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. ifIWAO,
Satirday, Fi '.ru ,ry 8 S 1834.
U’e again uoiify persons indebted to us, that
we will take bills of any denomination, on any
of lite solvent banks, in discharge oflheir debts.
GOI’ER?\OR TROUP.
The* hitter of Governor Tiotip, found in this
d <y> 1 :■;< Hij/ ijccr, we la!;.- fiomlhe Southern
Recorder ; whatever may be said of this letter
Ji pa s to silence one important point that Las
‘ippe ,ed S'i.r.ewhat (Liibtful, the author is no
Pudift and is very explicit on that point, lit'
says “ 1 am not certain that you are aware of
m>v c i. ly and uniform disrelish of tho doctrine
of i\ dldieation, as maintained by tho ruling!
state.” I
a ‘8?”
; U.-oJV '*
£ *”» B/ -
Bn
. ■ ■ hf
i: ■ ?
f. ims the cs’am ot this very sick and r->
pe’l ’Pitt)’ old "cnilrman, at bis demise.
which will soon take place 1
We bid it intimated not long since that the
public might expect tlie views of Col. Tump,
we acknov. lodge they have reached us through
u < liaijmd we did not expect. Vv hat will they
S<v that bad a right to expect to h ve •ho ho
nor ■ f ! ivmg til i loiter, first, before the pul It?
\V»* have beard of some abortions inspecting
the fo>m'tiou of auxdliaty Associations, in
Stone of inc coun ies where it has heen attetnm
ed. '.deed the thing occurred in ’his county,
last S alurilav, we look upon those that have
faded in 'hose ma'icrs, as mm h more fin tuuale
than those that have succeeded.
Washington, 10 it Feb. 1833.
Mr Deaf. Sir- Knowing that you wish to
nosm:-,s my vnv.s ol the present state of allitis,
a.al of .he iiiMsincs connected with them, I sit
down ’<> their exposition, with the conviction,
th ;i whether rltev happen to ho in accordance
V I) \ ott; own oi not, thev will receive a kit <1
arm ito a tabic iimimt, more than propor’ion
f'(t .ti tin a desetts ; md 4 valueless, be dismts
j, ’ s’ it l> ihe genet osit \ and tltbmitvso conge-
Iti,.i to your nutate ; otherwise, it in iy boa
1 ■■. ary to votn son. ni, namesake, who, if
jj i i: he patriotism of the fuller, and vn
-It> I the mother, m;.v find them useful to
L •, n >i. .’air. i»j» •»; num mi hour ol trial, <*
we '• ilon ', tin* r hts ofihe S’a’os, against
a • siroeg government crea’ed by the States
lie. itrou'cnuig bv • most unnatural action, to
c, •> .to humble, and fin liy to des roy its
C* i. wi id’ in the natural and healthful <c
li. :i • svste.n, would be also its preset vet .
I ,n mo cer'ain tint von mo aware of ins
r . tnd nitifoi m <lisie|>sl> ot’ the dor'rtnr of
JX fiction, as >in'.lined l>\ the ruling p'ltv
it ms er state. My abjections to tlri(do<-
p were imconitei ted wi’it parly of unv k'iid. !
Umi were founded on the* d;(li<nliy ot recomul ;
Bill; :e p< acel.iitiess tnd con ;t ■. ot ioualil y white
pow _r!. d rcmediHl procc-**
* ' ’Si 1 » “S-
S'V ‘ T
I '
v
i ’ ■ ni
st. -.. . oat could he lawhdlx made. 1 is
nssun *• th . f ie, that ’he I >ws must be exe-
; "i li i vents, ‘cccrd.ng to the sft
j ~■<■. >• i in F ut tal Compact. But who,
j ,s :<s ■’, me the jtul.'es of these slipu
| ' X■ i ■ ir<* cieite bv die comp ict.
