Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1860-12-11

ual to yield portion OF Its sovereign rights t(
secure the remainders In the language of Mr.
Madison, who has been called the father Of thu
Constitution SIT was formed by the States
that is, by the people in each Of the States, act
ing in the highest sovereign capacity; and form
ed consequently by the same authority which
formed the State constitutions"
'sNor is the Government of the United States
created by the Constitution less Government
in the strict sense of the term, within the sphere
of it powers, than the governments created by
the constitutions of the States are within thei1
several spheres 1t is like them, organized into
legislative, executive and judiciary departments
It operates, like them, directly on persons ant
things; and, like them, it has at command {
physical force for executing the powers commit
ted to it"
But that the Union was designed to be per
petual appears concusively from the nature anG
extent of the powers conferred by the Oonstitu-
ton 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 make war, and to make
peace; to raise and support armies and navies
anG to conclude treaties with foreign govern
ments 1t is invested with the power to coir
money, and to regulate the value thereof, and tc
regulate commerce with foreign nations, and a.
mong the several States. 1t is not necessary tc
enumerate the other high powers which have
been conferred upon the federal government
In order to carry the enumerated powers into
effect, Congress possesses the exclusive right te
lay and collect duties on imports, and in common
with the States to lay and collect all other taxes
| 1t was intended to be perpetual, and not to be
anulled at the pleasure of any one of the contract
| ing parties. The old articles of confederation
were entitled <'Artcies of Confederation an6
| Perpetual Union between the States;" and BY
the 18th article it is expressly declared that ths
articles of this Confederation shall be inviolably
observed by every State, and the Union shall b
perpetual" The preamble to the Constitution
of the United States, having express reference
to the Articles of Confederation, rectes that i
was established sin order to form more perfec
union." And yet it is contended that this
''more perfect union" does not include the ess
sential attribute OF tperpetuity.
| But the constitution has not only conferred
these high powers upon Congress, but it has q
dopted effectual means to restrain the States
from interfering with their exercise. For tina
purpose it has, in strong prohibtory language
expressly declared that mo State shall enter in
to any treaty, alliance or confederation; gran
letters of marque-or reprisal; coin money; emf
bills of credit; make anything but gold and sill
yer coin tender in payment of debts; pass any
bill of attainder, expost facto law, or law impair
/ ing the obligation of contracts" Moreover
s'without the consent of Congress, no State shall
| lay any imposts or duties on any imports or ex
ports except what may be absolutely neces-
sary for executing its inspection laws" ant
if they exceed this amount, the excess shall be
long to the United States
And mo State shall, without the consent o
Congress, lay any duty of tonnage; keep troops
or ships OF war, in time of peace; enter into an.
agreement or compact with another State, o
with foreign power; or engage in war, unles
actually invaded, or in such imminent danger o
will not admit of delay"
/ In order still further to secure the uninter.
rupted exercise OF these high powers agains
State interposlion, it is provided "that thi
Constitution and the laws of the United State
which shall be made in pursuance thereof, ant
all treaties made, or which shall be made unde
the authority of the United States, shall be th
supreme law of the land !; and the judges in eve
ry State shall be bound thereby, and anything il
the. Constitution or lave of any State to the con
trary Notwithstanding
The solemn sanction of religion has been su
peradded to the obligations of official duty, ant
all Senators and Representatives of the Unitst
States, all members of State legislatures aud al
executive and judicial officers, ''both OF the Uni
ted States and of the several States, shall b
bound by oath or affirmation to support thi
constitution"
In order to carry into effect these powers, tn
Constitution has established perfect Govern
ment in all its forms. Legislative, Executive
and Judicial and this Government, to the ex
tent of its powers, acts directly upon the indi
vidual citizens of every State, and executes it
own DEGREES by the agency of its own officers
In this respect it differs entirely from the Gov.
ernment under the old Confederation, whicl
was confined to making requlsitions on tn
States in their sovereign character. This left i
in the discretion of each, whether to obey or Il
refuse, and they often declined to comply will
such acquisitions. 1t thus became necessary
for the purpose of removing this barrier, ant
sin order to form a more perfect Union," to es
tablsh Government which could act directl,
upon the people, and execute its own law
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 Con
stitutioD, and deriving its authority from The
sovereign people of each of the several States
has precisely the same right to exercise its pow
er over the people of all these States, in the e.
numerated cases, that each one of them possesses
over subjects not delegated to the United State
but reserved to the States, respectively, or t.
the people"
To the extent of the delegated powers the Con
stitution of the United States is as much par
of the Constitution of each State, and is as bind
ing upon its people as though it had been tex
| tually inserted therein.
This Government, therefore, is great anG
powerful Government, invested with all the at
tributes of sovereignty over the special subjects
to which its authority extends. Its trainers nev
er intended to implant in its bosom the seeds O.
it's own destruction, nor were they at its crea
tion guilty of the absurdty of providing fo- it
own dissolution. 1t was not intended by its
trainers to be the baseless fabric of vision
which, at the touch Of the enchanter, would
vanish into thin air, but substantial and mighty
fabric, capable of resisting the slow decay o
time and of defying the storms Of ages. Indeed,
well may the jealous patriots of that day have
INDUCED fears that a government of such high
powers might violate the reserved rights Of the
States, and wisely did they adopt the rule of a
strict construction of these powers to prevent
the danger! But they did not fear, nor had
they any reason to imagine that the constitu-
tion wonld ever be so interpreted as to enable
any State, by her own act, and without the con
sent of her sister States, to discharge her people
from all or any of their federal obligations.
1t may be asked, then, are the people of the
States without redress against the tyranny and
oppression of the Federal Government By no
means. The right of resistance on the part OF
the governed against the oppression Of their
governments cannot be denied 1t exists inde-
pendenty of all constitutions and has been exer-