The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1860-12-11

ed consequently by the same authority which form
ed the State institutions
Nor is the Government of the United States. ere
ated by the Constitution, less Government in the
strict sense of the term within the sphere pow
ers, than the Government created by the Constitu-
tons fthe States are, within their several spheres
is like them, organized into legislative executive
and judiciary departments. 1t operates. like them
directly persons and things; and, like them, it
has at command physical force for executing the
powers committed to it,
1t was intended to be perpetual and not to be an
nued the pleasure of any one of the contracting
parties. The old articles of confederation were en-
titled .sArtcles of Confederation and perpetual
Union between the States; and by the 18th article
it is expressly declared that 1.-THE articles of this
Confederation shall be nviOlaby observed by every
State, and the Union shall be perpetual" The pre-
amble the Constitution of the United States, hav
ing express reference to the articles OF Confedera
ton, reces that it established ''n order to form
more perfect unon:" And yet it is cOntended that
this .'nore perfect union does not include the
sential attribute of perpetuity.
But that the Union was designed to be perpetual
appears conclusivey from the nature and extent Of
the powers conferred by the Constitution che
Federal Government. These powers embrace the
very highest attributes of national sovereignty.
They place both the sword and the purse under its
control. Congress has power to make war, and to
make peace; to raise and supports armies and ma
ves and to conclude treaties with fore: gn cavern
ments 1t is ested with the power to coin money
and to regulate the value thereof, and to regulate
commerce with foreign nations. and among the
several States. 1t is not necessary to enumerate
the other high powers which have been conferred
upon the Federal Government. In order to carry
the enumerated powers into effect, Congress posses
SEES 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 conferred these
high powers upon Congress, but it has adopted eff
foe tO States interfering
with their exercise, For that purpose it has III
strong prohibtory language expressly declared that
mo 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 tender in payment Of debts;
pass any bill of attainder post facte law, or law
impairng the obligation of contracts" Moreover,
without the consent of Congress, State shall lay
any imports duties any imports or exports,
except what may be absolutely necessary for exc
cutting it's inspection laws " and. they exceed this
amount, the excess shall belong to the United
States.
And mo State shall, without the consent of Con-
gress, lay any duty of tonnage; keep troops or
ships of in time of peace enter into any agree
ment or compact with another State, or with for
eign power; engage in war, unless actually in
vaded. or in such imminent danger will not admit
of delay"
In order still futher to secure the uninterrupted
exercise of the Sc high powers against State inter
position, it is provided THAT this Constitution and
the laws of the United States which shall be made
in pursuance thereof and all treaties made, 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 any State to
the contrary Notwithstanding
The solemn sanction of religion has been superad
ded to the obligations of official duty, and all
tors and representatives. of the United States, all
members of State legislatures and all executive and
judicial officers, both of the United States and of
the several States, shall be bound by oath af
firmation to support this Constitution"
In order to carry int effect these powers. the
Cons slit lton has established perfect Government
i'll all it's FORMS Legislative, Executive and Judicial;
and thsGsvernment e the extent of its powers, acts
directly upon the individual citizens of every
State, and executes its own DEGREES by the agency
of its officers In this respect it differs entirely
from the Government under the old Confederation,
which confined to making acquisitions the
States in their sovereign character This left it in
the discretion of each whether to obey to refuse
and they often declined to comply with such
QUESTIONS. 1t thus became necessary, for the pur
pose of removing this barrier and ''in order to form
u more perfect Union" to establish Government
which could act directly upon the people. and
cute its laws without the intermediate agency
of the States. This has been accomplished by the
Constitution of the United States.
In short, the Government created by the Constitu-
ton, and deriving its authority from the sovereign
the same right to exercise its power the people
of oil these States, in the enumerated cases. that
each one of them possesses over subjects not dele
gated to United States but preserved to the States,
respectively. or to the people"
To the extent of the delegated powers, the Con-
stitution of the United States is much part Of
the Constitution of each State. and is as binding
upon its people, though it had been tsxtually i'll
serted therein
This Government therefore. is great and pow
erful Government, invested with all the attributes
of sovereignty. the special subjects to which its
authority extends. Its trainers intended to
implant in its bosom the seeds of its distinctions
they at its creation guilty of the absurdity
of providing for its dissolution 1t not in
tended by its trainers to be the baseless fabric of
vision which, at the touch Of the enchanter would
vanish into thin air. but substantial and mighty
fabric, capable of resisting the slow decay of time
and of defying the storms of ages. Indeed. well
may the jealous patriots of that day have INDUCED
fears that government of such high powers might
violate the reserved rights of the States and wisely
did they adopt the rule of strict construction of
these powers to prevent the danger But they did
not fear, nor had they any to imagine, that
the Constitution would ever be interpreted to
enable any State, by her own act, and without the
consent of her sister States. to discharge her peo
pie from all or any of their Federal obligations.
1t may be asked. then, are the people of the
States without redress against the tyranny and OPP
preston of the Federal Government BY no means.
The right of resistance the part of the governed
against the oppression of their governments cannot
be denied. 1t exists Independently of all constitu-
tons. and has been exercised at all periods of the
worlds history. Under it, old governments have
been destroyed and have taken their place.
1t is embodied in strong and express language in our
own Declaration of Independence. But the distinc-
ton, must ever be observed. that this is revolution
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