< ■ ee emu sol die I a ltd S’ t es.—
'I h • ’’ 'it 'ft ; et om sof tlie Cnitid
S' • mr- b 'itiifiri’tl to judicial cases, to
t'm » * ..s on o| ol ic.'.i (pics ons between
sox* •■’ •p- , •>• • I ’ he coutis of the I uit
i*o ' s have iat .mount jurisdiction. The
tlie rc«ervrd rights or powers in
tt • ie vu*rv ei romotoh tb-eined to be
ti p« w r. Tltev, or the. contrary, are
<» ’ >n<l jMtwers whit !i are usually ev
Ct . • meiits. or erp’ved by the people,
anti * have it.it !»<*<•:« riven to the Federal <»o-
Vt > . • Il they were com’■ rp“i t« im an sove-
r< igo •■: ver. «!*>•» indeed i' w.uild follow, ti.rt a State
li.-m conceded n p<e lion of its soxcreigifv tu'lugo
v , inert <>t the I i.i’. <| Stites nmi. -t red oily a
| >!tf. r n-eli. v hi.. h would I makimt th. ’ go-
vctrtrt • mvvreiir mhe it is I\ - x tit. ,'ove
it o '»’ if b'b ■j-'t-* ■■■ <1 reserved j- wers,
Li,', is niiiLu tuc uric nor the vlbrr.
c ‘controversies bn!ween hVo or morn Stair s,”
mean only such judicial questions ;tr> are pre
| sen ted by “ cases in law ot equity,” to which
i their jurisdiction is limited by the Constitution. 1
i Political font! ttversit’s ot questions between g<>-
i vernments, could no! have been intended, they
! not iidniiiditg the interpretation <>f cases in law
'or equity ; much less could political contro-
■ versics between tho Slates and Federal Go- ;
i ve;nmeiit have been intendm.l, they.not being
. recognized by lhe Constiiution as parties in
i any cases. If therefore, in controversies be
ll ween those parties nu independent tribunal .
! lias been established for their adjustment, wc J
I can have no alternative but the tesort to onn or;
| both of the parties—if to one, which one?—;i
■to both why ? If lhe parlies were equal in all.)
i t inspects, teason would ptescrib n equal pai’ici-'
i pation in tho adjustment, which would be an '
i adjustment of negotiation—if they were notj
1 equal, but the one was in power and authority!
i superior to the olher, the same reason might
claim for the superior party a participation in 1
proportioned to that superior!- 1
wemi the government of a .Stale and .'
td ike l?i):p’*d States, thiseq i d- |
bolh rcpreseui sovereigns, must be
||«r*“^Bed —rm superiority can be cl aimed f>rj
tiinent ol tho United States,
(/flume
H, P'..-,',.;.S miss,
of (.me
F’tn eovm ir-omt of i,'in Un'fed/Stay®
’• i >m the
<■. > V r-1 ;.
a:.d .1 MM
l.JH.'t '
. i'lMim-ti’ < f a;”, political < oi>
I' may arise between them. But, as
' .’ovt’inmen: of the United States and the
; feignty ol a S’ ite, there can be no such
i r y, the same sovereignty having ciea'.ed both 1
(governments and standing io relation to each
( other of creator and creature —hence the right
j of a sovereign State to decide for itself, without
! appeal ; still it is among the most sacred of its
du if-, t ' fulfil strictly, all its engagements, es
pri r d; it co ;stitutionrdengagements, they be
ing id tho hi best and most solemn import, not
engagements to lhe government of the United
States, bit to the other sovereign St ites.—
1 here is no sovereignty in what is called ihe
United Stales— i>" United Slates is nothing but
a goveriimi ni m a confederacy, the style of
which is, “ the United States;” andgovetn
tn’ n according to our doctrine, is not save
rei;:ti, but is agr nt or servant of die sovereign,
i <o\‘ oign must be t’ tiud in the St i’es, that
>•• a !'• of ’he S' i'<*s. Il is in virtue
ofihis soveieignty that the S’ lte goverumen's
is Im men ; and it is in viritie ofihe s.ime sove
reignly h i die Uiiimd States government is
foriivd. Firs s.ive; eijn’v, wherever it exists,
is omnipotent ; n is the same in one indepeu I
fin c immminy is ano li<*r, and is insusceptible
ot division, of incteas’’. or di mmuion ; it can
only he deslroved, bv destroying the communi
ty in which it exis's. Constitutions mid govem
meius me em inations from n, as light from she
sun, which parts with it const oiilv, wi’hout il
ls- It being unpaired, or was ed, or weakened,
i 11- ne<* !t is, iliar n m ikes -nd uom kes at plea-
I- ' , id knows no stipeiior Imt Divinity, and
no law hm lhe mnvcrsdiaw ordained by lhat
Divinity, which is the I iw of riglit md jus.ice.
