Lewistown gazette. [volume] (Lewistown, Pa.) 1843-1944, 1860-12-06


vote of It's own people assembled 10 Conven-
ton, SO any one If them may retire from the
Union in similar manner by the vote OF such a
convention.
In order to justify secession as a constitution
al remedy, it must be on the principle that the
Federal Government is u mere voluntary asso.
ciatiOn OF States, to be dissolved at pleasure by
any one OF the contracting parties. If this be
so, the Confederacy is a rope of sand 10 be
penetrated and dissolved by the first adverse
wave OF public opinion in any of the States
In this manner our thirty States may re-
solve themselves into as many petty, arring,
and hostile republics, each one retiring from
the Union, without responsibility whenever
any sudden excitement might impel them to
such a course BY this process a Union might
be entirely broken into fragments in few
weeks, which cost our forefathers MANY years
of toll, privation, and blood to establish.
Such principle is wholly inconsistent with
the history as well as the character of 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
several States for ratification. It's provisions
were discussed at length in these bodies COM
posed of the first men of the country. Its op-
ponents coutended that it conferred powers
upon the Federal Government dangerous to the
rights 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 intelleCts of this or any other
country, it never occurred to any individual,
either among its opponents or advocates, to
| assert, or even to intimate that their efforts
were all vain lator, because the moment that
any State felt herself aggrieged she might
secede from the Union. What a crushing an
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. 1t was
then met and refuted by the conclusive argu-
ments of Gene al jackson, who in his message
of 18th January, 1888, transmitting the nulli-
| fying ordinance OF South Carolina to Congress,
employs the following language 1.-The right
! of the people O. a single State to absolyc them
selves at WILL and without the consent Of the
other States, from their most solemn obliga-
tions and hazard the liberty and happiness oI
the millions composing this Union, cannot be
! acknowledged. Such authority is believed tC
| be utterly Tepugnant both to the principles
upon which the General Government is coGsti
tuted and to the objects which it was expressy
! formed to attain.
1t is not pretended that any clause in in the
the Constitution gives countenance to such a
theory. 1t is altogether founded upon iufer-
ence, not from any language contained in the
instrument itself, but from the sovereign char
acter of the several States by which it wat
ratified. But is it beyond the power of State
| like an individual, to yield a portion of its
sovereign right to secure the remainder? In
the language of Mr.. Madison, who has been
called thefather of the Constitution ''It.was
| formed by the Stat9s-that is by the people il
each of the States, acting In their highest SOW
ercign capacity; and formed consequently by
the same authority which formed the State
! constitution"
- Nor is the Government of the United
States, created by the Constitution, less Gov
ernment in the strict sense of the term, within
the sphere of its powers than the governments
created by the constitutions of the States are
within their several spheres. 1t is, like them
| organized into legislative, executive, and ju
dietary departments. 1t operates, like them
directly on persons and things and like then
| it has at command p Lyscal force for execu
ting the powers committed to it.
| 1t was intended to be perpetuated, and no
! to be annuled at the pleasure of any one of tht
contracting parties The old articles of con
federation were entitled ARTICLES of Confeder-
! alton and Perpetual Union between the States;
and by the 18th article it is expressly declared
| that 1.-The articles of this Confederation shall
| be inviolably observed by every State, and the
! Union shall be perpetual" The preamble tt
the Constitution of the United States, having
| express reference to the articles of Confedera
ton, recites that it was established Sin order
| to form a more perfect Union" And yet it is
contended that this ''more perfect Union" doe
not include the essential attribute of per
| petuity.
| But that the Union was designed to be per
petual appears conclusively from the nature anC
extent of the powers conferred by the Constitu
| tion on the Federal Government. These DOW
ers embrace the very highest attributes of na
tional sovereignty. They place both the swort
and the purse under its control. Congress ha
| power to make war, and to make peace; to rais
and support armies and navies, and to conclud
! treaties with foreign governments 1t is in
vested with the power to coin money, and t.
regulate the value thereof, and to regulate
commerce with foreign nations and among tn,
several States. 1t is not necessary to enumer
ate the other high powers which have been con
| ferred upon the Federal Government. In orde
to carry the enumerated powers into effect Con
gress possesses the exclusive right to lay auC
| collect duties on imports and in common will
the States to lay and collect all other taxes.
Bnt the Constitution has not only conferred
these high powers upon Congress, but it ha
adopted effectual means to restrain the State
! from interfering with their exercise For tha
purpose it has, in strong prohibitory language
expressly declared that mo State shall ente
into any treaty, alliance or confederation gran
letters of marque and reprisal coin money
emit bills of credit make anything but gol(
and silver coin tender in payment of debts
pass any bill Of attainder er post .tdco law O
law impairing the obligation of contracts. -
Moreover, without the consent of Congress, NJ
State shall lay any imposts or duties on an,
imports or exports, except what may be abso
lutely necessary for executing its inspection
laws !" and, if they exceed this amount, tn
excess shall belong to the United States.
And mo State shall, without the consent o
Congress, lay any duty of tonnage; keel
troops, or ships of war, in time of peace ente
into any agreement or compact with anothe
State, or with foreign power; or engage il
war, unless actually invaded or in such immi
uent danger as will not admit of delay
In order still further 10 secure the uninter
rupted exercise of these high powers agains
State interposition, it is provided "that thi
Constitution and the laws of the United State
I Ill !,