Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1860-12-07

tbe several States by which it was ratified. But
is il beyond the power Of State, like an indi
yidual, to yield portion Of It's sovereign rights
to secure the remainder? In the language of
Mr.. Madison, who has been called the father Of
the Constitution, at 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 tho Government Of the United
States, created by the Constitution, less Gov
ernment in the strict sense Of the term, WITHIN
the sphere Of it's powers, than the governments
created by the constitutions of the States arc,
within their several spheres. 1t is, like them,
organized into legislative, executive, ana judi
cisrv departments. 1t toperates, like them, di-
recty on persons and things; and, Ike Them
it has at command physical force for cXecu-
ting the powers committed to i.
It was intended to be perpetual, ana not to
be annuIcd at the pleasure Of any one OF the
contracting parties. The old articles OF con-
federation were entitled ".trtclcs Of Conftr!c-
ration and Perpetual Union between the
States" and by the 18th article it is expressly
declared that 1.-The articles Of this Coniedcra-
ton shall hc inviulabIv observed by every
State, and the Union shall be perpetual. -
The preamble to the Constitution Of the United
States, having express reference to the articles
of Confederation, rccitcS that II was established
''n order TO form more perfect union. -
And vet it is contcndch that this "morc per-
feet union" does not inclnde the essential at
tribute Of perpctuity.
| But that the Union was designed to be per
petual appears ccncuSiyely Ir"r1 the nature
and extent Of the powers conferred by the
Constitution on the Federal Government
These powers embrace the very highest attrl-
buteS Of national sovereignty. They place
hoth the sword and the purse under It's control.
Congress has power to make war, and 10 make
peace, to raise and dsupportarmcs aud navies, and
to conclude treaties with foreign governments.
1t is invested with the power 10 coin money,
and TO regulate the value thereof and TO rcgu-
| late commerce with foreign nations, and among
the several States. 1t is not necessary to emu.
mcrate the other high powers which have been
conferred upon the Federal Government. In
order to carry the enumerated powers into ct-
feet, Congress possesses. the exclusive right 10
lay and collect duties on imports. and in COM
mon with the States 10 lay and collect ali other
taxes.
But The Constitution has not only conferred
these high powers upon Congress, but it has
/ adopted ctlectua means TO restrain the States
FROM interfering with their exercise For that
purpose it has in strong prohIbi'ory language;
expressly declared that no State shall enter into
any treaty, alliance, or confederation; grant let.
tiers Of marquc and drepri$al coin money; emit,
bills Of credit; make anything bat gold and
silver coin tender III payment Of debts pass
aly bill Of atiainder. Ir I,ost T'r'o law, or law
impairing the obligation Of contracts. More
over, "without consent of Congress, no State
shall Law any inpoSts or duties Cn any imports
or exports except what may be absolutely ne
cessary for executing It's inspection lawS
and, if they exceed this amount, The excess
shall belong to the United States.
And mo State shall, without Lhc consent .:
Congress, lay any lnty Of tonnage keep
troops or ships Of waa IN time of peace en-
ter into any agreement "T compact with another
State, or with a foreign power; or engage in
war, unless actually invaded, or i'll such inmi-
ncnt danger as.will not admit Of delay"
In order still farther to secure the Uninter.
rupted exercise. Of these high powers against
State intcrposition, it is provided ''tha! this
Constitution and the laws Of the United States
which shall be made in pursuance thereof ;
and all treaties made, oS which shall be made,
under the authority Of the United States, shall
be the supreme law Of the land; and tho
Judges in every State shall be bound there
by, anything in the Constitution or laws
Of any State TO the contrary Notwithstanding.
The solemn sanctioi Of religion has been Sl'
peraddcd to the obligations of ollic!ai duty,
and all Senator'S and Representatives Of the
United States, all ncWbcrs of State Leg!s'
latures, and all executive and Judicial officers,
both Of the United Ststes anu of; the sc"cTal
States, shall he bound bN oath or affirmation 10
support this Constitution
In order to carry into effect these powers, the
Constitution has c:tabiiS he'd Il perfect Govern.
ment in all its forms, Legislative, Executive,
and judicial; and this Government, 10 the cN.
tent of its powers, acts directly upon the indl.
vidual citizens of every State, and executes its
own DEGREES by the agency OF its own officers.
In this respect it differs entirely from the Gnv-
ernncnt under the Old Confederation, which
was confined to making acquisitions on the
States in their sovereign character. This left
it in the discretion Of each whether to obey or
to refuse, ard they often declined to comply
with such reQuistioIs 1t thus became ncccS-
sary, for the purpose Of removing this barrier,
and "in order to form more pcrlcc; Union, TO
establish Government which could net direct
" upon the people, and execute lis own laws
without the intermediate agency Of the States.
This has been accomplished by the Constltti'
ton 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 righ! 10 exercise
its power over the pcopl" Of AL these States, in
the enumerated cases, that each one 0! them
II, ,t.Ht IN Ina
United States but PRESERVED to the States, re-
spectively, or to the people.
TO the extent of the delegated powers thc
Constitution of thc Upitcd State is much a
part OF the Constitution Of each States, and Is
as binding upon its people, as though 1t had
been tcxtually inserted therein.
This Government therefore, is great and
powerful Government, invested with nil the At
tributes of sovereignty over the special sub
ects to which its authority extends. It's f'an-
ers never intcnded to implant in It's bosom the
seeds Of its own destruction, nor were they at
its creation guilty Of the absurdity OF providing
for it's own dissolution II Was not intended
by it's trainers To bc the basclcsS fabric OF Il
vision which, at the touch Of the cnchantcr.
would vanish into thin air, but substantial
and mighty fabric capable Of resisting the slow
decay of time and n( dcfyiug the stormS of
ages Indeed, we'll may the jealous p>trots of
that day have iudulgcd fears that Il government
of such high powers might violate TIC reserved
rights of the States, and wisely did they adopt
the rule of stric, construction Of these powers
to prevent danger! But they did not fear, nor
had they any reason to imaginc, that the Con-
sttuton would ever be 50 interpreted as to en-
able any State by her own act, aud without
the consent of her sister States. to discharge
her people from all or any Of their Federal Oh.
legations.
1t may he asked, then, are the people of the
States without icd,esS against the tyranny and
oppression Of the Federal Government? Ey
no means The right Of resistance on the part
Of the governed against the oppression OF their
governments cannot he denied 1t exists indc.
pendently of all constitutions, and has been eXcr
,ic.J NJ oil ,,o,oIs of tina ycorlI'r history lin.