' According to our theory -'nd practice, the mode
i<d action of this sovereign, ’s to toim C ns itu-
I nous, vhich t.irescribe die >n|es for lhe conditcl
of tho igeni or so vmt c died the government.
It the sovereign is dissatisfied either with Hie
iiilo or with the conduct of the agent, it can
abolish or ch ingo it at pleasure. If u ctn
abolish oi change ihe 'tile, it ran destroy the
I i p ie, i’craus th'* ide is of liigbei powei and
! authority. Admitting thmefoti*, th it a S a'o
may, .o any limo d"str<iy i s own S ate Consii
; “Hion, <’an a Siate ”1 i s own pie isui , destroy
■' io ('“usinution ol the Uni'ed S’ties ? The
! '<mo power which created the one, has created
I in' other—and may it not for c nisi s, which
s i dl seem good io itself, change or destroy the
one, as w< Il .is the other ? Tin* mswei is, no.
Bee ’11“’ othei States equally sovereign as iiself
oe equ.d parties to it. Bu> although a Stale
tn iy not tor tiiis reason liter or destroy ihe
<’■ •nsiitmion, it may throw’’ off; it may release
S'df ; it may', by its own voli'ion, foi jus fi <-
ule Causes, cc >se to In* a paity |> ii. V e
here no such good and jusiifi’ble causes ? Yes.
BThcre me such as will jus'ify the breach of i
Bompact between sovereigns, bv one of lhe
to th’* compact; manv of vhich <• mses
*• to be found in th it public I w which is
D vine I i’.v, which is 'he law of light and
a“ which l> ; ig i ie p.irmnoii'ji
’ v • -nr ( ons
e i
.v , . i■ t , I ■
uSpoimd of all ihe s: vcicij . s
B-■ . ••
■Bo di g ’c-. I is ’h’* same in miull >
B’in-ii om* . th" s i:n<* io it.c S'n'e <>. D
. ■ oi Rn-ido Isi oi I. as in tiie grea'e*o co n-
j mun y. I’ is said, dial the States have oaited
' vim mmy of ’.hen sovereign powers, as the
! i>wer to make uar, the power to mike trea
is, the power to regulate foreign commerce,
&,c. Ac Bui ’his is a mistake, they have not
; p. i cd with them ; thev hive merely aoilioriz
ied the common agent to exercise them, under
1 prescribed rules and limitations; the powers
; themsr Ives rcsid ng n the States, and iusepara
b'e t om them s independent commutiiti”s.—
It is true, he Constitution spe k- of powers
! granted and powers reserved ; but this only
menus powers o! tlie S' ales to be excciscd bv
the govetimi' ir of ihe United S'-ees ; and
powers ot i.t Siaies to be exc’cise.l bx ihe
S i cs. And wi h r<-g “d to lhe powers pro
hibited m the Gem-'al G(;v<*rnmcm and to'hi-
Stales, ii is only a <i’ 1 ira’ion bye ch to the
other S airs, tbai ii will not exeicise itself, nor
pennil the exercise by ihe common agent, of
such powers—>lie sove-“tgiry still retaining he
tlie uiiitv ind indivisimliiv which are o«< ’;i i i
lo it, and which aie indislructatle. I he fun
damental error has beep, to consider lhe Unit
( S assrlf«exis’ent, md independent md
soxet <*n, as a ; ; v t • a comprci between
si’.e-i . ns. j.n<f < c.pablo of inipat ting, is weii
its receivin’; sovereign powets ander siipuLu J
t j engagc-monfs ; but this error is dissipated sim-
I ply )»y isking, what is lite UnH-d Slates?—
’ Pei riiorially speaking”, there is no such sopa
j rate and identical thing as tho United Sl.i.es—
| “ United .States,” in tlie preamble to the Con
stitution, means ihe thirteen sovereign and in
dependent States, vnifed for certain diluted
I and limited purposes tix-iein rxpr'Sjed. Tlie
; same words were used in the articles of confe
! deration, one of winch ass'*riod expresdy the
. absolute sovereignly of caeli sta’e—in this sense
I it was nniversallv understood by the States im
. mediately after ihe ratification of the Cmisii'ti
