Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1860-12-22

too, stands on the platform Of state sovereignty
with federal Massachusetts.
Now is it possible that any sane person can
question the fact that Massachusetts claims tho
allegiance Of her citizens? Tho reader will rO-
member that Gen. Jackson's proclamation claim.
ed that the allegiance Of the citizen was transfer
red, in the irst instance, to the federal govern
ment. Here, then, are two claims to the allie
glance of the citizens Of Massachusetts. Which
are they to obeyP Can it be possible, let me ask,
that their allegiance can DO due to two sovereign
ties; or two parties, each claiming, either in whole
or in part, to be sovereign NJ sane man will
s;ultify himself by on affirmative answer to this
question. IT, then, allegiance cannot be due to
two soyeroigns, it lie equally clear that sovereignty
cannot be divided and reside with two parties,
each entitled to claim the allegiance Of the same
citizens. Allegiance from citizens thus situated
could not be faithfully rendered" to either claim
ant, should their respective claims clash. Butt
is said "Ihat the citizens Of Massachusetts, owe
obedience to the laws of Congress-" This is free
ly granted. But why do they owe this obedience
to laws made by the j)int-oF Eederal-legislature 2
The reason is Overwhelmingly that the state,
being sovereign, and entitled 20 the allegiance Of
her citizens, r~ightfully commands this obedience,
and, consequently, if the state acting in her high
sovereign capacity should SEQ fit to withdraw from
this union with her "co-states," sho can r~ightfully
nbsolve her citizens from "this obedience;" and,
further, any action of the citizens, commanded by
the state, could by no possibility be treason to her
former "co-States"-much less TO the federal gov
eminent which, instead of being tho mere agent
Of the sovereign parties to the federal constitution;
sets up to be itself a party to the constitution, and
to be the sole Judge Of what powers it may exer-
else.
If, then, the states are really sovereign and en-
titled, as they claim, to the allegiance of their re-
speotive citizens, it seems to me that the absolute
and unquestionable right to secede from this union
with their 'cO-States," is an inevitable result Of
this theory of our system of government.
If, on the other hand, it be true that the states
have surrendered to the United States government,
either in whole or in part, their sovereignty, and
transferred herewith the allegiance of their citi-
zens, it is granted to be equally clear and unques-
tionable that they would by seeding from the
union dismember, not a confederacy of sovereign
states, "but destroy the unity Of a nation" and
consequently incur the guilt of treason and rebel
ion. Or if, by adopting the federal constitution,
the states merged the separate sovereignty, asser-
ted in the articles of confederation to be by them
retained in "a single nation" the fatal result is
the same-namely, the statos are annihilated, and
the power which they now exercise is at the mer-
cy and will of that consolidated despotism into
which they unwittingly merged their separate ex-
istence.
1t is said to be impossible for sovereign states
to grant to a common agent, the joint exercise of
powers previously exercised separately without a
surrender, either in whole or in part, of sovereign
ty itself. This is a mistaken notion, for delega-
ting to an agent a part of the powers belonging
to sovereignty is by no means a delegauon OF SOW
ereignty itself. On this question Yattel is explio-
it. He says:
"In short, several sovereign and independent
states may unite themselves together by a perpet-
ual confedOracy without each in particular ceasing
to be a perfect state. They will form, together, a
federal republic; the deliberations in common will
offer NO violence to the sovereignty of each mem
Der, though they may, liz certain respects, put
some restraint on the exercise of it by virtue Of
voluntary engagements"
Now had Vattel been describing our system Of
government he could not have made a truer state
ment Of where sovereignty resides. The common
error is to admit that the mere agent Of the states
can, by any possibility, become sovereign.
Another error is the common opinion that, uR
der our system, each state has two governments,
and that the federal Commonly. but enormously;
termed the national, J government is the supreme
controlling power of the system. This prevailing
t opinion is most Obsurdly erroneous. Each state
has in fact but one government, administered by
two distinct and separate sets of agents. The
q federal agents, constituting legislative, executive
9 and judicial departments, have by the federal con-
stitution, or power of attorney under which they
act for the sovereign states, the right to exercise
Jointly for all the states certain delegated trusl
A powers, beyond which they cannot go without
4 usurpation; and if these federal agents shoulG
i transcend their delegated powers, the Virginia and
Kentucky resolutions of 1898, declare that thei1
"dctS are unauthoritiUe. void aid Of no force" Or
the other hand, the state agents have by authority
- of the state constitution, or power Of attorney un
der which they act, the right to exercise "the re
siduary mass of powers not delegated to the fed
eral agents, but retained by the people of eacI
state" This view is sustained by the UNIVERSAL,
admitted fact that the federal government canno
go beyond its delegated powers to protect tn
. property, the liberty or the lives Of the people o
D.; Illinois. These duties deyolVe upon our stat
- agents.
Compared, then, with the government Of on
> state, ~ornation, the federal government is fraction
al in the exact ratio of its constitutional powers
On the other hand, the sovereign people, flor soy
~ereignty is inherent in the people, and this is tn
bias of popular, or individual sovereignty of eacl
state, having delegated to their federal agents Ger
tain specific powers, each of their state govern
monts necessarily falls jus! this far short Of bein
in a whole government,
at This theory is thus laid down BY Chief Justic
McKeer, in Co5be:'s case
1.-THE government Of the United States forms
part Of the government Of each state; its iurisdit