Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1861-01-04

/ ernment OF all 4; its powers are delegated By
all; 1t represents all, and acts for all
Though any one State may be willing t.
control Its operations, no State is willing Il
allow others to control them. The Nation, OF
those subjects upon which it can act, mus
necessarily bind its component parts. Bu
this is not left to mere reason the People
have IN express terms decided it by saving
This Constitution and the laws of the
United States which shall be made in pur.
saance thereof, shall be the Supreme law Of
the land" The government of the United
States, then, though limited in its powers,
IS supreme; and It's laws made in pursuance
thereof are the Supreme law Of the land ,'any
thing IN the constitution or laws of any
state to the contrary Notwithstanding
Il would seem impossible to deny that 9
government has the power to preserve its own
existence by such means as should be neces-
saTy to accomplish that end, and By arresting
and resisting any force which may be used
to subvert it. 1t is a right incident to all
governments having an army or navy to use it
for the preservation Of the government whore
It's existence is threatened. That political
Body which had not this Acknowledged right,
could not BE called Government. A Govern
meat implies the power TO govern and control
is subjects i defend them from assaults from
without. The ordinary powers of Govern
ment are generally defined and the mode of
enforcing specific enactmen.s aIe regulated
BY legislation. But Governments DO not
usually make specific enactments which are
10 be executed in any particular form, to
prevent their own overthrow by force When
6 Government is assailed eld Its existence
Eeriled il is not expected that each individu-
al who may be injured should wait for the
slow process OF enforcing claims in courts Of
law. The Government, as an incident to It's
very existence, possesses the inherent right
growing out Of the necessity Of lis own be-
ing, at once, without delay, and by force, to
resist and overcome if possible the opposing
force. and if necessary the military power
may declare martial law and compel obedi.
ence il defence Of the common country, and
proceed in q su mmary manner to dispose Of
traitors
Ia case Of an iusurroction or treason, 50
general as to threaten the destruction Of the
Government, if the civil authority is made
iaate for the emergency, martial law may
BE- called in Foquisiton, and this requires no
delay, no legislation
Tho idea OF ooeran7 or declaring war against
d State could hardly be thought Of What
v5ald you c5erco 4 State to do To legisate
to punish its citizens for violating the laws
II the I. So to repeal laws claimed to
have been enacted in violation Of the
supreme law Of the land ?'' Ii you attempt
% make war on a State, what is to be done
yith those citizens Of that State who obey
he law
Each individual member oftho Government
oTos q paramount individual duty to obey
he laws Of the United States, which arc bind
ng upon each individual member, any thing
Il the constitution or laws of any State to
he contrary Notwithstanding"
It follows that as the "Constitution Of the
7. :. aad the laws and treaties made in
pursuance thereof, is the Supreme law Of the
and no State has the right or power to
.bs1l v1 any Of lis citizens from their indiyid-
lal responsibility to obey those laws. As wei
night 8 citizen justify treason under the |
nthJ-i.y Of Foreign government as Under
he authority Of State government. The |
itizen Is bound to yield obedience to the !
paramount and in turn the general Gov
rnment is bound TO protect him from any |
threatened injury for SO doing.
The right Of Stale to legisla.e IS indiz- /!
suitable, and its legislators must exercise
her own Judgment; and it could not be
imposed that errors might not be committed |
indeed, j. was contemplated that 1t might !
De 50. And 50 it is provided that any acr /
hat may be passed by any State Legislature,
ghich is claimed to be in conueventiou ot |
he Constitution OF laws Of the United States, !
md the State Court uphold such State enact
nsat, may BE tested and decided by the Su-
,7erna Court Of The United States, On q writ of !
Error brought for that purpose. 80 that an
,xpress provision is made TO reach al cases OF
Stats legislation which nay contTavene the !
avs Of the Union. 1t is obvious that, the |
,orreo.ion fer abuses Of State legislation be-
10 provided for by the General Government,
he revolt Of one State on account Of the pas
age Of an Unconstitutional enactment Of
.nothsr State, is not to be held justi6sble, as
,lained BIZ a greet jurist in this country. If
us.ifd5h, then it is proper remedy in such
,ases, and it would be un7ustJfa6ls to res'st't,
ind the State revolving would have thu ex-
elusive right to decide upon its own 1a'f-Foa-
hon fnally-because it is not the remedy |
provided by the General Government, but II
defiance Of it. If the remedy provided is
resorted to, and the enactment is upheld
then there should bs submission if decided
then they should be sat
isfed.
Isise rerric;ous doctrine, to aav-so or
coun tenance forcible resistarcs TO law, with
cut rcsorting TO the mode provided for re-
dress. It is the doctrine CT rowdies-who
prefer fighting with weapons, to invoking
the aid Of the law.
The security of the sabjects-which IS the
great object Of gorernment-depends upon
the f4shty and iaferiJilfy Of the adminis-
tration Of the government. \ Government
which is 50 weak that II cannot enforce its
own.laws, fought no: TO exist, Rulers who
are 50 cowardly that they dare net enforce
the law ought to be discarded. Judges VINO
c-a % ;mrlicatei with criminals that they