Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1860-12-14

contended that ii conferred powers upon the
Federal Government dangerous to the rights Of
the States, whilst its advocates maintained that
under fair construction Of the instrument
there was no foundation for such apprehensions.
In that mighty struggle between the first intel
lects Of this or any other country, it never oc-
CURED 10 any individual, either among its op-
ponents or advocates, to assert, or even 10 lntI-
mate. that their efforts were all vain labor,
because the moment that any State telt herself
aggrieved she might seeede from the Union
What crushing argument would this have
proved against those who dreaded that the rights
of the States would be endangered by the Goa
sttution. The truth is, that it was not until
many years after the origin Of the Federal Gov
erninent that such a proposition was first ad-
vauced. ft was then met aud refuted By the
conclusive arguments of Gen Jackson, wLo in
his message of 18th January, 1888, transmit
ting the nullifying ordinance of South Carolina
to Congress. employs the following language:
"The right of the people Of single State to
absolye tbemselvesai will, and without the con-
sent of the other States, from their raoss solemn
obligations, aud hazard the liberty and happi-
ness of the millions composing this Unien,
cannot be acknowledged. Such authority IS
believed to be utterly repugnans both to the
principles upon which the General Government
is constituted and to the objects which il was
expressly formed TO attain"
Ii is not pretended that any clause in the
Constitution gives countenauoe to such theo-
ry. 1t is altogether founded upon inference,
not from any language contained in the instru-
ment itself, but flom the sovereign character
Of the several States By which it was ratified.
But is il beyond the power Of State, Ike an
individual, 20 yield portion of lbs sovereign
right to secure the remaindsrl in the language
of Mr. Madison, who has been called the father
Of the Constitution: sit was formed by the
States that is, by tha people in each Of the
States, acting in heirfhghest sovereignty ca
paeity; and formed consequently BY the same
authority which formed the State constitution. !"
4Nor is the Government Of the United States
created by the Constitution, less Government
in the strict sense Of the term, within the@EAtra
of its nowars. than the eogernsne4ts eFa rhAv
the constitutions of the States arc within their
several spheres. II is, ike them, organized
into legislative. executive, and judiciary de-
partmants. /, operates, like them, directly on
persons aud things and, like them 1t has at
command a physical force Cor executing the
powers committed to it.
1t was intended TO be pegpetuated, and not
to be annullsd at the pleasure of any one OF
the contracting parties The old articles OF
confederation were entitled "Articles OF Con-
federation aud Perpetual Union between the
States;' and by the 18th article it is expressly
declared that ''tha articles of this Confedera-
ton shall be inviolably observed by every State,
and the Union shall be perpetual" The pre-
amb,e to the Constitution Of The Uuitsd States,
having express reference to tue articles Of Goa
federation, recites that il was established sin
| order 70 form more perfect Union" And
yet it is conteaded that this "more perfect
Union'' does not include the esseatial attribute
Of perpetuitY.
But that the Union was designed to be per-
petual appears conclusivey from the nature and
extent of ths powers conferred by the Gonsti-
tuition on the Federal Government. These pow
ers embrace the very highest attributes of ua-
tional sovereignty. They place both the sword
aud the purse vuder it's control. Congress has
power 10 make war, and to make peace; to raise
and support armies and navies, aud TO conclude
treaties with foreign governments. 1t is in-
vested with the power to coin money, and to
regulate the value thereof, and to regulate COM
merce with foreign nations, and among the sew
eral States. 1t Is not necessary to enumerate
the other high powers which have been confer
red upon the Federal Government. In order
to carry the enumerated powers into effect
Congress possesses the exclusive right TO LAY
and collect duties on imports, and IN common
with the States 10 lay aud collect ell othel
] taxes.
But the Constitution has not only conferred
these high powers upon Congress, but it ha,
adopted efectuai means to restrain the State,
from interfering with their exercise. For tina
purpose it has, in strong prohibitory language
expressly declared thai E'no State shall ente
iuto auy treaty, alliance or confederation; gran
letters of marq1e aud reprisal, coin money: emf
bills OF credit; make anything but gold anI
silver coin tender in payment OF debts; pas
any bill of attainder er post fdcto law, or Law
impalring the obligation of contracts" More
over, "without the consent of Congress, M
State shall lay any imposts or duties on an.
imports or exports, except what may be abso
lutely necessary for executing its inspection
lsws;' aud, if they exceed this. amount, th
excess shall belong 30 the United States.
And .no State shall, without the consent 0
Congress, lay any duty Of tonnage; keep troops
or ships of war, in tine of peacei enter into an
agreement or compact with another State, o
with foreign power; or engage in war, unles
actually invaded, or in such imminent DANCE
as will not admit of delay"
In order still further to secure the uninter
rupted exercise of these high powers agalns
State lnterpostion, il is provided ''that thl
Constitution aud the laws of the United State
which shall be made in pursuance thereoti ant
all treaties made, OF which shall be made, IN
der the authority Of the United States, shal
be the supreme law of the land: and tho Judge
in every State shall be bound thereby, anything
in the Constitution or laws of auy State to tn
coatrarv notwithstanding"