The dollar weekly bulletin., 1862-12-18

Supreme Court. although chosen by tn
, PRESIDENT and Senate, possesses sepsrat'
, and Independent Jurisdiction within eacf
State. 1t is so in substance; because, al.
} though the Government exercises certair
dowers over the citizens of each State, i
does so, by virtue Of the same authority, pre-
J cisely. through which the State government:
execute their functions, viz: By the con-
sent of the people within each State, .'sepa
rately given. In other words, both the
Federal and State governments derive theil
authority toithin each State, from the people
thereof. and according to the theory which
formerly obtained in this country, are moth
ing more than agents Of the people in each
State. That this idea may be rendered per-
fectly plain. it is only necessary to remem-
ber that neither the FEDERAL nor State govern
nents are sovereign. but the sovereignty resides
ao'th the people by aotom those governments a5ers
created. Now, by whom was the Federal
Government invested with the sovereign
powers, which it exercises within the linn its
OF Pennsylvania? Certainly by the people
OF that State alone, for if they had refused
to adopt the Federal Constitution, it would
nave been imperative within shat State,
even though it had received the unanim Gus
Vote of the people in every other State
Nor does the fact Of the other States having
in like manner as Pennsylvania, adopted
the same common agent. render the instru-
ment creating such agent any more the great
work Of a united people. than if each of the
States had adopted for itself the same form
of State government established by the
others. 1t is folly to contend that the peo-
pie of any State ever empowered an agent
Of their own creation to make war upon
themselves. Again, the Federal Govern
n
ed to it in the Constitution. This limita-
tion Of power won Id be wholly imperative
and the Constitution itself useless instru-
ment, if the Government, notwithstanding
the Limitation. can enforce its laws within a
disobedient State by calling out the military
power of the remaining States. Such con-
struction takes from the States the right to
resist unconstitutional legislation, and max kes
the Federal Government the sole judge of
the extent of its own powers. thereby placing
the people of each State at the mercy of
Government Of their own creation. Can any
one believe that such folly committed
by the Convention or sanctioned by the peo-
pie of the States? The burden Of proof lies
upon those who make the assertion, and the
evidence is altogether against them. have
said, and will now proceed to show, that
war against a State can only be prosecuted
"bv subverting the Constitution and disre-
gardng its plainest and most important
principles. For this purpose the Admins
tration has furnished tho evidence.
First. The President, by increasing the
army ard navy of the United States. by call
ing large numbers Of men into the land and
naval service. and calling forth the militia
without the authority of Congress, has vio-
lated tho 9Th Section of the 1st Article of
the Constitution.
Second The Southern ports have been
blockaded in violation of the treaties with
foreign nations, and of the 9th Section of
article 1st Of the Constitution.
Third The writ Of habeas corpus has been
suspended by the President in violation of
the 9th Section of Article 1st of the Consti-
tuition.
Fourth. illegal searches and seizures
have been made under the authority of the
Presid ent both of persons and property, in
the "loval States, in violation Of the 4.h
Article Of the Amendm ents to the Constitu-
tion.
Fifth Congress has passed law for the
conf >caton OF Sou thern property, which has
been approved bv the President in viola
ton of the 9th Section Of Article 1st, the
81 Sec. Of Article Sd of the Constitution, and
the 5th Article of Amend dments to the Con-
stitution.
Sixth. The President has issued proc-
lamation Of freedom to the slaves within
certain States. and has invited them to en-
gage in servile insurrection, in violation of
every dictate of humanity. precept of re-
lision, and of all the principles Of the Con-
stituton.
Seventh. The Government of the Unit ed
States, for the purpose of supporting the ex-
penses Of the war. has issued its notes and
forced them into the currency Of the coun-
try as one of our standards Of value, against
the policy of all civilized nations. and with.
out the authority of the Constitution.
Other instances might be given in which
the Constitution has been set aside and wholly
disregard ed in the prosecution of the present
war against the South, as much as declara-
tions made by leading members of the Aboli-
ton party, that even % name the Constitu-
ton in connection with the war was treason
to the country. But those which l have emu
merated, are surely sufficient to satisfy eve
rv reasonable man that the Adm ministration,
bv its own acts and confessions. has been
unable to prosecute the war without tramp
ling upon that instrument. | come now to
consider the effects or consequences Of the
war; have said in another place, that the
dissolution of the Union was not caused by
inherent defects in the Constitution, but that
it was caused by repeated attempts made in
our section of the country. to enlarge the
mowers of the General Government. and
thus contract those of the States, more than
was lawful, equitable or wise. To those
who are familiar with American history, it
is we'll know that m uch jealousy and bitter
ness Of feeling existed among the colonies,
long anterior to the revolution Of 1776, and
this feeling especially prevailed between the
colonies North and South. DR.. Franklin.
whose political sagacity will not be denied,
having watched this feeling with much in
terest. and with an earnest desire to restore
haimony. only two years before the Dec