Delaware State journal and statesman., 1863-01-20


IN nowise destroyed the States. They still retained
their separate existence and their sovereignty except
so far as it was diminished by the grant to the Coy
ernlnent of the United States The same people
composed both They recognized the necessity OF a
National Government, possessed of greater strength
and capable of securing respect abroad and concord
at home.
They, therefore, communicated to it the powers
necessary to the general safety and tranquility
This left in the State Governments the great resi-
dunn proper for the management of their own domes-
tic concerns. The title to land-the transmission OF
estates-the personal security of the citizen at home
the domestic relations-in fine, the. nulnberless
subjects OF municipal regulation are all left to the
control of the States
This distribution necessarily involved correlatiye
duties and obligations. The citizen became the sub
Ject OF two Governments-owing allegiance to two
separate soverelgntes-he was, at the same time, Il
citizen OF the United States and of the State of
Delaware
In case each kept within its appropriate sphere no
collision could ensue but, each had its own egis-
latye, Judicial and executive administrators it was
loreseen that questions of jurisdiction would neces-
sarlly arise and that the State and National Govern
ments might differ
Notwithstanding the attribute of sovereignty
deducible from the possession of powers necessarily
importing it, the Constitution specially ordained that
This Constitution and the laws of the United States
(which shall be made in pursuance thereof X Y X X
shall be the supreme law Of the land and the Judges
'in every State shall be bound thereby, anything in
the Constitution laws of any State to the contrary
Notwithstanding"
This declaration, comforting not only sovereignty
but supremacy indicates that the relation which the
National Government bears to the citizen is higher
than that Of the State 1t announces that his prim-
ary allegiance is due to the Nation and in case Of
conflict his obligation is first to obey the Government
and defend the Flag of the United States
1t an ObliuatiOn from which no Stntn
State Convention or other State authority whatso
ever absove him. The claim of the United
States is paramount its jurisdiction supreme-his
allegiance is personal, his liability, indvidual-t
issues its mandates to him a subject and executes
its sentence against him as a man.
This furnishes the answer to the sophism that the
suppression of rebellion is the coercion of State
The force employed by the Government is not leveled
at States in their sovereign character but against the
individuals engaged in forcble resistance to its au
thority. When the United States convicts and pun
ishes criminal, for robbing the mail or counterfeting
the currency, she does not inquire whether he is
citizen of Delaware New Hampshire, but takes
cognizance of him as person amenabe to her orgi-
nal jurisdiction. These pretended ordinances of Sc
cesson, are legal nullities, Having the semblance
OF authority they possess other or higher validity
against the United States, than would have been
conferred by any voluntary assembage of indivdu-
ais, The only sanction they can claim is from the
force OF arms. If the rebellious government at
Richmond can maintain its position the insurgents
will have accomplished Revolution not only
against the Government, but against the principles
upon which it is founded The contest on their part
is against the right of the people to govern them
selves resort to arms against the decision of the
baot-box The title to their sovereignty will be
found, not in any State enactment or Convention
Ordinance, but In their successful resistance to the
powers of the United States.
By this complex arrangement in the creation of
two soverelgnties opposing forces were brought in
operation The problem was presented whether the
centripeta centrifugal force would predominate Or
whether, with powers duly adjusted each Government
would be kept moving in its proper orbit.
The nature OF the State Governments-the imme-
diate protection afforded by them to the citzen-his
everyday interests secured by their legislation and
decided by their judicial trbunals-the great fact
that they the direct of personal aggran-
dizement-the election of Representatives practically
by their people and Of Senators of the United States
by their Legislatures, conspired to keep alive
of their benefit, while the influence of the National
Government, though far more efficacous in contribu-
ting to his security was lost sight of by the citizen
because removed from the sphere of his immediate
observation
Like as the laws Of attraction and gravitation,
whose unseen operations keep the Universe together
are less regarded than the summer showers visible in
the crops that fill the granaries of the husbandnan
Counteracting this tendency to disintegration was
the rapid advance facilities for travel and transpor-
tation and Notwithstanding the immense increase of
territory and population, the extremites of the Union
less distant from the heart in the great CONNER
cial depots of the country than when we emerged
from the Revolution
Though retarded, the antagonizng quality of State
Rights soon became manifest, and found its first
practical development in the announcement of the
right of State to nullify act of Congress when
it appeared oppressive or unconstitutional This
political heresy, though falling far short of the mon
strous pretence of the right of secession, sup
TaolrSop and +hnunh noIit;ooII1r opnoead 10 b;e