The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1860-12-14

discussed at length in these bodies, composed
OF The first men in the country. Its oppo-
nents contended that it conferred powers
upon the federal government dangerous to
the rights of the states, while its advocates
maintained that under fair construction of
the instrument there was no foundation for
such apprehensions. In that mighty strag-
gle between the first intelects of this or any
other country it never occurred to any indi-
vldual, either among its opponents or advo-
Gates. to assert, or even to intimate, that their
efforts were all vain labor because the mo-
ment that any state felt herself aggrieved
she might secede from the Union. What a
crushing argument would this have proved
against those who have 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 orr gin of the feder-
al government that such a proposition was
first advanced. 1t was then met and refuted
by the conclusive arguments of Gen. Jackson,
who, in his message of 10th January, 1888,
transmitting the notification ordinance of
South Carolina to Congress, employs the fol-
lowing language The right of the people
of single state to absolve themselves at will.
and without the consent of the other states.
from their most sOlem obligations, and hazard
the liberty and happiness of the mi lions COM
posing this Union, cannot be acknowledged
Such authority is believed to be utter y repug-
nant both to the principles upon which the
general government is constituted, and to the
objects which it was expressly formed to at
tain"
1t is not pretended that any clause in the
constitution gives countenance to such theo-
ry. 1t is altogether founded upon inference,
not from any language contained in the
instrument itself, but from the SOvereig gn char
acter of the several states by which it was
ratified. But is it beyond the power of a
state, like an individual, to yield a portion of
its sovereign rights to secure the remainder ,
In the language of Mr.. Madison. who has
been called the father of the constitution, at
was formed by the statcs-that is by the peo-
pie in each of the states. acting in their high
est sovereign capacity and formed conse-
quently by the same authority which formed
the state constitutions. Nor is the government
OF the Unitcd States. created by the cOnstitu-
ton. less a government 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, ex-
ecutive and judiciary departments. 1t oper
a.es, like them. directly on 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
he annulled at the pleasure Of any one of the
contracting parties. The old articles of con
federation were entitled ARTICLES of Confcd-
Grafton and Perpetual Union between the
States = and Ivy the 18th article it is expressly
shall be invioahly observed by every state.
and the Union shall be perpetual The pre-
amblc to the constitution of the United States
having express reference to the articles OF
confederation. recites that it was established
lin order to form more perfect union And
Vet is contcnded that this more perfect union
does not include the essential attribute OF
perpetuity.
But that the L nion was designed to be per
perpetual appears conclusively from the ma
turc and extent of the powers conferred by
the constitution on the federal government
These powers embrace the very highest attri
butes of national sovereignty. They place
both the sword and the purse under its con-
troll Congress had power to make war, and
tomake peace; to raise and support armies
and navies. and to conclude treaties with for
eign governments It is invested 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 ncce ssary to cnamcratc the Other
high powers which have been conferred upon
the federal government. In order to carry
! the enumerated powers into effect, Congress
possesses the exclusive right to lay and collect
duties on imports, and in common with tn,
states to lay and collect all others taxes.
. For the constitution has not only conferred
these high powers upon Congress, but it ha.
adopted etfectual means to restrain the state.
from interfering with their exercise For thai
purpose it has. in strong prohibitory languag,
expressly declared that mo state shall cntc
into any treaty, alliance. or confederation
grant letters of marque and reprisal; col
money; emit bills of credit make anvthin:
but gold and silver coin a tender in paymcn
of debts; pass any bill of attandcr. er pos
tacto law or law impairing the obligation o
contracts" Moreover, without the consen
of Congress, no state shall lay any imports
except what may be absolutely necessary fo
executing its inspection laws and. if the
exceed this amounl. the excess shall belong t,
the United States. And mo state shall
without the consent Of Congress, lay an
duty of tonnage; keep troops. or ships o
war. in time of peace enter into any agree
mcnt or compact with another state or with
foreign power; or engage in war, unless &C
tually invaded, or in such imminent danger a
: will not admit of delay" In order still ful
> ther to secure the uninterrupted exercise c
those high powers against state intcrpositio
: it is provided "that this constitution and tn
laws of the United States which shall b
made in pursuance thereof; and all trcate
made. or which shall be made, under the a,
thority of the United States. shall be the 81
premc law of the land and the Judges i
every state shall be bound thereby, anythin
in the constitution or laws of any state to tn
contrary notwithstanding. The solemn r,
action OF religion has been superadded to til
obligations of official duty, and all senator
and representatives cf the United States, a
> members of state legislatures, and all exec,
tive and judicial officers, "both of the Unite
e States and of the several states shall
bound by oath Or affirmation to support tn
constitution"
!. In order to carry into effect these power
:. the constitution has established perfect 80,
ernment in all its forms, legislative. executiv
and judicial, and this government, to the e!