The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1851-01-08

In the case Of disputes between indie
pendent parts of the same government,
neither PARTY heing able to consn,nmate
- will. nor the government to proceed
Miiiuut a concurrence Of the parts. ne
ccss!iy brings about anacc0mmotlation.
Ia disputes between state govern
meni, and the government Of the lni;ed
states, the case j. practically as we'll
a. Theoretically different; each party
possessing all the departments Of an
organized government. legislative, ex-
eoutive and judiciary; aud having each
a physical force to support it preten-
sions. Althong il the issue 81 negotia-
tion Nigh; sometimes avoid this extre-
nifty, how often would il happen among
so many states. that an unaccnmmoda.
ting spirit in some would render that
resource unaraIling. a contrary sup
position would not accord with know
ledge of human nature, or the evidence
Of our own political history.
The constitution, not relying on
any Of the preceding notifications. for
its safe aud successful operation, has
expressly declared, ON the one hand, l.,
That the constitution. and the laws
made in pursuance thereof, and all
treaties made under the authority Of
the United States, shalt b. the supreme
law of the land: ,. that the judges Ol
every state shall be- bound thcrcby, any
thing in the constitution aud laws ol
any state 10 the contrary notwIthstand-
ins; :. that the Judicial power Of the
United States shall extend to all eases
in law and equity. arising under the
constitution, the Law, of the United
States, and treaties made under their
authority,' sc.
"On the other hand, as a security ol
the rights aud powers Of the states. III
individual capacities, against an undue
prepanderancc Of the powers granted
To the government over them an theIi
united capacity, the constitution has
relied OH, /, the responsibility Of III,
senators and representatives in the leg
isIature Of the United States,to the leg
islatures and people of the states; 2, th'
responsibility Of the President to th'
people Of the United States; and 3, tn,
: liability of the executive and judicia
, functionarics Of the United States t
Impeachment by the representatives O
5 the people of the States, in one branc
; Of the legislature of the United States
aud trial by the representatives Of th
, states, in the other branch; the stat
{ functionaries, Legislative and judicial
: being. at the same time, in their ap
pointment and responsibility, aItogetl
er independent ofthe agency orauthorl
I ty Of the United States.
], \" Should the provisions of the constl
: tuition as here reviewed, be found ne
e to secure the goyernmentand rights I
e the states against the usurpations an
abuses on the part ofthe United States
e the final resort within the puryiew
!, the constitution lies IN an amendmet
: of the constitution, according to a pr,
!; cess applicable by the states.
e " And in the event Of the failure {
Z every constitutional resort, and an acct
t mutation ofusurpations and abuses, rer
E dering passive obedience and nonresi'
4 tance a greater evil than resistance an
I revolution, there can remain but on
y resort, the last Of allan appeal frol
G the cancelled obligations of the con
n pact, to original rights and the law
\ self-preservation. This is the ultim
/ ratio under all governments, wheths
y consolidated, confederated or con
pound Of both; and it cannot be doubte
e that single member of the union,
/ the extremity supposed, but in tn;
c only, would have right, as an exit
IS and ultra constitutional right, to max
t; the appeal
,fI The letter, Sir, was writted in 1S5
II by James Madison; gentleman wi
4 has been always regarded as one of Il
If Fathers Of the Federal Constitution
IS had much to do with the famous resoll
e tions of '98 and '99, and was twice ele,
ted to the Office Of President of I'll
d United States, by the Republican Pa
IS ty.
e Andrew jackson in his proclamatiC
], Of the lth of December, 1882, said |:
e aThis right to secedeis deduced fro
n the nature of the constitution, whit
n they say isa compact between SOW
e reign states who have preserved the
IS whole sovereignty, and therefore al
Il subject to no superior; that becaus
J. they made the compact, they can brea
e it, when in their opinion it has bee
+; departed from by the other state
e Fallacious as this course ofreasoning i
y itenlists tatepride, and finds advocat,
in the honest prejudices Of those wi
II have not studied the nature of our go'
l. ernment sufficiently to see the radio
e error on which it rests.
it The constitution ofthe United Stat
e, then, forms government, not leagu
n and whether it be formed by compa
II hafxrppn fhp STATES or in any nth,