i tion—for when it was attempted io bring one of
I these sovereigns before (he courts of tlie Unii- '
ed States, it was indignantly resented by all of'
) them as an insult, and flux Cotrilifuti’in was so j
; amended, (and I think by unanimous consent)
.as to prevent tho possibility of its recurrence. ■
j“ We, tho people,” mean th i people of tho
| several states, v. ho alone were competent to or
dain and establish Constitutions of govern nent,
i whether for lhe management offon ignor do-
J mestic concerns. ff New-II impshire and
j Georgia had not ratified the Constitution, they
| might have confederated and adopted the same
Constitution, in
- ■
Hr
|
’.yet no one would in ’tie first case,
the people of Georgia aod the people of Ncw-
Ilampsbire weroone people, or that in (lie last,'
i either state bad parted with its sovereignty to '
one or both govern men’s ; it would st ill possess
the same right to alter, new muddle or destroy
both. The nature and extent of (he powers I
delegated, could not impair the sovereignty of
the States, ifthe Convendon had delegated all
powers, Executive, Legislative and Judicial, to
General W-shington and Lis successors lor
' ever, tho sovereign v of tho Suites would have i
remained entire. When ihe monarchists of,
lhe Convention who labored the dos ruction of:
State sovereignty had thrown every thing into ;
disorder, and Dr. Franklin had advised thej
! Convention logo to praying, and the memb;
were returning home in despair of any .I;iu_i
being accomplished hm mischief, G inning
Bedford, a noble patriot of the now misrepre
sented or apos ale Slate of !)’•! .ware, in nod
lhe forinne- of ihe day, by warning them, if they
dared io touch the sovetcigiily id" his S ate,
that Shu* would call in lhe aid of foreign pow
ers to protect her sovereignty, ami so the
Constiiution passed exnlicitly rcco' r n:7.m" till’
• ' I
sovereignly, bv ihe organic nion of ihe S mate , ;
.md not in ihe least mpaiiing it hy the repre- i
setllalimi of the people of rich Stale in the i
11 uise of Representatives. Politically speak-i
ing, there is no such being us the Uni’ed S'ates, j
dis'inct fi“m the Slates, no. sucii community or
people. Tiiere is such a thing as the govern
ment of ’he United Slates, an artificial crea
ture, an iiicorporeal hcraditament but a go
. vrnimmit is mu a nation, or a people, or a com
munity, any more than it is a sovereign. i’h -
Coustiimion, to bo sure speaks of" we the
people,” but it only means the people ol the
States who formed that Constiiution, mid who
were the onlv rig'nful framers of Cons i’u mus
; —As one people or community, they hive
never performed a single act, ei’bcr to originate
tin* government, or carry it on, na ■ will they, or
can timy pci I'm in any to end it—no such peo
; pie or com jiimity could have been formed, bm
. by breaking up all the communities called tlie
Slates, md con-mlid ring the n in one in iss,
which never could In: do c bin bv force or con-|
sent. We s.octk of boundaries bi’iweim (he,
Uiii-ed Stiles ami for* ign states —but tiny air
on!’ such, hccai’S’* ’h<*y are ihe bo'iudaries be
tw on (In* Stars and such forciyu powers.—
The government of the United S’aies, if the
boundaries were (he.is, could Iter lhcm.it
m pleasure, which it cmnm do —it cannot ac
quire iriiiio v w’ hm a State for ihe ercciion
of needful buildings, wi limit the consent of that
State, and then m iv hive no jurisdiction within
ihe s.irm*, if wi lilicld bv (Il it aullp f i'V. The
government ofihe United Stales is, in fact, a
s .-i
V . .5,74.
