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

so III.


poHer to- coerce resides nowhere;v that no
power Is given to the Federal Government,
n was any intended to be implied. in the
Constitution, to wage war against a State,
even to enforce an Observance of the Consti-
tufion by such State. To be sure not. 1
mere Coufederacy Of States. It is GovkRN-
MINT. established by the people OF the whole
Union, whose powers are defined and ordain
ed By The Constitution of the United States.
lis powers are clearly set forth ia that ia-
sirument. and .'the powers not delegated to
the United States by the Constitution, nor
prohibited by it 10 the States, are reserved
to the States respectively. or t. the people"
But the powers which are delegated TO the
United States are not reserved to either the
States or the people; but are irreclaimably
conferred upon the Federal Government. The
government of the Uuited States is one of
limited powers, as we are so often told, but
its powers are absolutely supreme within
those limits. The Government of the United
States is one of dslegpted powers, as we are
hut all the more legitimate and binding, be
cause ii is dclegated. Were the powers de-
rived in any oth'r way, their authority
wouid he more questionable.
The Federal Government is absolutely SUI
preme within It's sphere, anil the State gov
ernmeats arc absolutely supreme within their
spI.re. Without It's sphere the Federal Gov
.-rnmeui b IS IN authority and without their
-Ihere tie State ovrrnments have none.
The powers IF the government of III Unit d
states. are over the people Of The United
SLafrs, and not over the States. These pow
ers are thus made cffrciunl to s. cure do
m sic tranquility aud the other purposes for
a hich the government was old Ained and es-
tiLlisll ed. The Ed. raj Government is not
compelled 10 lo,k TO the State governments
fer the enforcement of its DEGREES, and has
therefore no need Of 4 power inconsis en-
with the genius OF our institutions. IfSOuth
Carroll Al fails to send Senators and R-pre-
; natives TO Congress. it is n violation Of
constitutional duty. Bat the Federal Cow
-rnment has no power TO cOercs the State
ia the matter. Congress might pass a law
nroviding for the election Of Representa-
tives, but that would he no coercion OF
sovereign State. But The Constitution OF the
United States is The suprcm law of the land
in South Carolina; and is siuce the promul-
ration of her ordinance Of secession, just
as absolutely as befHe it The same is true
of all the la of the United States a
declaration of secession by convention OF the
peo Ie Of South Carolina. or even by The
unanimous vote of the people OF that State, is
of no authority at all;and does not absolve any
citizen from his obligation to obey the laws
of the United States. A dozen States may
do the same thing, but that does not alter
the case.
4 revolutionary rigid is rnisnomer. There
is no such right in any legal sense. There
is such Il moral right in extreme cases. but 1t
lies outside the realm of law. and in the eye
of he law does not exist. Men speak of the
riqt of revolution as though il wei re a sort OF
reserved ia,0ful right. But as the law mill
tales against revolution, so does revolution
against law, and must he maiut lined by
simple force 10 the destruction OF law, or
succumb itself to annihilalion. Law and
revelation are Inherently antagonisiic forces;
where the one is established the other ceases
to exist. 4 revolution, "a, refOre, is 4 thing
which the con~ervators of the law cannot
recognize as any right at ALL Should the
revolution prevail by force. then the law i
subvelted, and de fac'o ceases TO exit within
he seeded State. But III 1t is question OF
power only. as law rests upon power, no
matter whence that power may be derived.
We hear orr eOvernm Mt spoken of as con-
fderacv, CT alliance, or league. If that were
trde. then the right 10 coeIce would be inhe-
rent in the other States a. against any State
violating The terms OF the compact. For by
the laws Of nations. If one State shall violate
is treaty or compact with another, or with
a number of States, then the State or States
so offended may elect to wage war upon
the offending State. Whether such war
<lonld be waged by the Members OF the con-
federation 6, parateiy, or by the whole in
character of a confederacy, might depend
upon the terms of the confederation. But
orr poll icai Uuion was made SoUerHnisnt
(though for c.rtain purposes retaining fea-
lures Of the cnnfrderative system out OF
which it grew Tor the very purpose of In
snrfng domestic tranquility" To war upon
State. would pIausibly involve sort Of
rec ,gnilion of the ind pend nee OF the State,
aud lis right TO wage war in urn, or even
To- initiate the war,-and To decide for itself
the question of Tie cqsus JelEi. But goU-
ernsneat nf,rcss its laws. and SURPRISES in
snrrec,inns. The enforcement OF the laws
Nv the federal government by armed force,
within the limits OF 5 nth C,rolina or OF any
other State, is not an act of war against The
State. no matter what numbr of citizens OF
>uch S ate, or what body Of citizens, may
have essayrd 10y oidinanc-, edict. or other
ai-e. or under what color of authority, to
e-;op such enforcement. Such decree
could not be the act of the State, as there is
no constituted authority within the State,
nor any power reserved by either the gov
eminent or people of the State legally to
enact such a decree. The people aud the
State having granted away portion of their
sovereignty to the federal government. can
not resume the same at pleasure. IS by the
theory Of the British gorernmen. the King
can do no wrong, so by the theory OF orr
government. By the spirit and very letter OF
our National and State Constitutions. State
cannot rebel or secede, or commit any un-
constitutional act. A constitution once
adopted, ordained, established, cannot be
annultd. altered. or amended, even by the
power which established it, save in the man.
ner therein prescribed. The only way in
which the Union of The States can be dis
solved. Cif at all.) IS by amendment of the
Constita. ion of the United States. as provi-
ded in Article Filth OF that instrument.
And if it be held that it is not com ,etent
even by constitutional amendment to dis
member the Union, then there is absolutely