New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-03-12

ordinance would be null and uofd. repeat, sreh An
ordinance weuld be null and void, because It woniG %
beyond the powers reserved To the States by the Con-
situion of the Union, and would be direct interior
ence with the powers granted by that Constitution 10
the General Government. Convention OF the people
OF State Is limited TO ie powers, TO the parct ing
ont and providing for the exercise OF the powers ana
rights reserved TO the States. Over the powers granted
to the General Government by the Constitution state
Convention has no power whatever. The Constitution
of the United States ia paramount to the state Con-
yention. The State Convention Is subject 10 tne Coh
stituion of the United States. The State Legislature
is subject first, to the Constitution of the United
States and secondly to the Constitution OF the stare
desire TO be understood. The Constitution OF the
United States the General Government Ia per-
petuity all tire high powers, rights, and iuuc'ions
granted to it, and rpecaly enumerated In that sacred
Instrument. There can be change IN that Consttu
ton except by of the ways pointed out in the nth
article thereof BY that ar cle 1t is In substance pro-
vidd that two-bids of both Houses OF Congress can
propose amendments TO the CONSTITUTIONS Or at the ap
ption Of twothrds Of the Legislatures OF The States
IL shall be the duty Of Congress TO call Conventioh
for the purpose Of proposing amendments TO TOE H0h
stituion, which amendments, IN either case snail oe
valid ms parts Of the Constitution TO all intents ana
purposes when ratified by the Legislatures Of three
fourths of the States or by Conventions in three
fourtbs thereof the the other mode OF ra'in-
cation may be proposed by Congress.
The powers Of the General Government are such as
the gives may hereafter give TO IL,
by ether of the modes OF amendment prescribed by the
Constitution itself. These powers sacred TO the
GeneI al Government. The States have parted with
them forever. a State Government or State Conven-
ton has no more right interfere with any OF these
powers 30 vested in the General Government than IL
has interfere with the powers of the British Parla-
ment of the absolute sovereign OF Russia. The Con-
stnion Of the United States 10 paramount to the Cen
cral Government, az well as 10 the Governments and
Conventions of the States respectively. All acts OF
Congress passed 10 pursuance of s constitutional pow
declared by the Constitution ITSELF to DO the
supreme law Of the land and the Judges IN every
State shall he bound thereby, anything in the Con
slitnton laws Of any State 10 the contrary notwih-
standing"
What, then, are tho powers OF State convention,
duly convened Such Convention has absolute con-
trol over all the rights and powers reserved 10 the
Satesthat is to say not granted by the Constt tuition
10 the General Government. Such STATE convention
can shape the State Government In any form " peases
provided il be republicsu-as to the superintendent
and exercise of the powers 30 reserved 10 Tie states
This hiss usually been done by forming State Consul
tuition. Such State Constitution usually PROVIDES
that certain of the reserved powers shall not be inter-
fered with by tbs State Leg lature, and veets the 9TH
er reserved powers in such State Legislative judicial
and Executive Departments az the State Const tulion
provides These State Conventions and Constitutions
have no control the powers and rights OF the
Genenl Government than over the powers and rights
Of foreign nations
and plain of the and relations of the
comp Heated machinery which constitutes our General
and State Governments.
First in order, and and dboce all Is the Consti
twion of "The United Statee of America" rs 1t now
exists or az il may hereafter be amended in pursuance
Of proyIions contained within itsef.
Second In order is the Government OF " The United
States Of America, which, 10 the full extent oil the
powers conferred upon it by the Constitution, In over
and above all State Legislatures or State Conventions
or State Constitutions aud snbect only TO the full
extent Of those powers and all laws passed IN pnrsu
thereof 10 the Consu on itseif as II now s or
laa nt.Ast nj tfq
provisions.
Third in order are the State Conventions when law.
fully assembled. These State Conventions have su-
preme power the rights reserved to the States
tha, is 10 say, not granted by The Constitution 10 Tue
clearly subject the Constitution Of the ted States
and 10 all acts of Congress passed pursuant thereto.
Fourth in order are the State Governments consist-
log of their Legislaiiye Ju,icL aud Executive de-
partments ak Of which clearly subject, frst, to
The Consiu,ion Of the United States secondly 10 the
GeLeral Government TO the fulhextent Of It's powers
veted in il by the Constitution and thirdly, 10 the
Constitutions Of the respective States
II these things be 80, should there be question,
with any faithful and loyal citizen Of the United
States whether lie will obey Convention Of bis
State acting beyond its powers the General Gov
ment In the exercise Of It's constitutional functionsl
Ia the very statement! Of the question its argu
ment
To 90 q step further. State cannot leave the
Union, even py the consent Of the General Govern
ment. Congress, or the President and Senate have
no power 70 give such consent. The relations OF the
General Government 20 the several States and Of the
several States to the General Government are pre-
scribtd and fixed by the Constitution. No agreement
or consent between a State and the General Govern
ment can change these relations, Any such agreement
would be In direct violation Of the Constitution. That
Consultation IL paramount 10 the General Goyernnen t
40 we'll as to the State Governments. The separation
Of State from the General Government can only be
egazed by amendment ~ the ConstltuiioD Accord
h. al int taf Instr
Nor can the separation of State from the General
Gov eminent be authorized by treaty between them
No treaty can be made between the General Govern
ment and State Government. ambassadors, by force
Of the term high agents. appointed by one sover
eign power TO separate and distinct natioDaities.
Tpeir agreements called treaties. Sucn treaties,
by the grants of the Constitution the United States
has power TO make with another Government. But
that Constitution expressly declares that mo state
shall enter into any treaty alliance, confederation.
The powers of the General Government OF the United
States also If the Governments OF the States are
fixed by the Constitution. The General GovernDent
hus all the powers granted by that instrument. All
powe.s not thereby granted 10 the General Govern.
meit nor prohibited 10 the States are reserved TO the
states respectively. The General Government ana
the State Governments each within its sphere, Is su-
preae. Gu. Of ts sphere, each Is poweress, and its
acts null and Uotd.
A oorrec,iyes of any abuse of these respective
powers we have the ballot-boI, both state ana Ma
iopa the equality Of all The States both great and
small, in tho senate, popular representation In the
Hou.e Of Represen atves and IN the Executive ana
f,tenure on the part of the Judiciary which has full
rover in any case brought before II within the range
of its jurisdiction TO redress any wrong committed
against the hunblest citizen.
The General Government has no power TO make war
on State. Why is thisi 1t Is because, by the very
nature Of pdr the conqueror becomes aosoidte master
OF the conquered He give the conquered country
such Us and and dictate TO it such terms
IA be leases. But the General Government, by tue
Constitution is prohibited from interfering with the
now err reserved to tie States. The General Govern
mani cnn nsiiher Ike from nor add 10 the powers of