, ger of ag'ia/ton ie; mem bv capri-
cious and irreg’iiir m ’V'Tmmts of tin Sines.—
Urie is 'mother f.nd-im a I error—liisicad of
asciibing wisdo.n, p. 1 : nee, m i Ici inan .ml
discretion to a sov.-irian S .ate, it is taken lor
gr Died that such S "e will not ut; Irrstand hei
true interest ; will not pmstie it, will i from
the whim or caprice or . .ssioi* of thi* moment.
Bm tins is not th • Ii 1 \ of Stairs ;on the
contrary, expcrr-iic • > proven, that ali w< li
irgnl.ited cor.'.V'iiir:es are most generally go
verned bv a u se, judicious and tempto 11c ic
gard to (heir own trite m’• e>*s. Now, what is
the s rocgcsi ligament winch bm is tli.s I
log thei ? It is int- rfst. Remove this mo
tive of intesest, and how long u.iui I t.:e I tiion
las —j i-i as long as it v. "d 1 take* lite '• ales,
cea ing to have in*r:'’St in '!:e Union, o wi'l:-
dr :*.v frini it. It is t’ ? b r * ’t 1 y ofihe -ys'en
while it is the surest fm'n.imion tor : s perpem
i’v, 1 hat each St - te is left to pursm* its own : . '
tries . in its own way, < ply . skmg tlie -'.'Vf 1
niPiii of the United Slates which it has ,ist-i
const; med. to protect ii from foreign Powei*
strong! r than itself, and to let it .d mt in
matters w hirh ir has n >t s;>ec civ taidrled at
care. How difl’ ren’ is this from tin* iJ”.a o’
keeping lie S ites t agmr bv force—to kiuq
together by force, tiig'se v.bo were brought io- 1
getherby consent; to keep Union by Cm’ce; lo j
■ j keep andl v by force; to keep brmiirily love by ‘
finer, to keep peace by force, it is ib-.ui J, and 1
| fortunately it is ;is impossible as absurd. Isa
single State, standing upon her soveruignry, re- ;
t sis’s the invasion of her rights, (his is not to be i
| endured because it endangers tho Union—if'
I some h.alfdoz.en States unite and secede, this, j
I though it so far dissolves the Union, must bt |
I submitted to, because it cannot be resisted—So '
! t’lat ihe 1 ightfulness of force depends, not on'
tlie rightfulness of (bi* cause, but on therel iti/e
strength and weakness ol' the parties. Bm let
us see what is lhe nature m l extent of the risk, ;
and danger to the Union, of admitting the right'
( ot a State; to repose itself upon its sovereignty,
io resist an aggression by the Government of
th<» United Slates. The danger and risk must
: bo measured by the probable frequency of its
; rccurrenco:—-how often lias it occurred since
( tho date of tho Union, and bow often is it likely
:to occur ? Surely it is not intended to deny to
; a State the right which is given to the worm,'
lhe rigli! to defend iiself, and to preserve itself; :
1 this indeed consists with the dr-riial of all sove-1
; ,( dsn*y, but I trust that in our downward course to
1 ihe grave, we have not reached a point so near its 1
brink. A state has engaged wirfi oilier StatesJ
that it will do certain things, and ornit certain i
other things; and that their common agent shall
be authorized to do in their name an I in virtue of;
1 their authority certain olher things. 1/ere then is I
acomner involving rights and obligations on tlie
it purports lo be perpetual and irrcx’ooa
Knd iri’-ii-.!. t ■■ ,1 j
take care of their own h'lpuiness, and
■l^^sis—arc these communities to bo boniitl from
generation to generatinn without the possibility of
finding absolution ? Is it permitted to ns of the '
I present degenerate day, to disinherit posterity, bv
I sending down to it a worn debased ‘mid abraded .
i shilling, which they cannot refuse, lint at tlie peri! ■
10l their lives. .Vo. ’’.very generation must take I
i care ofiisnlt; and bv all the nior.'d. political and'
I physical force it can ; il.vavs bomid by tho great !
