Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1860-12-05

human power to save the Union.
The Southern States, standing on the basis of the
constitution, have right to demaud this act Of
justice from the states of the North. Should il he
refused, then the constitution, to which all the
States parties, will have been wllully violated
by one portion of tAem in provision essential to
the domestic security and happiness Of the re-
remainder In that event, the injured States, after
having first used all peaceful and constitutional
means to obtain redress, would tie Justified IN reYo-
lutionaty resistance to the government Of the
Union.
have purposely confined my remarks to rev.
olutonary resistance, because il has been Claimed
within the last few years that any state whenever
this shall be its sovereign will and pleas
ure, may secede from the Uniun i'll accordance
with the constitution and without ANY violation OF
the constitutional rights of the other members OF
the coniederacy. That as each became parties To
the Union by the vote of its own people assembled
in convention, so any one Of them IN? retire from
the Union in similar manner by the vote Of such
a convention
In order to justify secession as a constitutional
remedy it must be the principle that the federal
government is a mere voluntary ASSOCIATION OF
States, to be dissolved at pleasure by any one Of
the contracting parties If this be So, the conied
eracy Is rope OF sand, to be penetrated anu us
solved by the first adverse wave of publle opinion IN
any of the states In this manner our thilty-three
States may resolve themselves into as many petty,
Earring and hostile republics each one retiring from
the Union, without responsibility, whenever any
sudden excitement might impel them TO such II
course. BY this proces a Union might ne entirely
broken into fragments in Il few weeks, when cost
our foreiathers many years OF toll, prlVatloh ana
blood to establish
Such principle is wholly inconsistent with the
history well the character Of the federal con
stitution. After it was framed, with the greatest
deliberatiOn and care it was submitted TO con
ventOns OF the people of the several states ior rat
iication Its provisions were discussed at length
in these bodies, composed Of the hrst men OI tine
country. It's opponents conten3 ed that conferred
powers upon the federal government dangerous to
the rights of the States, whilst its advocates main
tanned that under fair construction of the nstru-
ment there was no foundation Tor such appfehen-
sions In that mighty struggle between the first
inteects of this or any other country II never Oc-
CURED to any individual either among its opponents
advocates, to assert OF even to Intimate that
their efforts all vain Labor, because the mo-
ment any State Ielt herself aggrieved, she might
secede from the Union. What crushing argu-
ment would this have proved against those who
dreaded that the rights Of the States would be en-
dangered by the constitution. The truth is, that
it not, until many after the origin of the
federal government, that such a proposition was
first ivanced. 1t was then met and reluted ny the
conclusive arguments of General Jackson, who in
his message OF 18th of January, 1888, transmitting
the nulifi ing ordinance OF South Carolina To Con-
gress, employs ths following language :-"The
right Of tine people Of a single State to absplve
themselves ut will, and without the consent of the
other States, from their most solemn obligations
and hazard the liberty and happiness Of the mil
lions composing this Union, cannot be acAnOwl.
edged such authority is believed to be utterly
repusnant both to the principle upon which the
general government is constituted, and to the OBJ
jects which it was expressly formed to sustain"
1t is not pretended that any clause in the consti
tuition gives cUuntenance to such theory. 1T is
altogether founded upon inference, not from any
language contained In the instrument itself but
from tn sovereign character Of the several ntateS
by which it was atiied. BUT is it ueyOnd the pow
OF state like an individual, te yield portion of
its sovereign rights to secure The remaiuderl In
the nguage Of Mr.. Madison, who has been called
the father OF the constitution 1T was formed by
the states. acting in their highest sovereign capac
lty and formed consequently by the same author
ity VIII CHI formed the state constitutions
Nor is the government Of the UDited states crea-
ted by the constitution, less government in the
strict sense Of the term, within the sphere Of its
powers than the : YernmentS created by the con-
stituents OF the sta es are, within their several
spheres. 1t is, like them, organized into leSisla-
tive executive and judiciary departments. IL OPP
crates, like them, directly on persons and things
and, like them, it has at command ply steal force
for executing the pOwe. committed to l..
1t was intenoed /, be perpetual, and not to lie
annuied at the pleasure OF any one OF the contract
Ing parties. The old articles OF confederation were
entitled al tcles of Confederation and Perpetual
Union between the States :; and by the 18th article
it is expressly declared that the articles Of this
cCnfedt ration shall ne inviOla5ly observed by every
State, and the Union shall be perpetual" The
preamble to the constitution Of the United States
having express reference to the article Of cOnieder
alton, recites that it was established in order to
form more perfect union" and yet it is Contend
ed that this more perfect union" does not include
the essential attribute OF peipetuity.
