The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1851-02-05
SP0ud91o 1oGll,
SECESSION.

S'" ''"'es, hhO one ul ihe Fathers Of ,hl
CONSULTATION Itself says, in a letter m Is3(
what follows, aud We agree With him.
- Ia order TO understand the true ch1rac
yer oi lhe Constitution of the United States
the error, not uncumBan, must be avoided
OF viewing u through the medium either o
consolidated government or, Of conledera
ted government, whilst il is neither The one
nor the other but a mixture Of both. And
having, IN no mudel, the simlirudes and anal
og es applicable 10 other systems Of govern.
men' u must more than any other, be its
own interpreter according 10 us text and the
fdctsof the case.
From these It viii be seen that the char.
sciefislc peculIariles of he constltu'Inu are.
! The mode oi ITS formation; ,, The ei,l.cn
1.-The supreme powers OF government between
The States IN their united capacity, and the
States IN their Individual Capacities.
Il. Il vas formed, no, by the governments
Of the component States, as the federal gov
efnmeht Tor which 1t vas substituted was
formed. Nor was il formed by maioruy
"l the people of The United States, as single
community IN the manuer Of consolidated
government.
Il was formed by The States, acting in their
highest sovereign capacity land formed con.
s'queniy by The same authority which form.
ed the State constitutions
Being thus derived from the same source
as The constliuionsof the Slaies, II has. sith.
IN each Sta'e the same authority a. the con.
sluutIon Of the State and is as much con.
II in 4 ti.o 4
IA ITS prescribed sphere, as lhe cousti u,lon
oi The aies are, within their respective
spheres but with this obsloJs aud essential
dhercnce. tina, being compact among Tie
States IN their highest sovereign capacity,
and Constituting lhe people thereof one peo.
pie Tor ceftain purposes, II cannot be altered
OF aanuted a, the will of the States indsidu
ally, IS the constitution al STATE NAV be a,
It's individual viii.
-. And that It divides tho supreme pow
ers Of gasernmeui, between The government
Of the tuiled States, and the government, Of
the individual States. is stamped on the face
Of the instrument; the powers Of aar aud Of
taxation, Of Commerce and &C treaties and
other enumerated powets vesledin the govern.
men, Of the CoiIed States, beng of as hgh
and sovetegn character, as ary of The pow.
ers reserved TO the State governments.
Nor is the government of the Uailcd
Safes, created bs ihS constitution, Ices 90
setnment ia the sttict sense Of the term, wilh
IN the sphere OF ITS powers, than the govern
mens created by the con,Iliutlnn, Of lie
States are, within their several spheres. II
Is Ike them orsauzod lato legislative exec
uilve and judiciary departments. |, ope
rates ike Them, directly on persons and lin.s
And, ike them u has sl command phy,
ca force for executing the powers committee
10 II. The concurrent operation 20 certain
cases, is one of the features marking the pc
cuiiarhy of the system.
" 10 have trusted 10 negotiation for adius.
iiog disputes between The governments of the
United States and The State governments, os
betseen independent aud separate sovereign
ties. would have lost SIGH, altogether OF a
Constitution and government Cor the Union,
and opened a dfecl road from n failurn OF
tRas resort, 10 the ultima rnilo between m.
tons wholly tudepeuden, oi and alten to each
Other. II the idea had its origin IN the pro.
cess OF adjustment, bet"een separate branch
es IRON the same gnsefnment the analocy
entirely fails. la The case of disputes be.
tween independent parts OF the same gnvetn.
men', neither party being able to cnnsu innate
At, will, nor the government to proceed with
out concurrence of the parts, necessity
u'ings about an accommodation.
Ia disputes between State government,
and the governmen, OF the Unied States the
case Is practically us well as Theoretically
different; each party possessing oil the de
parimenis OF an organ I'D government, legls.
latise, executive and judiciary and haylnl
each physical force to support ITS prelen.
SONS. Although The issue of negotiation
might sometimes AVOID this extremity, how
o'ien would II happen among So many States.
'hat an nunaccommodatlng spirit ~ some would
render that resource unavhll,ng. contra
~ suppos'iion would not accord with a know.
ledge ot human nature, or the evidence of
our owa political history.
he constiluiInn not rel wing on any Of
'he preceding notifications, for lis safe and
successful operation has expressly declared,
on the one hand, lst, THAT The constitution
ana The laws made in pursuance thereof, aud
WI treaties made under the authority of the
uoed States, shall be the supreme law Of
me land; I'd, ,ha, the judges of every state
sna'' be bound thereby, any thing N the con.
An'u''on aud laws of any other state to the
contrary notwithstanding; 81, that the judi.
cla power of thc U. States shall extend to
=" cases IN law aud equity arising under the
constitution, the laws OF the Un,ied States,
ana treaties made under their authority" &c,
on the other hand, us o security OF the
'gh's and powers Of the states, in individual
.apatlsles, against an undue preponderaace OF
.ae powers granted to the government over
."em ~ their united capacity, the constitu.