The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1860-12-05

ry resistance, because it has been claimed within the
asst few years that state this shall be its
overeign will and pleasure secede from the Union,
n accordance with the Constitution, and without any
Of the rights Of the other members
Union by the vote Of its people assembled in Con.
Tenton, SO one Of them may retire from the Union
N similar manner by the vote Of such aconvention.
In order to justify secession constitutional remedy
I must be on the principle that the Federal Government
mere voluntary association of sates to be dissolved
This be So the Confederacy rope Of sand to be pene
rated and dissolved by the first adverse wave Of public
IN any Of the ssasss In this our thirty
arring, and hostile republics each retiring from the
Union without responsibility, whenever any sudden
element might mpel them to such course. By this
process Union might be entirely broken into fragments
few weeks. which cost our forefathers Of
TOLL privation, and blood to establish.
euch principle is wholly Inconsistent " ith the his.
tory well the character Of the Federal
care it was submitted to conventions Of the people Of
the several States for ratification Its provisions were
discussed at length in these bodies composed Of the rs
men OF the country. Its opponents contended that
conferred powers upon the Federal Government danger
to the rights Of the States whilst Its advocates main
tanned that under fair construction Of the instrument
there was foundation for such apprehensons. In
that mighty struggle between the first inteecs OF this
any other country it never occurred any individual
either among its opponents advocates. TO assert,
to intimate that their efforts all vain labor,
because the moment that State felt aggreved
gument would this have proved against those who
dreaded that the rights of the States would bs endan
lB,
til many years after the origin Of the Federal Govern
men that such proposition frst advanced. 1t
then met and refuted by the conclusive arguments Of
General Jackson. who in his message of 10th January,
1885, transmitting the nullfying ordinance Of South Car
olina to Congress, employs the following language
themselves at WILL and without the consent of the other
States from their most solemn obligations and hazard
the liberty and happiness Of the millions composing this
Union, acknowledged. Such authority is bs
eved to be utterly repugnant both to the principles
tn Eh
Itis not r.tended that any clause in the Constitution
gives countenance to such theory 1t is altogether
founded upon inference, not from language contain
ed in the instrument ITSELF but from the sovereign char
cter Of the several States by which ratified But
yield portion of its sovereign rights the
mainder! In the language of Mr.. Madison, who has
ed by the stesthat is by the people in each of the
States, acting in their highest sovereign capaciy and
formed by the authority which formed
Nor is the Government of the United States, created
by the Constitution less Government in the strict sense
created by the constitutions Of The States
are within their several spheres. 1t is like them
ganized into Legislative executive, and judiciary depart
ments. It operates like tnem directly on persons and
things; and, like them, it has at command physical
force for executing the powers committed toit."
intended to be perpetual and not to be annuled
at the pleasure of any of the contracting parties
The old articles of confederation were entitled Arcle
Of Confederation and Perpetual Union between the
sates and by 18th article it is expressly declared
that the articles Of tits Confederation shall be invola
bly, observed by every State and the Union shall be
getua The preamble to the CONSTITUTION o. the 9ritet
federation rectes that it was established in order
form more perfect union" And yet it is eontendet
that this more perfect union does not include the es
sential attribute Of PERI euity.
But that the Union was designed to be perpetual ap
powers conferred by the Constitution the Fedora
Government. These powers embrace the very highes
attributes Ct national sovereignty They place both tn
sword and the rurse under its control Congress ba
power to make war, and to make peace; to raise an
support armies and naves and to conclude treaties witt
foreign goTernments. 1t is invested with the
coin money, and to regulate the value thereof, and
regulate with foreign nations, and among tn
several States 1t is necessary to enumerate tn
Federal Government In order to carry the enumerae
powers into effect Congress the exclusive righ
lay and collect duties imports and in common wit
| the States to lay and collect all other taxes.
But the Constitution has not only conferred these hg
powers upon Congress but has adopted eecsual mean
that purpose has, in strong prohibitory Language
expressly declared that no State shall enter into an
alliance confederatlon grant letters Of marqu
and ireprisal coin money; emit bills Of credit; max
nythng but gold and silver coin tender in payment
debts any bill of attainder, ec post tato law,
law impair!ng the obligation of contracts. Moreover
'swthout the consent of Congress- State shall la
any mposts duties any imports or exports, exceI
specon laws" and they exceed this amount, the eS
!! cess shall belong to the united4 S tates.
And no State shall, without the consent of Congress
lay any duty of TONNAGE keep troops, ships Of
time of peace enter into any agreement or pact wit
i
war; unless actually invaded in such imminent dar
| ger as will not admit Of delay"
In still further the uninterrupted
else of these high against State nterpositicn
sprovided athat tins Constitution and the laws Of IL
United States which shall be made in pursuance hereo
and all treaties made, which shall be made. under
authority of the United States, sha be the supreme la
the and the judges in every State shall be boun
thereby in the or laws sta
| to the contrary notwithstanding
The solemn san cton Of religion has been superadded
tho obligations Of official duty and all senators and rel
faf,u IF init all pem
legislatures, and all executive and judicial officers 'bo
of the United States and of the several States, shall
bound by cain affirmation to support this Constit
In order to carry into effect these powers the Cons
ton has established perfect form
Legislative, Executive, and Judicial, and this Cover
ment to the extent of its powers, acts directly upon
individual citizens Of State and executes its
DEGREES by the agency OF its own officers In this respe
it differs entirely the Government under the o
Confederation, which was confined to making requis
tions on the States in their sovereign character Th
left discretion of each whether to obey to
fuse and they often declined to comply with such reqr
sitons. 1t thus became necessary, for the purpose
feet Unisn," establish Government which could
directly upon the people, and execute its own laws wit
ont the intermediate agency OF the States. This
been accomplished by the Constitution Of the Unit
States.
and deriving its authority from the sovereign people
each of the several Statfs, has precisely the rig
exercise its power the people of all these State
over subjects not delegated heUnited States but
served to the States respec the people,"
To the extent of the delegated powers the Constitute
Of the United States is much part OF the constitute
each Sate and as binding upon its people as thou
1t had been textually inserted therein.
This Government therefore, is a great and powerf
invested with all the attributes ofsovereig
y over the special to which its authority extend
Its trainers intended to implant in its bosom
seeds of its destruction, were they create
guilty of the absurdity of providing for its dssol
ton. It not intended by its trainers to be the bas
less fabric of vision which at the touch of the enchant
would vanish into thin air. but substantial and ms
fabric capable Of resisting the slow decay Of time and
defyng the storms OF Indeed, well may the
patriots that day have INDUCED fears that
ment Of such high powers might violate the reserv
q strict construction Of these powers to prevent q
dangerl But they did not fear, had they any
to imagine, that the Constitution would ever be
terpreted enable State, by her act, al
her people from all any of their Federal obligation
Itmsy be asked, then. are the people Of the Stat
without redress against the tyranny and oppression
the Federal Governmentf By no means. The right
resistance the part Of the governed against the
preston of their governments cannot be denied. It
ercised at all periods Of the worlds history. Under
!, old governments have been destroyed, and new on
have taken their place. 1t is embodied in strong
express language in our own Declaration Of Indepe
dence. But the distinction must be observed, tn
this is revolution against an established Government
rent constitutional right In Short let look the da
ger fairly in the face Secession is neither le
t than revolution Itmay or may not be a jusdfah
a revolution but still it is revolution. 49,
What in the meantime, Is the responsibility and tr
position of the Executive? He is bound by solemn
- faithfully executed" and from this obligation he
mi he absolyed by any human power. But what if 4