Weekly national intelligencer., 1851-02-01

for the defence of the State, but obviously for On,
q poses of hostile conflict with the Government =
= the United States, should that Governments M
submit to be controlled in the exercise of its con
!. stitutional authority by this unconstitutional exhi
|. bition of military force and menace.
Q One fatal error seems to have run through III,
: action Of the Legislature of South Carolina a: il
late session, as il has done through the arguments
upon which it is based in regard to which we can
not expect to open the eyes of the persons by whom
the destnies of that State are at present controlled
but which it may not be without use to expose to
! our readers in other parts of the country. The
error consists in the delusive notion that crimes
committed against the United States by individuals
OF any State can be privileged or sanctifed by
interposition oftha State Government that is to say
that legislative act or ordinance of State may be
pleaded in bar of judgment for crimes decsred TO be
such by the Constitution and Statutes of the United
States Deusive as it is, this doctrine is seriously
maintained by the authorities of the State of South
Carolina, and gravely affirmed as emanating from
the reserved rights of the States. Than this
theory, and its cognae doctrines, the right of State
Nulllhcation, Secession, and Resistance to the
Laws Of the United States, in any form Of
State action in which force is employed, nothing
can be more fallacious. 1t is indeed SO utterly
inconsistent with the provisions Of the Constitution,
and with the idea of a Federal Government, that
no sound and practical mind, free from an unac-
countable infauation, can maintain it.
We are not about to argue this question. Men
who advocate the doctrine are beyond conviction.
They have method in their madness which no
argumen. can reach. We would only remark, that,
within the powers delegated to it, the Federal Gov
ernment is supreme. 1t is paramount to any State
authority, or any combination Of the People. They
may amend the Constitution in any of the modes
provided by the Constitution ITSELF Beyond this,
every movement to change the Government or OBJ
struct its legitimate action, is revolutionary in its
character, and may become reasonable.
The Constitution is not a treaty or compact among
the States, as the enemies of the Union pretend, but
Government established by THE PEOPLE Of the
States by the same People, in their sovereign
capacity, which formed the State Governments
And THE PEOPLE gave to the Federal Government,
within its sphere, powers paramount to those of
the States, and the means Of carrying out those
powers.
"If any one proposition could command the uni
/" versal assent of mankind says Chief Justice
MARSHALL on this subject, 'we might expect it
g would be this that the Government of the
" Union, though limited in its powers, is supreme
" within its sphere Of action. This would seem
" Government of all its powers are delegated by
all: it represents all, and acts for all. Though
I" any one State may be willing to control its ope-
rations, no State is willing to allow others to
g troll them. The Nation, on those subjects upon
" which it can act, must necessarily bind its COM
".ponent parts. But this question Is not left to
mere reason: THE People have, in express
8. terms, decided it by saying, This Constitution,
IS and the Laws Of the United States which shall
"' be made in pursuance thereof, shall be the Su-
!" preme Law Of the Land : and by requiring that
the Members of the State Legislatures, and the
/" officers of the Executive and Judicial Depart
ments of the States, shall take the oath of fdeli-
"ty to it. The Government Of the United States,
then, though limited in its powers, is supreme
and its laws, when made in pursuance of the
" Constitution, form the supreme law of the land,
"' any thing in the Constitution or Laws of any
"s State to the contrary Notwithstanding.
If, under any false impression OF State authority
contravening this fundamental law, violence may
be resorted to by any portion of the People of
any State, such as shall be wholly incompa-
tible with the Constitution and laws Of the United
States, it may be well to consider the consequences
which follow such violations of law. And, in re-
ferrng to the consequences of such illegal resist
ance to the laws we include such resistance in the
North as well as in the South. If obstruction to
the Federal laws shall be interposed in any part of
the Union, the consequences must be met And
we consider it our duty to warn our feow-citizens
of what the la,o is in such cases, that they may
know, if they do not already know, under what
responsibilities they act; responsibilities which no
excitement or fanaticism can mitigate or avoid.
The law on this subject was laid down by the
judicial tribunals of the country more than fifty
years ago, and some ten years later re-affrmed
by the highest Court and by the most learned
Judges of our country. 1t is to be found in the
printed reports Of the cases in which it has been
at different times delivered, and is Of course easily
referred to. To save the reader the trouble of
searching the books for it, however, we cite from
them, in brief, as follows:
Hinder fho Tncurroct;on - 11Ox -, Uon.o-,,