Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1857-06-16
STATE SOVEREIGNTY AND THE Federal
CONSTITJ,TInN

$500 " > ''ner' certu'n prerogafiyee and pow
ers 10 Oh employed by ths General Government un
der "hIch they are all united in discharging those
hat'onal functions which are essential to the iu.e
res's OF the WHOLE and nseparable from the exist
ence OF the Union. The federal laws are intended
Tor Inc enforcement Of the provisions of the compact
between the States; they are enactments of tho ma
tlohai legislature, and when not unconstitutional
each State owes 1t to ITSELF and TO every other State
% ooey 'hetn Properly conducted. there is no dan
ger o' dScora ana conflict between the powers OF the
separate spheres OF action, into which our complies
ted yet SIMPLE system of government is divid=d
The province Of Federal authority ia plainly ma, ked
out and circumscribed. And SO with each State its
own individual sovereignty, unalienatsd and inalien
aole IL aeo as clenry traced. And yet there are not
unfrequently collisions between them. Tns ia how
oVe atTloutaole IN all instancee to an usurpaiiOn
of authority either on one part or the other. A
jealous regard for the rights of the States is of the
highest importance for the preservation of the true
principles Of our 0overnmsnt-and il is also indis.
pensable not less for the security of the States them
selves, in their individual interests aud rights than
for the welfare Of the nation and the continuance of
the Union that the Federal laws when not in conflict
with the Constitution shall be enforced in every Sate
and Territory
| These reflections have been suggested by the late
conflict of FeIeral aud State authority in Ohio. On
the occasion Of its occurrence commented briefly
upon the outrage and now, since Tho intelligence has
reached U.s. that the Governor of Ohio ha. eudor ,cd
the act it has assumed aspect which entities to
still farther consideration Had the ,raorous attack
upon the United States Mareha been dscai,ned by
the Executive, notwithstanding il was perpe;rated
under color Of official authority, the State of Ohio
would not be am7nabls for the insult off red TO
every other State in the Union. and especially TO the
South, by resisting and mprisoning officers accredt
cd by the General Government, aud engaged in ;he
discharge of their dutie,. But as il is with this
overt act OF treason, the part Of the sheriff of
Clark county, and those who sdsd and sbetted him,
approved and vndiraed by the Governor OF the
State, an instance OF mequivocal sutasonism ha.
tween Ohio and the Federal Government ia at once
presented. That the Frgrve Slave Law is not only
CONSTITUTIONAL bat that it is, except in the exact Ian
guage, extract from Of the plainpst provision,
Of the COnstitution itself, rational mind can doubt
Without it, it is impossible that the faith between
the States be prererved, and that the Union can
last And in the action of the State of Ohn ihs ques
tion is brought TO q conclusive poiut. Tie Is
made. single State is srrayed against the govern
ment of the United State.. Governor Chase s~em-
disposed to plant the banner Of Onios sovereignty
upon basis higher than that Of the General Govern
ment. The issue is openly made. And j; is eit tn
the President to decide whether the Federal laws
imperative within the ui,s of State given over to
Abolitionsm, or if the Constitution is to be main,
tanned against The reasonable designs OF State Gov
ernors aud their subordinate officials. 1t is duty
| which the Administration we'll 10 the seps-
rate States IT, the General Government, that the
FEDERAL laws shall be maintained. The people of the
South are we'll aware, that popular sentiment at the
North against them. But they are willing 10 re-.
main in the Union as Iong ca the F-der.l executive
will protect them in tf-ir rights The State of Ohio
if We understand her position, is now in open rebe!
lion, defying the laws Of the country, aod asserting
her own sov ereiguy above that Of the Constitution
of the Unted States.
The only question 10 bs determined by the admln-
stra,ion is whether coercion should be used no.
epforc. the Federal laws in Ohio. Oar own opinion
ia that not moment should be lost in reducing re
| belon, whether II appears in one section Of country
or in another. And ws have no doubt that the ad-
ministrsiun in power will that the Federal laws
are enforced. If the sa:utes Of the States be
paramount 10 the Constitution Of the United States,
the sooner the Union h formally dissolved the better.
But as long as there is Union we insist tha. Mother
inc States separately and individually, nor the Fed
ersl G. ,vernment, sha transcend the powers pre-
scribed By the compact Of confederation.
| State sovereignty is supreme within :he State
But the Federal laws extend throughout the country,
from one State to another. The General Govern
ment owes its origin TO the States. 1t belongs to
the States and 10 fact it is ths agent and represen
tativs of the Ststes
There is common Constitution belonging 20 the
whole country, which prescrbes the boundaries both
Of federal and municipal legislation, and it s to that
wa must look for law and order.
The Stats of Ohio throws down the gauntlet, and
the General Government must take it up. The
Southern States demand it. We have confidence in
tbs Administration, and We are far from speaking
i, in any other than spirit Of suggestion and predi
ca,;on, When We say expect the authorities { :
ob;o to be met by representatives of the General
Government.
The issue s openly made, and upon question
which, above all Others involves the very destiny Of
the Republic
IF the State of Ohio is allowed to reverse the epe
r,tious of the Constitution Of the United States. the
I;nou is Of no avail and the South is openly insulted
And if the fugitive slsve law is to bs carried into exc
ouiou, tho Governor Of Ohio and bis subalterns must
| be taught lesson very soon.
Our confdeuce in the Administration assures US
that the Federal Government will not be unrepresen
ted in this conflict Of sovereignty.
Tho Cincinnati Enquirer INDUCES in the following
language on The subject:
THE PROGRESS OF THE TREASON.
aov Chsss has sanctioned, justified, adopted and
countenanced the infamous condrct OF the Sherih
.,d nsopla of the underground railroad counties, IN
ih.r violent and outrageous conduct towards the U.
states Deputy Marsss in the recent affair IN Green
He has instructed or requested the Attorney densrai
Of this State, who is OF tho same school of p.stent
Abolition demsrogues that Chase is proud oi being
At the head Of to appear in behalf OF the Sherif OF
Clark county TO resist the application for writ of
habeas corpus TO relieve the Limited states Marshai
from the custody of said Sherin. -
Wa trust thai the President will order tho Attor
nav General of the United Stues to appear in behalf
of the authority aud dignity o tne Uniled oa'es. 30
that distinct issue may bs lhlned snd Tue queation
.ot,,od al once whether the Sheriff can, upon bogus
r;ts from little State Courts, arrest aud Incarceras
ofcsrs of the United STATES tor merely executing the
vrits of the Courts of the United Sfates Ihs desg
naI,on of the Attorney General oy the Governor, 10
aid rho three four lawyers already retained for III.
sheriff Of Clark equivalent Ia Declaration OF war
o ,hs mart of Chss. and his abolition crew against
ths United states Courts. Let the war come-the
sooner the better
There never wns more outrageous case OF resist
49,. n the authority nf the United States. In other
@ ,hs bas been son,- color or shade Of prerxt
sams vsgueness in the law lons-ness in the ez
on,on Of the wrs but in this there is such pre-
tense. The ground is openly taken that silly, un-
mill Legislature,
". -, stats Courts the power TO ssue wrts OF haJedS
osnn, @ servcsaols in every part Of the State against
en- pasons us we'll az officers Of the United States
Ali Others, having individuals in cuatody shall be put
into effect AZ to :snder null ana woG an nd &C, o.
,.;n This law. Nay, more, he appears through his
Instrument, the Attorney Gsu.rl, az the champion
and defender of ono of the most outrageous, auda-