Government of the United States—if you
touch this question of slavery, which is a sec-
tional one, confined to a particular section of
the Union, you touch a question that will ul-
timately break up this Union, They not only
told the Government that, but they asked
them to point to the Constitution of the United
States, and show where they found the power
to touch that institution at all. This States'
rights party said then—the only true doctrine,
the only true theory of this Government is to
play the game " hands off," and to leave to
the States the settlement of those questions
that legitimately belong to them, under a
strict construction of the Constitution, Un-
dertake to assume these powers at Washing-
ton, and you dissolve this Union and break
up this Government.
Now, educated in this school, and adopting
the views of Thomas Jefferson, who, I say,
was at the head of this party of State rights,
and admonished by him, I feel unwilling to
incorporate any article in our Constitution
that would lead the men at Washington who
are to govern us, to set up any claim of right
to interfere with the domestic concerns of this
State. What said Mr. Jefferson upon this
subject of concentration of power in the Gov-
ernment of the United States? He said in
1825, at a time when his head was cool, re-
plete with wisdom and experience in the ad-
ministration of this country, and when he had
no ambitious purposes to subserve: "I see
as you do and with the deepest affliction the
rapid strides with which the federal branch
of our Government is advancing towards the
usurpation of all the rights reserved to the
States, and the consolidation in itself of the
powers, foreign and domestic, and that, too
by constructions which if legitimate leave no
limits to their power. Take together the
decisions of the federal courts, the doctrines of
the President, and the misconstructions of
the constitutional compact acted on by the
legislation of the, federal branch, and it is but
too evident that the three ruling branches of
this department are in combination to strip
their colleagues, the State authorities, of the
powers reserved to them, and to exercise all
functions themselves, foreign and domestic."
I am admonished by the doctrines here
taught that it is my duty here, that it is our
duty lo watch with carefulness and see that
no provision of this dangerous and novel
character, unprecedented in its character
should be adopted by this Convention, which
might lead the Government at Washington so
to construe its powers in relation to this State
that instead of protecting, it might place
around it the iron bands of servitude. No
sir; Jefferson and those men understood this
thing.
W hat is the proposition now before us for
consideration? It is this:
"The Constitution of the United States an
the laws made in pursuance thereof, being the |
supreme law of the land, every citizen of this
State owes paramount allegiance to the Con-
stitution and Government of the United States,
and is not bound by any law or ordinance of
this State in contravention or subversion
thereof,''
Now, I ask my friend, the chairman of the
committee (Mr. Stirling, who instead of urg-
ing upon us what the Constitution of the
United States clearly indicates to be our duty,
that we owe obedience to that Constitution
and the laws made in pursuance thereof, says
we owe paramount allegiance; I ask him
why he undertakes to interpolate here, for the
first time, that word "Government?" Ac-
cording to our acceptation of the term, the
Government of the United States is composed
of three separate departments, the executive,
the legislative, and the judicial. And when
I you require me to swear paramount allegiance
to the government, to-morrow Abraham Lin-
coln, my servant and your servant, may issue
any proclamation he pleases; and under this
article the gentleman may contend that pro-
clamation is an authority emanating from the
Government of the United States. Why, sir,
I want no such article put in this bill of
rights. I want clearly and distinctly defined
what we are and what we want ourselves to
be in time to come. God knows I do not an-
ticipate that any article or clause you put in
this bill of rights is likely to do anything for
us as long as this war lasts. I am looking to
the future. I want the men who are to come
after us to read and understand why it is we
have, without reason, voluntarily come for-
ward and if not by express grant, yet I see
clearly by the probabilities of misconstruc-
tion, laid down the whole of the sovereign
rights of this State at the feet of the Federal
Government.
I tell gentlemen here, I do not care to what
party they belong, whether to the majority or
to the minority, they must answer this to their
children. We know that the tendency of all
power in the hands of men is to pass from the
few to the many, from the weak to the strong
and powerful.' The history of your govern-
ment has been but a demonstration of that
fact. The Government of the United States
has left its legitimate exercise of powers and
come with the strong arm to strike down the
powers of the State governments. Now, sir,
I want this thing explained. In the few re-
marks which I undertook to address to this
a Convention on a former occasion. I said I
could not understand the reasons for this. It
is true I have been absent a great deal, but
have not been able to get any light yet upon
this subject up to this time.
I understand one view of this thing. In
my acceptation of the term, I do owe a para-
mount allegiance to the General Government,
within the scope and the sphere of the proper
exercise of its delegated powers. That is my
doctrine, I do owe allegiance, and I am |
