The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-12-05
our forefathers many years Of tor, privstion and
blood to establish.

blood to establish.
Such principle is wholly inconsistent with the
HISTORY as well rs the character Of the federal
sLtuuon. After II was framed, with the greatest
del.beration and care, 1t WAS submitted TO conven
tons OF the people OF the several States for rati
cation. is provisions were discussed at length In
these b0dies, composed OF the first of the ,oun
| try. It's opponents contended that 1t conferred
powers upcn the federal government dangerous to
the rights of the States whilst its advocates main
tainec that Under fur construction OF the instru
ment there was No forsdation for such apprehen
sions. In that mighty struggle between the first
intellects Of this or any other country, II
never occurred TO any individual, either among
its opponents or advocates, to assert or even
to intimate that their efforts were all vain labor,
because the moment that any State felt herself az
grieved she might secede from the Union. What
q crushing argument would this have proved
against those who dreaded that the rights of the
States would be endangered by the consti luton.
The truth is that II was not until many years after
the origin OF the federal government that such =
proposition was first advanced. II was then met
and refuted by the conclusive arguments Of Gene.
raj jackson, who in his Message Of 10th January
1888, transmitting the nullifying ordinance OF
South Carolina to Congress, employs the following
lsnguage:-'The right OF the people Of single
State TO absolye 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 CON-
posing this Union, cannot be acknowledged
such authority Is believed to be utterly re-
pugnant both to the prin cpes upon which the ge
neral government Is constituted and to the objects
which il was expressly formed to attain.n
1t is not pretended that any clause in the consti
tu,ion gives countenance TO such theory. 1t Is
altoge her founded upon inference, not from any
language contased in the instrument itself, but
from the sovereign character OF the several States
by which 1t was ratified. But Is it beyond the
power OF State, like individual, to yield por
ton of its sovereign rights to secure the remainder
In the language OF Mr.. Madison who has been call
ad hp al her NJ tha vi
by the Sta,esthat Is, by the people In each of the
States acting in their highest sovereign 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 q government In
the strict of the term, within the sphere OF
constitutions Of the states are within their several
spheres. II is, like them, organized into legsla
tive, executive and judiciary departments. 1t
operates, like them, directly on persons and things
and, like them, il 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 of the contract
ing parties. 1he old articles OF confederation
were entitled Articles of Confederation and Per.
petual Union between the States and by the 18th
article it is expressly declared that "the arti-
ces Of this confederation shall be inviolably OBJ
served by every State, and the Union shall be per-
petual.n The preamble TO the COM ltituiion OF the
United States having express reference to the art
ces OF confe deraton reciIes that II was established
lin order 10 form III ore perfect union.p And yet
il Is contended that that this more perfect union
does not include the essential attribute Of per-
petuiiy.
But that the Union was designed to be per ,etua
appears concusveiy from the nature and extent of
TIE pow ers conferred by the constitution on the
federal government. These powers embrace the
very highest attributes OF national sovereignty.
They place both the sword and the purse under its
control Congress has power TO msks war, and
to make peace; 10 raise and support armies and
navies and 10 conclude treaties with foreign go.
vernmebts II is invested with the power TO coin
money, and TO regulate the value thereof, and 70
regulate commerce with foreign nations, and
among the several States. II Is not necessary To
enumerate the other high powers which baye been
conferred upon the feoeral government. In order
to carry the enumerated powers into effect, Con
Rress possesses the exclusive right TO lay aud col
iect duties Oh imports, and 10 commol with the
States TO lay and collect ali other taxes
But tbe constitution has not only conferred these
high powers upon Congress. but II has adopted ell
fecusl means To restrain the states from interfering
with Their exercise. For that purpose II has In
strong prohibitory language, expressly declared
tba, no state shall enter into any treaty. alliance
or confederation; grant letters Of marque drepn-
sal; coin money; emit bills OF credit; make any
thing but gold aud silver coin tender in payment
OF debts; pass any bill OF attainder err post Jdcf0
law or law impalring the obligation OF contracts"
Moreover, "without the consent NJ Congress- no
State shall Law any mposs or duties on any IMPORTS
or exports, except what may he absolutely neces.
cary for executing its Inspection laws; and, II
TO the United States.
And mo state shall. without the consent Of Con-
Press, lay any duty OF tonnage; Keep troops or
ships-ofwar in time OF peace enter into any agree
/ ment or compact with another state, or with To-
reign Power; or engage In war, unless actually in
vaded, or In such imminent danger as viii not ad
/ nit o. delay
In order s,ill further 10 secure the uninterrupted
exercis, sf these high powers az inst safe Ia er.
position, il ia provided that this constitution aud
the laws Of the United States which shall be made
/ In pursuance thereof, and all treaties made or
\ which shall be made under the authority OF tie
\ UDited States shall be the supreme Law Of the
land: and the judges in every state shall be bound
thereby, any thing In the constitution OF las Oh
one State TO the contrary notwithstanding"
The solemn sanction Of religion has been super.
! added TO the obligations Of official duty, ana all
Senators and Representatives. OF the United States,
ell members Cf State Legislatures, and all exeeu
tive or judicial officers, both OF the un'sd y ues
and OF the several States, shall be bound by oath
| or sfirmafon 10 osupport this constitution"
/ In order TO carry into effect these powers, the
Constitution has established perfect government
In all IL forms, legislative, executive and judi
cial; and this government, 10 the extent OF
It's powers, acts directly upon the Individual
/ citizens Of every State, and executes ia owa
cecrees by the agency Of i's own officers. 10 thls
respect Ii differs entirely from the government M
| der the old confederation, which was confined to
makiug rtqui iiions on the 5taes 10 Their sovereign
character. This left il IN the discretion OF eacn
wheih. TO obey 10 refuse and they often
20 comply with such requisi'ions. IL thus pee sme
necessary, for the purpose OF removing this par
! rier and I'm order 10 form more perfect U1ion,
10 .stsbli.h A government which could act directly
! upon the people and execute its own laws without
I the intermediate agency OF the States. This has
been accomplished by the constitution oil the United
| States.
In short, the government created by the consu
tuition, aud deriving t. authority fron the sove'
reign people of each OF the several States, has pre-
cisely the same right to exercise s power over the
people OF sl these states, In the enumerated cases
| iha: each one OF them possesses over subjects no
| delegated TO tho United States, but reserved 70
the states respectively, or to the people,"
To ihs extent OF the delegated powers the con
stitution Of the United states Il es much part u
the constitution OF each State, and Is as binding
upon it, people, as though II had been 'extuaiiy in
serted therein.
This government, therefore, is great and pow
erful government, invested with Oil the attributes
Of sovereignty over the special subjects TO which
H. authority extends. Its trainers never INTENDED
to implant In its bosom the seeds OF its own des
uucton, nor were they at its creaon guilty OF tn
absurdity Of providing for its own dissolution \
was not intended by its trainers TO be the basees'
III xl. S...lk .xft thn nm