Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1861-01-04

comply VILE, any law OF the United states,
cannot be protected by the edict of any body
of men. whether it be State legislature or
convention, because such edict would be
without authority. IF a large body of peo-
pie In South Carolina or in any other State,
shall rise up in armed resistance to the laws
of the United States, that is insurracaoa; and
then il is the duty Of the general govern
ment TO suppress the Instruction. The same
must be done alike in Massachusetts or ia
South Carolina, in Vermont or in Georgia.
IF the worst must come to the worst, 81
confess" as you say, 81 am anxious to see
the strength of this government tested. The
crisis is on US. not of our seeking, but in
spite of our opposition; and now let as meet
it., The President must enforce the fugi-
tive slave law, if need be, at the point of the
| bayouet. and Id like manner any and all
| other laws of the United States, in every
State of the Union aud none can go ont of IL.
In my humble opinion, the wisest policy,
| the most natura. remedy for the evils which
beset US on either side, land the surest way
| to vindicate our honor and self-respect," as
well as the cause OF government against an
archy, of law against license, sis TO demand
the unconditional observance of the Constitu-
| lion by every State and people, and to en-
force that demand. And if it be necessary,
call out for this purpose the whole power of
| The government, even 10 war ou"-not ''the
| rebellious State" but against sill persons
| ound in rebellion in any State. The war
| would net be against the State, but the reb-
| ele. In case Of success. no terms can be ex-
| act of the State, nor need the State be re-
cognized at all in tn. transaction. A State
cannot be eoereed into The enactment or re-
peal of any law, nor in any other way. That
would be an encroachment upon her sphere
of sovereignty, wherein the Federal Govern
mpnt is utterly without authority.
1, as a CITIZEN of the United States, am
sovereign for certain purposes, and for others
a uiject. TGis combination of sovereign
and subject makes the citizen. In my ca
pscity as sovereign, cannot be coerced.
The moment l am coerced my sovereignty
| ceases. l may vote absolutely as please,
| and cannot be made to vote this way or that
\
must OBEY tie laws; and my person may be
seiz aud confined; and 1 may be punished
in my person or property. But State, un-
der the sovereignty of the United States, is
sovereign for all the purposes of its pro-
per functions, and never subject. There is
20 necessity that she should be subject,
liable to coercion; because she is power at
all only for certain purposes, and those law
ful. If ever she would act unlawfully, her
authority ceases. 1t is not then her act, but
the act of unauthorized indiUiduals, who are
subject to coercion. The Constitution of the
United States. to be sure. prescribes certain
duties for the States, or for the various de-
parIments of the State governments to per-
form; but no punishments can be inflicted, no
coercion used, except so far as it can be wish
ted upon individuals, be they State officials,
or what not. How far Congress may have
power to provide coercive measures applica-
bic to members of State Legislatures, whose
duty it is, under the Constitution of the
United States to elect U. S. Senators,-or to
Governors of States, whose duty it is, in GER
tain cases, to appoint them, it is perhaps not
necessary at present to Inquire. Ny opinion
is that any member of tbe>Legislature OF
State, and any Governor. failing to fulfill his
obligation, prescribed by his oath, to support
tire Constitution of the United States, ought
TO be subjected to Impeachment and punish
m Mt; but this, If it can be constitutionally
done by the General Government, would be
no attack upon the sovereignty of State,
but a vindication of its own laws; for the
Constitution of the United States is the SUI
preme law of every State.
To give in very few words the opinion of
both j, ff.rson and Madison upon the subject
of coercion, subjoin the following extract
from the letter of the latter. dated December
23d, 1882. to n. P. Trist- After denying the
construction put upon the Virginia Resolu
tons of '9S. of which he was the author, by
the disunionists of that day and this, be pro-
ceeds:
st is remarkable how closely the nullifers,
who make the name of Jefferson the pedestal
for their colossal heresy, shut their eyes and
lips whenever his authority is ever so clearly
aud empha ically against them. You have
and Carriugton Opp 43 and 200. vol. I'd; with
respect 10 the power of the old Congress to
c"erce delinquent States; and his reasons for
preiersing for the purpose naval 10 a mill
tary fore aud, moreover, his remark that it
was not necessary 10 find right to coerce in
tn L, drral Articles, that bang inherent an ,he
HGl'ure # tie compact. Ii is high time that the
claim TO >ecede at will should be put down
hy Tue public Opiniun. and am glad to see
ia ia NJ ON 1y md. ct nd
The subject"
An idea has crept into the public mind, or
into The minds of .eessioniSts, that because
we. the pc, pie of the United States, are di-
viii d in sentiment upon the important SUBJ
j ct Of slavery, tht relore our governmental
union ought to be divided. Now government
is instituted expressly to control, restrain,
subduet. or reconcile the conflict ing senti-
ments Of men, so lar as possible. But it may
be remarked, that for the purposes these
thinkers have in view, our Uuion is already
divided from the beginning Our Union Is
divided into thirty-three parts for certain pur-
poses, and for Others it is united into one ma
ton. The purposes for which the States are
united into one State are clearly defined;
aud for those purposes the National Govern
ment is by the theory of our constitutions alb
solutely supreme. But for all other pur
poses, it is absolutely powerless. The States
retain control of the subject of slavery, as
well as most or all other local subjects: and
have by our present Constitution equal and
concurrent rights in the common Territories.
This last, however, regard as for long
time to come,if not forever, purely theoreti-
cal question, of no practical value. 1t was in
view of this beautiful and well balanced ar
raDgement that Mr.. Calhoun uttered the fol-
loving sentiment: The State and General
Government-eachi imperfect when viewed as
separate and distinct governments, but taken
as whole, forming one system, with each