Litchfield enquirer., 1861-07-18

1 ~ PAS'Sho o"y ooCu SiliNC dCtiOH DJ q OtdJG
 was undoubtedly the reason why the government
 was made sovereign, to the extent of the power
 granted. They took good care to guard the
 powers of the government. They were giflby
 the people of the nation. They were made alb
 solute in the government, and thus placed be
 yond the control of State action and the laws
 passed by congress in pursuance of the power: granted, are declared to be supreme.
 Take for instance, this prohibition of the SOY. ereign power of State, or what would be a soy. ereign power but for the prohibition. The con. stitution says, No State shall grant letters of lnarque and reprisal." Here is positive and absolute prohibition of the sovereign power of a State. It is imposed by the whole people in their national capacity. It is not conditional prohibition, but an imperative command, broad as the subject itself. Nor did the people stop by taking from the States this attribute of sov- ereignty, but they proceeded to grant the same to the general government. Is it not soyer- eign power? Congress may authorize the grant, ing of letters of marque and reprisal Such act is an act of sovereign power. Congress has sov- ereign power oreH the subject. because in ac- cordance with supreme law of the whole peo- ple
 B. may learn some wholesome truths upon this subject by careful study of the Federalist. Madison and Hamilton, in all probability, un- derstood this subject in all its aspects
 These men did not hesitate to declare that State Sovereignty was Mienable, that it could be done in Hl'ee cluss of cases, and that where such alienation took place, the same beca !: e exclusive ly merged in the national sovereignty The fact that such alienation might take place they deduc- ed from the Constitution of the United States. For instance. Congress has an e.rclusire power of legislation over the District of Columbia. here did it get it? From the people of course Coming from the people, and being ex- elusive in the national government, there must have been an alienation of sovereign power on the part of some State or States Congress also possess an e.sclusire power to lay and collect taxes, duties &c, with an absolute prohibition on the States to do the same without the consent of Congress. Is here not an alienation of State Sovereignty? Congress may do particular act and the States may not do the saln4 act, uilhoM tte c2nse"t of Congress. Congrtss has also poy- CT to establish a uniform .'ulo of naturalization throughout the United States. " "Ih;s must uo ceSs''i'y be e:c!uSire, bect,se if each State had power to prescribe a disiinct a2le there could be no N&l/":'s 7u',.i These are the three class of cls's as laid down the in Fe;lv:;lst where the State SoHera;gn'! may be, and laS l,en alienat. ed. And they say, " where the Constitution in express terms grGs,tHl an ectlusise authority to the Union; where it g'ttsie,i, in one :nsanee an authority io the Union and in another. p,'o}'ib 'fsf H' .statcS from exercising tie like auhority and where it g,'1Eted ali authority to the Unon to which similar authority i,l the States, would be absolutely and totalI. coHt'uaict21y and re- f'nyaant. in all snch casas there wtu:d be an alienation of State Sovereignty We can all see at glance that this is correct reasoning, for ii the people have granted to the general govern ment certain exclusive powers, and have made tile exercise of those powers by that government Supreme it must be worse than preposterous for a man to claim, that the States have right to exercise the sama powers. That would destroy the exclusive right of the government That would destroy its supreme character. That the people Of the States are sovereign in some things IS not denied. The States, the general govern- ment were each established by the people for their own purposes, and each is founded on their supreme authority.
 Most truly has it been said by writer of great constitutional ability, that Neither is to be con- strued alone, but each with reference to the oth- CT. Each belongs to the same system of gov ernment, each is limited in its powers and with III the scope ofits powers each is suprem. Each by the theory of our government is essential to the existence and due preservation of the powers and obligations of the other" ..The exact limits of the powers, confided by the people to each may not always be capable, from the inhe rent difficulty of the subject, of being defined or
 III oiI SaSeS NitH ppTtect Ceftallty, But the lines are marked out with sufficient broadness and clearness, and in the progress of the development of the peculiar functions of each the part of true ecisdom would seem to be. to leave in every practicable direction, a ,cieze if not on unnseasured, distance between the actual ] exerclse of the sovereignty of each"
 1t can be unnecessary for me to say more. Enough has been shown, to satisfy any candid mind, that there is a broad and distinct line he tween the sovereignty of State, and the soyer- eighty of the general government; that if the States are absolutely sovereign in some things so is the government. By this also do I estab- fish the fact, to wit, that the government is nos sessed of paramount authority" All the arsu- ments used to show that the States are not nh. solutely sovereign, apply with much force, to show paramount authority" in the government HAMILTON.