! law of eter c.l justice which if is not permitted ’o in- (
! dividuals or com mniilies to violate—- but contrasts (
- <,n d engagements can be violated by communities i
under the sanction of tiiat stip’-eme law. Tiiis ■
liapi'iness when the sovereign judges that the ;
safe y, happiness and interest ot tho coinmunitv, '
r- ] iiip sue!) violation. Nothing is or can be re
q iircd of it alterwards, Lmi to repair whatever injury
; <>t dam ige p ;il jy ), IV( . done to the parties inter i
j esi? which, of course they are the judges in '
; equal degree, in virtm* ofihe same equal right’s and i
I P l ’’gji’tives. I he declaration by tlie contract, that i
j tlie j'nion shall Im perpetual, only means that it |
' snail he ~ , || ;l |,. r .ip, l-.igher mid cnjireme law, i
j win: h jiermits the parties to consult (heir safety.!
; lappi’icss mid interest. But wiih regard lo the '
ng -is ofihe olher parties. What can they do ? !
\ ssovert ignn they can demand salisl'aetion ; they :
: can g > to war ; they can annihilate (lie party re- '
I sisting iliov mav .-’atisl’v vengeance. Imt they mav !
! T’t compel timt party lo send .Senators and Repre- 1
I senuvives to (Congress or clentors of President to !
:a i cleciural col lege. If ’he party makes all the i
.iiiiu-n*')’ and reparation in its power, this is all’
. Pi ii < i ' be lirrtnUv d’miinded—mid where tin: ;
: p ililic law i. t isfi i, ;ii- p irty wronged ,-;ui i
j’lnaiii: its ap,>. a! u Im ■ hai sanmlnw lo all the sove
r’*.g , is ol i i i z- I w il I, who woi.l I then be
. ’he u nir.it if-, n -.v- on the party doing ’vnnig. and '
; the piny still- ;;:g wr.i ig. /Ii ivnsaid they ’nay
go to war, iini c . ri I'r.lv not by miv power ot the ■
t onstuuiiari. i'!;o (lonstitulion authorizes (he
I cd'Tal G>v ’rninenf to declare war—but not against
a state. I’h." articles of the conft iler ilion ex- !
pre.-’sly recognized the absolute sovereignly- and
indcpondenco of mt* sta’cs, and tho Congress like j
present Congress had the (lower to declare war j
b was i'.t 'M’ii.we I to he a power to declare war I
agai ist a state. The confederation was dissolved i
to make way for the new gfivermuent, not that the j
H' W gov: r.imcnt should have the pa.’er to coerce ’
a stale, but because as no government could |
h? iwe. which 'in* ctmleder i!io:> had '
ii'.ii, ii (•:); . <•(> individuals. This nrnver it am- j
ply p.)ss.-'ss-'.s, for nil authorised purposes, ;
and mo c li i i this it ciniiot claim. In tlie I
ex; i is'.* o! 11; ;s i war i <• in p: orc mi to any ex :
tremi v w icii the authorises—;
; But it in proceeding ’o that ( xtremi'y ii cncoun- i
' ters the sovereign pow; 1 of a Slate, it must 1
stop, because; i; is 1 more government without :
sever, ign y, a. 'ing agams: a s.iwn’ ign power. ;
It is tin**, h ii if he iction and counter action,
i proceed from iio two goyei nmenis merely, and
not from the sovereign power, the Federal j
GoV”riimc*ni h is ihe advanl’ige, resubiiig from '
(he s:ip;;!aiioiis of lhe compact, which its o.vn
courts in all cases m truly ptdicial may enl’irce, .
1 but if tho S’ate ac.ing by convention of the 1
whole people, shall throw iiself upon its sove
reignty, the o’ln r party may not proceed wi h-
i out an act of w 11. 11 is not admitted th at tho !
