR the purpose or
carrying the mail, and OF "A postofiico
for the purpose OF receiving and dis
tributing Il. an opportunity to swoop
down on the states and upon their
municipalities and deprive them OF
their right OF eminent domain. which
Is absolutely essential for their local
sovereignty and existence.
ScribcS and Mountcbnnls.
~ have always looked upon the
Democratic party AZ the sentinel
of the Constitution, and aS par
~ man j protest against It's be-
Ing tempered with by scribcs and
mOuntcbanl<s. | believe that Ia
the coming contest we ought To
plant our cOiorS upon the tenth
amendment. and make the CON
test clear and clean between the
reserved rights of the States upon
the one hand and Federal cen
tralization on the other. IL Is
predicted that IL we adopt this
course we will lose. Very well.
MIR. President, 80 far as I am con- -
ccrncd. l would rather lose and 81
go down To defeat than purchase t'
victory at the sacrifice OF princi-
pie. we have been defeated over ny
and over again, but we have
never yet In all our history
sounded final and an ultimate
retreat. To accept these hcrcsies
now IL cowardly surrender at
the post of duty.
II want IL known that we can never
take this step unless we 40 it volun-
tarily. If we become the party OF
the Federal Government as against
the rights of the State, if we are to
fill our platform with the creed OF the
propaganda. If this is our new role.
and we are TO abjectly abandon every
thing that we have stood for In the
past. and venture into this foreign
field and partook of this forbidden
fruit. then when history recounts the
tragic manner of our death as a po-
litical party, / want posterity also to
know that in the hour OF our bright
est hopes and most alluring prospects.
determined to end our great historic
career, that Of our own free will and
choice, we threw ourselves upon the
poisoned weapon OF Federal centrali-
zation and died OF self-infiicted
wound"