The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1860-12-12

In order to justify secession a constitu-
tional remedy it must be on the principle that
the federal government is mere voluntary
| association of States, to be dissolved at pleas
ure by any one of the contracting parties. IF
this be so, the confederacy is a rope of sand,
to be penetrated and dissolved by the first ad-
verse wave of public opinion in any of the
States. In this manner our thirty three States
may resolve themselves into as many petty,
jarring and hostile republics each one retiring
from the Union, without responsibility, when
ever any sudden excitement might impel them
to such course. By this p ocess Union
might be entirely broken into fragments in a
few weeks, which cost our forefathers many
years of toll, privatioas and blood to establish.
Such principle as sahoily innonsisteat with
| the history as well as the character or the fed
eral constitution. After it was framed, with
the greatest .deliberation and care, it was sub
mitted to conventions of the people of the sew
eral States for ratification. Its provisions
were discussed at length in these bottles, com-
posed of the first men of the country. Its
opponents contended that it conferred powers
upon the federal government dangerous to the
right of the States, whilst its advocates main
| tanned that Under fair construction of the
| Instrument there was no foundation for such
| apprehensions In that mighty struggle be-
! tween the FIRST inteleets of this or any other
country, it nerer 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 aggrieved she might
| secedc from the unicn. What crushing ar
gument would this have proved against those
who dreaded that the rights of the States
would be endangered by the constitution
The truth is that it was not until many years
after the origin of the federal government that
such proposition WAS first advanced It was
then denied and refuted by the conclusive ar.
guments of General Jackson, who in his Mes
sage of 10th January 1888, transmitting the
nulifying ordinance of South Carolina to Con-
grcss, employs the following language:
right of the people Of single State to absolve
themselves at will, and without tae consent of
the other States, from their most selemn otl-
grtons, and hazard the liberty and happiness
Of the millions composing the Union, cannot
be acknowledged. Such authority is believed
TO be utterly repuenant both to the principle
upon which the general government is consti-
tnted and to the objects which it was express
| " formed to attain" -
II is u ot pretended that any clause in the
! Constitution gives countcnance to such a theo-
ry. 1t is altogether founded upon inference,
rot from any language contained in the instru-
ment itself, but from the sovereign character
of the several States by which it was ratified.
But is it beyond the power of State, like an
individual, to yield portion of its sovereign
rights to secure the remainder? In the Ian
gnage of Mr.. Madison, who has been called
the father of the Constitution sit WAS formed
by the States, acting in their highest sovereign
capacity; and formed consequently by the
same authority which formed the State Con-
stitutions."
Nor is the government of the United States
created by the Constitution, less government
in the strict sense of tie term, within the
phere of its powers, than the governm ants
created by the constitutions of the States are
within their several spheres. 1t is, like them
organized into Legislative, executive and judi
ciary depa rtments. 1t operates, like them
it has at comma nd a physical force for execu
ting the powers committad to it.
1t was Intended to be perpetual, and not t.
be annulled at the pleasure of any one of th'
contracting parties The old articles of con
federation were entitled "Articles of confede
ration and Perpetual Onion between the States;
and by the 18th article it is sexpressly declare,
that "the articles of this confederation shall b.
inviolably observed by every State, and tn
Union shall be perpetual" The preamble t.
the Constitution of the United States, havin;
express reference to the articles of confedera
, ton, rccites that it was established ''in orde
to form more perfect union.p And yet it
contended that this "more perfect union,
does not include the essential attribute O
: perpetuity.
But that the Union was designed to b
= perpetual, appears conclusively from the ma
" ture and extent of the powers conferred b
: the Constitution upon the federal government
| These powers embrace the very highest attr
butes of national sovereignty. They piac
both the sword and the purse under his con
troll. Congress has power to make war, and
: make peace, to raise and support armies an
y navies, and to conclude treaties with foreig
u governments. 1t is invested witA the powe
= to coin money, and to regulate the value there
: of, and to regulate commerce with foreign ns
: tions, and among the several States. 1t is nc
= necessary to cnumerate the other high power
- which have been conferred upon the feder:
| government In order TO carry the enumers
{ ted powers into effect, Congress possesses tn
Z Z exclusive right to lay and collect duties on in
= ports, and in common with the States to la
:, and collect all other taxes
But the constitution has not only conferre
= = these high powers upon Congress, but 1t ha
II adopted effectual means to restrain the State
e from interfering with their exercise For tha
! | purpose, it has, in strong prohibitory languag
' expressly declared that 'sno State shall ente
into any other treaty, alliance or confederation
9 grant letters Of marque and reprisal; col
= money; emit bllls OF credit; make any thin
u but gold and silver coin tender in the pay
. ment of debts; pass any bill of attaiuder, e
+ post frcto law. or law impairing the obligatio
= of contracts" Moreover, 'without the conser
y of Congress, no States shall lay any imposts c
u duties upon any imports or exports, exceE
d d what may be absolutely necessary for execl
- ting its inspection laws" and if they excee
:, II this amount, the excess shall belong to tt
4, United States.
u And ''no State shall, without the consent
!, Congress, lay any duty of tonnage; keep troop
!, or ships of war, in time of peace; enter int
II any agreement or compact with another Stat
less actually invaded, or in such Imminent dal
o ger as will not admit Of delay"
n In order stiH further to secure the uninte
y rupted exercise of these high powers again
IL State interposition, it is provided ''that tn
n Constitution and the laws of the United Stat.