Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1860-12-06

etVe arguments Of General iJAokeon,I who
in his Message Of l6thll January,f I 933,
transmitting the nullifsing ordinance Of
South Caroline 70 Congress, employs the
following language right Of the peo-
pie ofa single State 10 Rbsolve themselves at
Twill, and without the consent Of the other
j States from their most solemn obligations,
and hazard the liberty and happiness Of
the millions composing the Union, cannot
z be acknowledged. losaoh authority Is be.
lievsd TO be utterly repugnant both TO the
principle upon which the general govern
ment Is constituted and to the objects which
IL was expressly formed to attaing' 5lA.I
Ai II is not pretended that any clause in the
Constitution gives oountenaDoe TO such q
theory. 1t lis 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 70 But lie Il beyond the
power of State, like an individual, to
yield portion of its sovereign rights 10 Sc
cure the remainder In the language Of
Mr.. Madison, who has been called the fa-
ther Of the Constitution: at was formed
by the States, aoting in their highest sover-
eigh capacity; and formed consequently by
the same authority which formed the STATE
constitutions lai H
10 Nor is the government Of the United
States, created by the Constitution less q
government in the strict sense efthe term,
within the sphere of its powers, than the
governments created by the constitutions
Of the States are, within their several
| spheres. II is, like them, organiged into
Legislative, executive and judiciary depart
ments. Il operates like them, directly on
persons aud things; and, like them, IL has
at command physical force for executing
the powers committed to it. aH.flt
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 were entitled "Articles of
Confederation and Perpetual Union be-.
tween the Ststesi' and by the 18th article
il is expressly declared that '1he articles
of this confederation shall be inviolably oh.
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 confedera-
tion, recites that it was established ain or
| der to form more perfect union" And
yet 1t is eontended that this ''more perfect
union does not include the essential attri-
butte of perpetuity. fa
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 recu-
late commerce with foreign nations, and
among the several States. IL is not neces-
sary TO 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 il has adopted effeotual means to re-
strain the States from interfering withthoir
exercise. For that purpose, it has, in stI one
| prohibitory language, expressly declared
that "no State shall enter into any treaty.
alliance or confederation; grant letters of
marque and reprisal; coin money; emit bills
Of credit; make anything but gold and silver
coin a tender in the payment of debts; pass
any bill Of attainder, ca post facto law, or
law impairing the obligation of contracts
Moreover, "without the consent of Congress.
no State sh II lay any imposts 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.
And 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 witha foreign
power; or engage in war, unless actually
invaded, or in such imminent danger fas
will not admit of delay"
In order still further TO secure the un-
interrupted exercise of these high powers
against State interposition, it is provided
'that 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
the Constitution or laws of one State 10 the
contrary Notwithstanding.
The Solemn sanction ofreligion has been
superadded to the obligations of official
duty, and all Senators and Representatives
of the United States, all members of Stale
legislatures, and all ex ;cutive or judicial
officers, Z" both Of the United States and of
the several States, shall be bound by oath
or affirmation to support this Constitu-
tion.h
In order to carry into effect these pow
ers, the Constitution has established per-
feet government in all its forms, legisIa-
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 decrees
by the agency Of its own officers. In this
respect II differs entirely from the govern
ment under the old confederation, which
was confined to making requisitions on the
states In their sovereign character. This
LETT II IN the discretion of each whether TO
obey or refuse, and they often declined to
comply with such requisitions, 1t thus be-
came necessary, for the purpose of remov-
ing this barrier, and 'in order to form a
more perfect Union" to establish Rovern-
ment which could act directly upon the pso-
pie and execute its own laws without the
iH'0. 'NSN1'0 aSency OF Inc oLates. 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 It's power over the people of
all these States, in the enumerated cases
that each one Of them possesses over subjects
not delegated to the United States, but "re-
neonIe - '-. - - ~ T1F