Cedar Falls gazette. [volume] (Cedar Falls, Iowa) 1860-1895, 1860-12-14

constituted, and to the objects which it was
expressly formed to attain. 1t is not prcten
ded that any clause in the Constitution gives
countenance to such theory, it is altogethe,
| founded upon inference, not from any Ian
cuace contained in the instrument ITSELF but
from the sovereign character of the several
States by which it was ratified; but is be.
vond the power of State, like an individual
to Weld portion Of its sovereign rights to
secure the remainder" In the language oil
Mr.. Madison who has been called the Father
of the Constitution, it was formed by the
States, that is by the people in each Of the
States, acting in their highest sovereign ca
pacity, and formed consequently by the same
authority which formed the State Constitu-
tons; nor is the government of the United
States. created by the Constitution, less a
government, in the strict sense Of the term,
within the sphere of its powers, than the gov
eminent created by the Constitutions of the
States are within their several spheres. 1t
is like them organized into Legislative, Exec
utiye and Judiciary departments. It. oper-
ates like them, it has at command physical
force for executing the powers committed to
it; was intended to be perpetual, and not to
be annulled at the pleasure of any one of the
contracting parties of the Confederation, a
perpetual union between the States; and by
the 18th articles of this Confederation shall
be inevitably observed by every State and
the Union shall be perpetuated.
The Preamble to the Constitution of the
United States, having expressed reference to
the Articles Of Confederation, which states it
was established in order to form more per-
feet Union; does not include the essential at
tribute of pcrpetuity; but that the Union was
designed to be perpetual, appears conclusively
from the nature and extent Of the powers con-
ferred by the Constitution OF the Federal Gov
eminent. These powers embrace the very
highest attributes of nation 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
support armies and navies and to conclude
treaties with foreign governments. 1t is in
vested 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 in
to effect, Congress possesses the exclusive
right to Law and collect duties on imports,
and in common with the States to lay and
collect taxes. But the Constitution has not
only conferred these high powers upon Con-
gress but it has adopted effectual means to
restrain the States from interfering with their
exercise for that purpose. 1t has in strong
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
tender in payment Of debts, pass any bill of
attainder, ca post ,tatco laws, or laws impair
ing the obligations of contracts. Moreover,
without the consent of Congress, no State
shall lay any impost or duties on 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 no State
shall without the consent of Congress, lay
any duty on tonnage, keep troops or ships of
war in time of peace, enter into any agree
ment or compact with another State or with
a foreign power, or engage in war unless ac-
tually invaded or in such imminent danger as
will not admit of further delay.
In order still further to secure the uninter-
rupted exercise of these high powers against
State interposition, it is provided that the
Court and the laws of the United States,
which shall be made in pursuance thereof,
and all treaties made or 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, any
thing in the Constitution or laws of any State
to the contrary Notwithstanding. The sol
emn sanction of religion has been superadd-
cd so the actions of official duty, and all SEN
ators and Representatives of the United States
all members of State Legislatures, and all Ey-
ecutive and Judicial, officers, both of the
United States and the several States, shall be
bound by oath or affirma ton to support the
Constitution.
In order to carry into effect these laws,
the Constitution has established perfect
govcynm mt in all its forms, Legislative, Ex
ecutive and Judicial, and the Government to
the extent Of its powers, acts upon the indi-
vidual citizens of every State, and executes
its own DEGREES by the agency of its own of
fcers. In this respect it differs entirely
from the Government under the old Conted-
Grafton, which was confined to making requi-
sitions on the States in their sovereign char
acter. This left it in the discretion OF each
whether to refuse, and they often declined to
comply with such acquisitions. 1t thus be-
came necessary, for the purpose of removing
the barrier, and in order to form more per-
feet union, to establish Government which
could act directly upon the people, and exc
cute It's own laws without the intermediate
agency of the States. This has been accom-
plished by the Constitution of the United
States.
In short the Government created by the
Constitution, and drawing its authority from
the sovereign people of each of the Sovereign
States, has precisely the same right to exer-
else its power over the people OF all States in
the enumerated cases, that each one OF them
possesses over subjects not delegated to the
United States, but reserved to the States re
spectiyely, or to the people. To the extent
Of the delegated powers, the Constitution OF
the United States is as much a part of the
Constitution of each State, and is as binding
upon the people as though it had been text
ually inserted therein. This Government,
therefore, is a great and powerful Govern
ment, invested with all the attributes of SOW
ereignty Of the special subjects to which its
authority extends. Its trainers never intend
ed to implant in its bosom the seeds of its
own destruction, nor were they, at its crea-
ton, guilty of the absurdity of providing for
its own dissolution.
r. ,,.,c ,,ot intended h,- ifs trainers to be