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

AMI Allh as much lalinsss IN his suppnsi-
tiOn as lhe SenainT had nse.l m h4i Hing
tie nplnlons Il Air. Badger. have. said
Mr. q. minated thar the Federal (;n-
yemmeni might NOT arknowle,,se ihe right
al State To Sser,le from the Union Ia l,e
4 rnnsillniiaial right nE remedy: aud il
max he we'll la inquire uheIhPr such
.luririne lias ever Terri,ed Ihe sanction al
lhe anlhnriznd eNpann,lers eI the cnnsli-
inii0n oi the uHIiesl States. or Was in,en-
tlel In he given hv ilinse uhn lramrd il.
Tie SemaInr. adrnraIlns 81 'rrssin,l. argues
thar from il. there J. na danger II yinl.ni
illsmembeTmnnt ul ile conirileeary and
il wDtii seem llon The lennr al his re-
marks, drawing :, s'isilnriinn between Il
and the naIa,ai right nt resistance or re-
bell,nn. llial he iliinks State NAV thus
reareahly anh ronsli,ulinnally assume the
position which IL held prim iu the lnr>
nation of the Federal Union. lie al.
miis the ahsurdily Of nnlllicaIion. Inn ar-
CUES that scressnn Is = yery ,!iil,TenI
thing and cannot BE- ennlnnn,!rd with il
"cxrepl by individuals who are wiling
10 drrcIve the penple In all thrir selfish
and sinister purposrs.
Let Us see who these individuals are.
| hald in nv hand. SIR, letter, pGr-
tions Of which | will read Ia the Sc
nate:
lin order toundcrs.and the true char
actrr of the constitution of the United
States. the crror. not unenmmon, must
be avoided, of viewing il ;hroush the
medium, either ui consolidated %av-
erumcnt. ur of cunicdera,cd go,rrn-
ment, whilst ii is neither the one nor
the other; but mixture Of both. And
having, in no model. the similitudes
and analogies applicable To other sys-
tems of government, 1t must, more than
any other, be lis own interpreter ac-
cording to its text and The .bacts Of he
cast.
From these il will be seen that the
characteristic paeuliarities Of the con-
,titutios are, /, the mode Of its forma
ton: ,, the division Of the supreme
powers Of government between thr
state, in their united capacity, and the
States in their individual capacities.
~. 1t was formed, not by the GOV.
ernments OF the component Statc>, a,
the federal government for which i
was substituted was formed. Nor wa
il formed by a majority Of the people q
the United States, as single cOmmu
nifty in the manner of consolidated
government.
:" 1t was formed by the States, tina
is by the people in each of the States
acting in their highest sovereign ca
pacity; and formed consequently by tn,
same authority which formed the Stat
Constitutions.
i" Being thus derived from the sam
source as the constitutions of the States
it has, within each State, the same au
| thority as the constitution of the State
and is as much constitution, in III
strict sense Of the term, within its pre-
scribed sphere, as the constitutions 0
4 the States are, within their respectiv,
spheres: but with this obvious and es
sential difference, that beinga compac
among the States in their highest SOY
l ereign capacity, and constituting tn
people thereof one people for certai
purposes, it cannot be altered or annul
l led at the will of the States Individual
lily, as the constitution of State ma
be at its individual will.
20. And that it divides the suprem
powers fgovernment, between the GOV
4 ernment Of the United States, and til
government of the individual States,
stamped on the face of the instrument
] the powers of war and Of taxation, I
commerce and Of treaties, and othe
/ enumerated powers vested in the gos
ernment of the United States, being {
!, as high and sovereign a character, a
any Of the powers reserved tothe Stat
. governments.
Il !" Nor is the government ofthe Unite
States, created by the constitution, les
government in the strict sense of til
, term, within the sphere of its powers
: than the governments created by tn
constitutions of the States are, With
, their several spheres. It's like thei
, organized into legislative, executis
and judiciary departments. 1t operate
ike them, directly on persons an
things. And, ike them, it has at con
+ mand physical force for executing til
powers committed to it. The concul
reut operation in certain cases, is on
, of the features marking the peculiarit
of the system.
To have trusted to negotiation fo
adjusting disputes between the govern
ment of the United States and the Stat
governments, as between independer
, and separate sovercignties, would hay
/ lost sight altogether of a constitution
, and government for the Union, an
: opened direct road from a failure ,
/. that resort, to the ultima ratio betwee
: nations wholly independent ofand allie
= to nach athprg If fhn idaa had lie mr.