Spirit of the age. [volume] (Raleigh, N.C.) 1849-1865, 1860-12-12

OF the other States, from their most n
solemn obligations, and hazard the liberty t
and happiness of the millions composing this
Union, cannot be acknowledged. Such au ,
thority is believed to be utterly r~epugnant, {
both to the principles upon which the Gene
raj Government is constituted, and to the
objects which it was expressly formed to at
tain"
1t is not pretended that any clause in the
Constitution gives countenance to such a
theory. 1t is altogether founded upon infer
renee, not from any language contained in
the instrument itself, but from the sovereign
character of the several States Aby which it
was ratified. But it is beyond the power of
a State, like an individual, to yield a portion
Of its sovereign rights to secure the remain
der? In the language of Mr.. Madison, who
has been called the father of the Constitution:
1T was formed by the States-that 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 a
Government in the strict sense of the term,
within the sphere of its powers, than the
government created by the constitution of
the States are, within their several spheres.
1t is, like them, organized into legislative,
executive, and judiciary departments. 1t
operates, like them, directly on persons and
things and like them, it has at command a
physical force for executing the powers com
mitted to it"
1t was intended to be perpetual, and not
to be annulled at thsNleasure of any one of
the contracting parties. The old articles of
confederation were entitled ARTICLES of
Confederation and Perpetual Union between
the States; !" and by the 18th article it is
expressly declared that ''the articles of this
Confederation shall be inviolably observed
by every State, and the Union shall be per-
petual." The premable to the Constitution
Of the United States, having express refer
renee to the articles of Confederation, r~ecites
that it was established Tin order to form a
more perfect union" And yet it is coDten-
ded that this more perfect union'' does not
include the essential attribute of perpctui-
ty.
But that the Union was designed to be
perpetual appears conclusively from the ma
ture and extent of the powers conferred by
the Constitution on the Federal Government
These powers embrace the very highest at
tributes of national sovereignty. They place
both the sword and the purse under its con
troll. Congress has power to make war, ant
to make peace to raise and support armie:
and navies, and to conclude treaties with for
eign governments. 1t is invested with tn,
power to loan money, and to regulate tn
value thereof, and to regulate inner Will
foreign nations, and among the severa
States. 1t is not necessary TO enumerate tn
other high powers which have been c~onferre
upon the Federal Government. Tn order t
carry the enumerated powers into efect
Congress possesses the exclusive right to la
and collect duties on imports, and in commo
with the States to lay and collect all othe
: taxes.
But the Constitution has not only ~conferre
these high powers upon Congress, but it h;
adopted ~effectual means to restrain the Stat,
! from interfering with their exercise. F.
l that purpose it has, in strong prohibition
language, expressly declared that "no Sta
{ shall enter into any treaty, alliance, or CO
= federation; grant letters of marque and r
v prisal coin money emit bills of credit NAL
S anything but gold and silver coin a tend
: in payment of debts pass any bill of attai
y der, ec post tacto law, or law impairing tt
I obligation of contracts" Moreover, 'wit
/ out the consent of Congress, no State shi
It lay any imposts or duties on any imports
!. exports, except whist may be absolutely /
d. cessary for executing its inspection laws
ID and, if they exceed ahis amount, the exec
% shall belong to the United States.
E. And "no State shall, without the conse
7e of Congress, lay any duty of tonnage; Ike
O. troops, or ships of war, in time of peac
III enter into any agreement or compact w
r another State, or with a foreign power;
u engage in war, unless actually invaded,
in such imminent danger as will not adj
u of delay"
In order still further to secure the un
at terrupted exercise of these high pow
tn against State interposition, it is provit
= ''that this Constitution and the laws of
Ill United States which shall be made in pur
ance thereof; and all treaties made, or VIII
shall be made, under the authority of
ny United States, shall be the supreme Law
the land and the judges in every State 81
be bound thereby, anything in the Const
ton or laws of any State to the contrary /
th. withstanding."
to The solemn sanction Of religion has b
superaddcd to the obligations of official dl
Ia and all senators and representatives of
Ivy United States, all members of State legi
nat lures, and all executive and judicial ofic
seq ''both of the United States and of the S
am raj States, shall be bound by oath or affr
Try ton to support this Constitution"
In order to carry into effect these pow
to the Constitution has established a pc,
Government in all its forms, Legislative,
ny ecutive and Judicial and this Governm
VIII to the extent of its powers, acts directly
IN on the individual citizens Of every State,
tn executes its own DEGREES by the agenc
hts its own officers. In this respect it di
= entirely from the Government under the
by Confederation, which was confined to 1
ing acquisitions on the States in their sc
ON eign character. This left it in the discre
cot of each whether to obey or to refuse,
they often declined to comply with sucl
!tu- QUESTIONS. 1t thus became necessary fol-
lpie purpose Of removing this barrier, and
vol order to form a more perfect Union" t
we'd tablish a Government which could &C
ing rectly upon the people, and execute its
IS a laws without the intermediate agency o
we'd States. This has been accomplished b,
1lon Constitution of the United States.
our In short, the Government created b,
Ives Constitution, and deriving its authority
re- the sovereign people of each of the Sc
lon, States, has precisely the same right to
iden else its power over the people of all
Gu a States. in the enumerated cases, that
be one of them possesses over subjects not
few gated to the United States but reserve
ears the States, respectively, or to the
pie"
To the extent of the delegated powers
Constitution of the United States is as
10 a part of the constitution of each State,
,ople ~ 49, up III roJp.I,
Its
heSe This Government therefore &c q prea