Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1861-01-12

L IL gu tRSi- "a 1Ak VIC kiEu Vi tuC Ocutu
der the Constitution as the friends of any
other candidate. But how was this received
by the free States With seorn and derision
They hoisted their piratical, anti-slavery, alb
clifton, black fag-their leaders everywhere
proclaiming war to the death against slavery
in the territories and slavebolding everywhere
and they swept the entire North. And they
proclaim now everywhere, in their journals
and by their leaders, that the great question
of slavery in the territories has been forever
settled against the South, and that not an
inch of soil in the territories shall ever be
polluted by the tread of a STAKEHOLDER. The
question. therefore, of slavery in the terrific
ries is now great, living, practical ISSUE
and if at this time yielded by the South il
lost forever. But the South will never yield
her rights in the territories. say perish the
Union and take any result that may follow,
before we consent to remain ia it shorn OF
our equal rights under the Constitution, and
which would degrade and disgrace us.
The question then is, in what way shall
| Tennessee resist? Shall she secede and thus
throw herself upon her original sovereignty?
| Is this constitutional measure or is it revo-
luton? That it is the latter we have no
doubt. We have not space to discuss this
question at length. We deem it sufficient to
say that the history of the origin and adop-
| ton of the Constitution, and the purposes
for which it was formed will show that al
| though the delegates to the Convention that
formed the Constitution were appointed by
the respective State Legislatures and the
| Constitution itself submitted to Convention
of delegates chosen in each State by the PEG.
pie and ratified by their Conventions, yet
for all the objects specified in the Constitu-
ton the Federal Government was intended
| to be National one, leaving the local con-
Germs of each State to the respective State
Legislatures.
The fundamental distinction between the
articles of Confederation and the Constitution
was, the former acted only on States, the lat
ter on individuals. This is of itself dis
tinct characteristic of nationality.
The language of the instrument itself full
ly beaIs out this view of the case: "We the
people of the United States do ordain and
establish this Constitution" &c. That is to
say, the government which we establish is a
unit, for the thirteen United States as one
people-and it is "for ourselves and our pos
terity."
The powers delegated by the Constitution
it will be seen without taking time to emu
merate them, are national powers which is
Inconsistent with the idea of absolute soyer-
eighty remaining in the States. The powers
likewise which the States are prohibited from
exercising, prove that they are shorn of this
sovereignty. The powers of the Executive
are of the same national character; and then
the judicial power is commensurate with the
Union, and extends to all cases in law and
equity arising under the Constitution. Then
this Constitution is made the supreme law of
the land, anything in the Constitution or
laws of any State to the contrary notwith-
standing. There is nothing in the instru-
ment which shows it is to exist for a limited
period; but on the contrary it is for all time,
provides for its own amendment and its en-
largement by the admission of new States
into the Union. This is very different from
a simple compact or treaty between indie
pendent nations or States, each one retaining
its original sovereignty which they can re-
sumo at pleasure.
Such too was cotemporaneous construction,
as is shown by the correspondence between
Alexander Hamilton and Mr.. Madison, in
July, 1888, in regard to the ratification of
the Constitution by the State of New York.
But that Tennessee and all the slavehold- |
ing States would be fully justified in thus
throwing themselves upon their original SOW |
ereignty we have no doubt, for this govern |
ment under Black Republican rule, instead |
of being what our Fathers made it, confed-
eracy of States founded upon the equal rights
of each State in the Union and for the pro-
lection of the whole, has become one grand |
consolidated despotism under a sectional |
President, founded upon the destruction of
their rights, under the Constitution, of fifteen
States of the Union-of that institution with
which "they must live or bear no life."
And this fearful despotism will be increasing
with the increase of the free States, unless it
can now be arrested and the government re-
stored to what it was intended to be by its
founders.
Nor in case of secession can the remaining
States under the Constitution attempt coer-
cion. The Constitution was formed for the
protection and government of the States
while in the Union: 1t is one of strictly del
egated powers and no such power is given;
and all powers not delegated, nor prohibited
to the States are reserved to the States or the
the legislative, executive and judicial, and
the powers conferred upon them have refer
ence to the States while in the Union and the
citizens of such States. Congress may "de-
clare war''-but it is as the representatives
Of the States against foreign power and not
may be committed against the United States;
but it is not State that can commit treason,
but individuals belonging to the State But
If the citizens of State are acting under the
authority of the State, even while that State
is in the Union, they can not be guilty of
treason, for they owe allegiance to the State
and it is the State that is the offender. If
hey are, the citizen is placed in this dilem-
na,-if he refuses to obey the law Of the
State he is liable to its penalty; but il he
,beys be is guilty of treason and liable to the
punishment of death. which is an absurdity
n terms. But much less is the citizen guilty
Vt treason If the State has thrown off her al
egiance to the Union and be is acting under
Ter laws, for the Constitution has no power
,ver those who are outside of the Union.
This is very different question from that
which was presented in 1882, in regard to
he power of State while she remains in the
Union and enjoys its benefits and subject to
Is laws, multiplying an act of that Union. Any
.ttempt then of the General Government to