Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-12-06

! transmitting Ln3 uulllIyluB OFulnhuo6 OF
South Carolina to Congress, employs the
| following language" right Of the peo-
pie ofa single State TO absolve 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 the Union, cannot
be acknowledged. Such authority is be-
lieved 10 be utterly repugaant both TO the
| principle upon which the general govern
ment is constituted and to the objects which
it was expressly formed 10 attain"
1t is not pretended that any clause in the
| Constitution gives o0untenance to such
theory. 1t is altogether founded upon in
/ ference, not from any language contained
in the instrument ITSELF but from the sov.
ereign character Of the several States by
which it wss ratified. But is it beyond the
power Of q State, like an individual, to
yield & portion Of its sovereign rights to Sc
cure the remainder2 In the language Of
Mr.. Madison, who has been called the IA
ther Of the Constitution at was formed
by the States, acting in their highest sover-
eigh capacity; and formed consequently by
the same authority which formed the State
constitutions
Nor is the government Of the United
States, created by the Constitution, less a
government in the strict sense Of the term,
within the sphere Of its powers, than the
governments created by the constitutions
Of the States are, within their several
spheres It is, like them, organized into
legislative, executive and Judiciary depart
ments. It operates, like them, directly on
persons aud things; and, like them, it has
at command physical force for executing
the powers committed to it.
1t was intended to be perpetual, and not
to be annulled at the pleasure of any one
of the contracting parties. The old articles
Of confederation we're entitled "Artieles of
Confederation and Perpetual Union be-
tween the States;n and by the 18th article
it is expressly declared that "the articles
of this confederation shall be inviolably OBJ
served by every State, and the Union shall
be perpetual" The preamble to the Con-
stitution Of the United States, having ex-
press reference TO the articles Of eonfedera-
tion, recites that 1t was established Sin or
der to form more perfect union" And
yet it is contended that this "mOre perfect
union" does not include the essential attri-
butte of perpetuity.
But that the Union was designed to be
perpetual, appears conclusiVely from the
nature and extent Of the powers conferred
by the Constitution upon the federal gov
ernment. These powers embrace the very
highest attributes Of national sovereignty.
They place both the sword and the purse
under his control Congress has power to
make war, and to make peace, to raise and
support armies and navies, and to conclude
treaties with foreign governments. 1t is
invested with the power to coin money, and
to regulate the value thereof, and to regu-
late commerce with foreign nations, and
among the several States. 1t is not neces-
sary 70 enumerate the other high powers
which have been conferred upon the federal
government. In order to carry the enumer-
ated powers into effect Congress possesses
the exclusive right to lay and collect duties
on imports, and in common with the States
TO lay and collect all other taxes.
But the Constitution has not only con-
ferred these high powers upon Congress,
but it has adopted effectual means to re-
strain the States from interfering with their
exercise. For that purpose, il has, in strong
prOhibitOry language, ex pressly declared
that "no State shall enier into any treaty,
alliance or confederation; grant letters of
marque and reprisal; coin money; emit bills
VI oASAAt3 manu- oAiJ AAAuA Dub BOtu huQ BllN6E
coin g tender in the payment of debts; pass
any bill of attsinder, ez post faeto law, or
law impairing the obligation Of contracts"
Moreover, "without the consent of Congress,
no State sholl lay any iwpOsts or duties
upon any imports or exports, except what
may be absolutely necessary for executing
its inspection laws" and if they exceed
this amount, the excess shall belong to the
United States.
Aud mo State shall, without the consent
Of Congress, lay any duty of tonnage
keep troops, or ships-of-War, in time Of
peace; enter into any agreement or COM
pact with another State, or with foreign
power; or engage in war, unless actually
invaded, or in such imminent danger as
will not admit Of delay" 4
In order still further to secure the un-
interrupted exercise of these high powers
against State interposition, it is provided
'thst this Constitution and the laws of the
United States which shall be made in pur-
suance thereof; and all treaties made or
which shall be made, under the authority
of the United States, shall be the supreme
law of the land; and the judges in every
state shall be bound thereby, anything in 4
the Constitution or laws of one State TO the |
contrary notwithstanding"
The solemn sanction oTreligion has been |
superadded to the obligations Of official |
duty, and all Senators and Representatives |
of the United States ell members Of Stale |
Legislatures, and all executive or Judicial |
officers, " both of the United States and Of |
the several States, shall be bound by oath |
or affirmation to support this COnstitu-
ton"
In order to carry into effect these pow I
ers, the Constitution has established a per |
feet government in all its forms, legisla- |
tive, executive and Judicial; and this gov
ernment, to the extent of its powers, acts /
directly upon the individual citizens of
every State, and exercises its own DEGREES |
by the agency of its own officers. In this |
respect it differs entirely from the govern
ment under the old confederation, which |
was confined to making acquisitions on the |
States in their sovereign character This /
left it in the discretion Of each whether to
obey or refuse, and they often declined to |
comply with such requisitions. Il thus be- |
came necessary, for the purpose Of remov-
ing this barrier, and "in order to form a /
more perfect Union" to establish govern |
ment which could act directly upon the peo-
pie and execute its own laws without the |
intermediate agency Of the States. This |
has been accomplished by the Constitution
Of the United States.
In short the government created by the
Constitution, and deriving its authority /
from the sovereign people of each of the |
several States, has precisely the same right |
to exercise its power over the people Of |
al these States, in the enumerated cases
that each one Of them possesses over subjects
not delegated to the United States, but "re-
served to the States, respectively, or to the
people"
To the extent of the delegated powers
the Constitution Of the United States is as
mush part Of the Constitution of each |
State, and is as binding upon its people, as
though 1t had been textually inserted there
in.
This government therefore, is great
and DOWerful OnvernmanE invaefad nth /