But that the Union was designed to lie perpetua
appears cOnclusi' ely from the nature and extent of
the powers conferred by the constitution on the
federal government. These powers embrace the
very highest attributes OF national sovereignty.
They place both the sword ana lie purse Under lis
control. Congress has power tOmake war, ana to
make peace to raise ana support Armies ana nayies,
and TO conclude treaties with foreign governments.
1t is invested with tile power 10 com money and TO
regulate the value thereof, ana 10 regulate COM
merce with foreign nations. and among the several
states 1t is not necessary to enumeia ate the other
high powers which have been conferred upon the
federal government. In order to carry the enumer-
ated powers into effect, congress possesses the
clusil right 10 lay ana cOect duties ON imports,
and in common with the states to lay ana collect all
other taxes.
But the constitution has not only conferred these
high powers upon congress, but ii has adopted eli
teciual means 10 the states from interfering
with their exercise. For that purpose il has i'll
strong prohbOry language, expressly declared that
mo state shall enter into any treaty, alliance,
grant letters OF maique ana lepri-
sal; coin money; emit bills of credit; make any
thing but gold and silver coin tender in payment
OF debts; pass any bill OF attainder, post tacto
law, law impairing the obligation Oi contracts"
Moreover, without the consent OF congress, no
state shall lay amy mposts or duties on any imports
exports, except what may be absolutely necessary
for executing lis inspection laws and, il they
coed this amount, the excess shall belong to the
United States.
And ''no state shall, without the consent of con-
gIess, lay any duty of tonnage; keep troops, or
ships oi-war, i'll time of peace enter INTO any agree
nent or compact with another state, or with a for
elgn power; or engage III war, unless actually lnNad-
ed, or i'll such imminent danger as Will not admit of
delay
In order still further to secure the uninterrupted
exercise of these high powers against state ntelpo-
sion it is provided that this constitution ana the
laws OF the United States winch may be made in
pursuance thereof; ana all treaties maze or which
shall be made, under the authority OF the United
States, shall be The supreme Jaw O1 the land; ana
The judges in every state shall be bound thereby,
anything i'll the constitution laws OF state TO
the conn airy Notwithstanding "
The solemn sanction OF religion has been super
added to the Obligations OF Oihca duty, aud all
ators and representatives. OF the United States, all
members OF state legislatures, and all executive or
judicial officers, both OF the United States and OF
the several states, shall be bound by oath or aIma-
tiOn TO support TINS constitution
In order to carry into effect these powers the con
stitution has established perfect government in all
its forms, legislative, executive, ana judicial; ami
this government, to the extent OF its powers acts
directly upon the individual citizens OF every state,
and exercises its own DEGREES by the agency OF its
own Ohcers In this respect it differs entirely nom
the government under the old Confederation, which
was confined TO making acquisitions on the states IN
their sovereign character his lett il in tie discIe-
tlou OF each whether to obey refuse, ana they
OFTEN declined 10 comply with such acquisitions 1t
thus became necessary, Tor the purpose vi removing
this barrier, ana I'm order to lUru more perfect
Union," to establish government which could act
directly upon the people and execute It's own laws
without the intermediate agency Oi tile states This
has been accomplished by tile constitution of the
United States
In short. the government created by the consiitu-
ton, and deriving It's authority rom the sovereign
people Of each Oh The several states, has precisely
the same right TO exercise It's power over Tie people
OF All these states, in the enumerated eases, that each
one OF them possesses over Subjects not delegated
the United States, but 'rtseTed 10 the states, C.
spectlVely, or TO the people"
10 the extent Oi Tie delegated powers the consti-
tuition OF tie United States us much part vi the
constitution OF each state, and as binding upon is
people, as though it had been teXtually inserted
therein.
This government, therefore, is great and pow
eru government invested with ali the attributes of
sovereignty over the special subjects TO which its au-
thOrity extends Its trainers never intended to i'm
plant III its bosom the seeds of its own destructon
nor were they at its creation guilty of the absuTdity
Of providing Tor its own destruction. 1t was not IN
tended by its trainers to be the baseess fabric OF
vision which, at the touch OF the emchanter would
vanish into thin air, but substantial and mighty