Congress his power to declare-w ;r gains’ a
S'no. O ger Stites miy comliine to declare 1
i■, but they do so as s ivere' n-;, to enforc;' sti
piilai: >n of (he eon 1 act if they please, or for ;
k i'ly tidier pm p ises .boy please. If they <!:■-
• t k- -1 •”**:<!’ h ■■■ d.
■. . ' ■ id and make 1 par’s -.f Iwo .;r!j irent Suites
with (he cot’seui "I th >se S ties, bii’ tlies are :
die : .di’s of war al) lof c;>’.,qarst. rie'V ii >ve
u.) ’ . r ’(> de I wi nni lividu ds c.iplu’- lor
. q .isti.'.’d, o in : wise than as prisoners cf war.
Bi is •- tri In: I lie powers conf’; nd by Hie ,
Cons’; niion *-h ill !;<* ihe supremo law, anv
tiling in he I ' tn Cons!i!otin:i of • S <<c to .
the contrary naw ihsi Hiding—‘ ims mikngtn ■ 1
authority oi ihe Consumfifm of lii • Unite i
’ S: lies supoi ior :o that ofihe States—md tins t< ■
ail true, but wan or i lined that supPi inrty?—
Why ihe sovereign which ordnined both Con
stitn’inn.— Might not dies me *overt’ign have
given tint r uiie’ioruy to die S’ate, over the
Uuired States C' n-:i’ution? Cort linl'y. T u v I
■ i.e bf>’h alike lhe crea’ma s ofthil sovereign,
who could mould uni fish on ihem at its w 11,
withom limitation or rcstr iin’. o’her (b in ev the
iws of God ud ii I’nre. i ir: Govei riment of
• niied Sores |a law, il is in cotif .r
--.l’ v with ;he Coas’iiu ; -n, it is arrested in its
X- n n I’.v the s'rveieigri power of a S ite,
decides 'th to" law is inemtsi ”c.n: will)
- '> —;! ;s a He th" r.gl” to t ikn-c ne of
? ii dr < L'S l h’7 ’O' I’t* naif m;.j void.—
'•! y ;;“t the power, of v» ii< i !'.* Con■■'.;!u!to; 1
• in; mi t•iiviiiaave s,-> t ]-. ( . >p? Vv’tiv n-a ,
i'i'y asdic* Smcem l .: Court, w ."a is in'
- • ere ;tme of .1 < • en’-ire, an I wh’ h o’ iids in
’ : tn ’ho S'. . : a-ig.i, but ...... . .
;e ’. :} ’”j then is an st* of s )vmr ri
pavrcTj id a c tse '.vuoi t* the b’j'-i aitoti of it’.;
United States Government is admitted in be
: c msttlutional. If fm r.s s I'fety or pi esm v.ition
I the sovereign can so act m such .1 case afortiori,
it can so act when the law is in I <ct uncons i.u—
(tion il, or of d.aiblid coiistitutioiiahly. You
would cheerfully iiusithe decision ro ch ■ Su
preme? Cour”, ihe membt rs of which up ap
pointed by the agetil, created by ihemstiu
meiit is itself ordained by this sovereign power,
'and you would u a trust it to the same sove*
reign power. Alter all it is so-11 'hat every
thing turns on the existence of the* sovereignty
and independence of the Slues. If they are
not sovereign and independent, wh ue is sove-*
rcigiity to be found? In (bo United Stares
Government? That doctrine lias long .since
beet) exploded. Sovereignty was claimed for
the g'.ivci uaiL'DiS of Europe, founded on fraud &
iiiurpatron or conquest, but our modem doctrine
recognizes no sovereignty but the sovereign
ty ofihe people: even the modern public law re
gards the people, or community, or State, as the
only sovereign. Sovereignly catmoi be parcelled
out and devided among d.fferent communifiesq
anymore than that primary and paramount aU
legiauce which is due to 11. The sovcicigil
prescribes obedience, decrees to whom it shall
be owing, and measures the extent of it in ihe
Consti mt ion. The power to punish treason is
given to lhe government of lhe United States,
and treason is definod to be “lhe levying of war
against th?! Untied Smtos, or adhering to
theii * enemies”—not tho levy ing of war against
j ihe United Stales, the State of the? Union, not
! agauist tin* government of the Slates, but a*
(gainst the people of ibe States; in short against
1 the sovereign. Let it be remembered that the
I articles of confedci’alio'i expressly declared
; tb it “t’ach Slate retained its sovereignty and in
dependence” without any qualification, and yet
i almost all tin? powers now granted, were r .af*ri
j granted, and many ofihem in 1 lie very same
!terin>: lhe words United States being used in
1 , .
