The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-10-07
Can Congress Coerce Il Statef

Under this head we find an article in the Flag OF the
Union," published at Henderson, Texas, which shows
that the people of that great though young State
not behind those who have been longer in the Union in
knowing how 10 meet the difficulties growing out OF
complex system of government The point involved in
the above question has elected much discussion and has
than one occasion been the of embarrass
ment TO those charged with the administration OF both
the federal and State governments; and perhaps
about which there always will be disagreement, since
is OF necessity fixed in that frontier OF local and federal
authority where the errors OF administration necessarily
begin their mischief, and seldom obvated whou,
calling into action TO principles which are
rather theoretical than PRACTICAL and which suggest nat
ural rather than constitutional rights But in all such
cases, thus far, the OF the people has not
failed to detect the which has produced public
alarm, and has not failed to apply the remedy in the
manner pointed out by the constitution. Ii is thus with
this question, which, when brought TO the test OF the pub
lie has called forth in all portions OF our land
expressions proving that it is well understood by the
people, and contains danger that has not been amply
guarded against by the authors OF constitution To
say that Congress State does not imply
that State legally inierpose and withdraw citizen
OF the United States from the obedience due the laws
OF the country. But il was not intention in referring
to this subject TO do than bring TO the attention Of
readers the observations which made upon i, in
the article referred 10, and which copy below evil
dence OF the and safe views tina, prevail with the
people OF Texas.
From the Flag OF the Union.
CAN CONGRESS coERcE STATE i-ln the discussion OF
the great question which agitaes the South, both
duty and inclination dictate respectful federation toward
those of the South who are aiming at the same ends but
influenced perhaps by different considerations Whilst
the freedom of opinion and the ends OF truth indicate
this position at the time II is evident that duty de-
mands candid and fearless expression OF opinion, ire
specve oil the palates tastes of the violent and
culinary factions that now attempt TO convuse The
try The history OF republics atesls the depoabe fact
that popular discomfort is wanting reckless and
ambitious leaders, who ready TO precipiate the
country into the horrors of civil war; that they may rise
TO distinction and spendor the destruction Of the be
ties OF their country These striking historical ilustra
tons at this day afford profitable subject OF national
temptation, and il is hoped will not fail excite dispas-
siona,e inquiry TO the proper rule OF action Of the
South Tor the maintenance OF her constitutional rights,
and at the same time uphold the integrity OF the American
Union.
Whilst we maintain the rgh, of secession unauthorized
by the organic law OF government, either State fed
era,we with equal confidence arm that the constitution
OF the United States confers authority Congress 10
State OF the Union TO any act whatever Those
who contend for political engine odious 10 its char
acer have studied 10 little purpose the structure OF our
political Institutions, and the bearing OF the laws of
the UNION The operation Of the government under the
old confederation, and The that merged the
ment into the present federal Union, afford apt and
conclusive illustration of the position assumed The early
articles OF COME jeraiion acted the States, II
not mistaken, in their Operate or aggregate capacity
The federal head had power TO tax the people OF the
Suates--no power directly the mita--ln word,
the whole fabric constructed the idea OF coned
grafton Of sovereign States with power TO assess on the
States respectively in their corporate capacity the neces
sary means OF national support. So jealous were the
States OF their rights that power oil State coercion
conferred thereby making the resolves Of the federal
Mt han urndu II,
the States 10 be obeyed as inclination interest," caprice
might dictate. SO many elements of inbeciy, anarchy,
and confusion did not fail to develope their effects
in the rapid strides OF Ge government 10 national degra
dation. This Illuminating spectacle did fail TO
the patriotism OF the country to vigorous effort to form
'inore perfect Unon'--to supersede the old govern
ment by free from the radical vice OF the principle
OF legislation for States or governments in their eorpo
collective oGpaaiy, as contradisingushed from
the Individuals who compose them
This snccessful effort spoke into existence the present
United States constitution which presents bright con-
as Of the advance OF the nation in happiness, wealth.
and Importance extent to which the annals OF nations
furnish no parallel The dulest comprehension cannot
fail 10 recognise the demonstrations that surround y
that the laws of the Union directly each individual
OF the republic and not the Sfnesas such fanstcsm
itself mus, admit that each inhabant is directly respon-
sble 10 the Union for any violation OF its laws these
propositions II seems 10 u.s. are too clear TO need either
argument lustration. Even South Carolina, ct we
correctly iniomed.) while she proclaims her le
gal night to secede from the Union, demonstrates
the glazing contradiction BY an appeal to her peo-
pie, resolved into the original elements OF govern
men in the form OF convention, instead Of the 'egs
ature OF her State II State has right TO secede her
organic law is competent TO assert il through her legsla
ture whilst it assumes the true ground OF action, nj the
same time it is not very complimentary to The position Of
secessonists The whole result this in binding efficacy
there il no difference between the laws OF the Union and
the laws Of State, Both enacted by the people
through their equally binding
on each nhaban respectively aRd dependent the
instruments OF justice and the sanction and co-operaon
OF the people for their correct administration. When
ever there failure the part Of the people to enforce
The laws either State federal, then the seeds OF
revolution are being scattered which seldom fails 10