, i?otn instruments in me same manner mu con
' veying lha same meaning. Nowit is evident
Itha’ il the Slates were sovereign and independ
-1 ent tiieo, they must be so now, unless an ex
: press and fni nial sm rendci by tho sovereign
power be shown, it being universally conceded
Hhxl sovereignty cannot be lost by implication
or construction—it is equally evident that if
any oi' the sovereign Stales hid failed to be-
; come p iities to (ho present constitution, suclr
! Stales might have rem lined 10 this day, as
i sovereign and iinlepeudunt as any Stales or
’ potimtaics of lite world. Ou these principles,,
laud with lliese limii ations, the the government
(ot tilt* United States, is still tli * strongest in lhe
jwoild, fin all the objects of ihe Constitution
: —’>■; ainiy for external ie! tiious it is one, and
,(l :s so because it is sustained by ihe sovereign
ty ot ihe States. It only becomes weak, and
I some times degraded tiud contemptible, wlien
’ foig. ttiiig its obligations as a sei vant, iltisuips
i the prerogative of the master, and plays lhe ly
! ram, without any pretensions to the authority
'or di’.nlty of the sovereign. If allegiance
• had been du..* to tho United States iu virtue
; of its sovereignty, there would have beet) uo
’ necessity for deli jing ire is.in against he Ull4l
- S’lHes. I’eiltaps the apprehension was
i enter'.lined 'hat *s no allegiance was due to
‘ihe United States, inconsistent with thi- which
is due to (he Stales, the United St ites Gov
ein noni would not have bad authority lo
punish treason, unless the power was express
ly given: and that if tho government assumed
; it, without defiiiilit'ii, it would bs excrceu’d as
lai bi’raril v and capriciously as by t ie gt)vr-Tn
j ment ot Europa. If allegiance is dj)£» to
| to the sovereign, and not lo the* goverumnnt,.
how can iln* ci’izens ob’*v die govern nent.
! and disobey the sovereign If ii be due o
! the govern nent, and not to ihe soveieign,
the people of .all rhe S’aies, know no o.iiei*
; ■ I’e laitci* th in dial which is due io the
Government of the United Stales: and of
I course that government is a cmisohd i’e one,
based on the existence of one pt ople or
community, an I not on the existence of so
, many sovereign and independent St ates. Trio
; obcdiai’ce owi i j to the Government of the
i U iiiie.l States bv citizens of the S ;;tes, is
I that which is required by tin? ict of tho
sovereign in the Con-itim.ion of the United
|St iles, of course cannot be iiiconsisten will)
jili.it which is dm* to the States. O.herivisO
‘il would he a government ot lhe most. <»»li
j ons character, by which a corrupt, vicious,
, intci’esiod m•; m ity, might dispose of the lives,
j lib'*’ tics ami fortunes of tho sm dler number
without check or control—thin which is
I'lipo ..bb’ to co tc.'tive a tyr inny more in e
lul, or a de ,>■>’. eq more absolute. Tie tc
'(:a! s’a’e o| things proves ii. For ye. sm :«
Iny rd thr? S’-ites ol tins Union have been
mosi e'i'iiesdy remtmsltaiiug, against c rtain
.proceedings of (Jon ;ress, avowing at '.ho
‘ ’"’-rm? time tlieir t.ma|;. . .abb* residu a.>3 not to
■ s'lomit io their),—l o.a rd less o( coii-.. rimnces,
.Ins govermin.'it! Las moved on wiiit a iixtnl
| tr! “ *1 purpo-e, w.i; h alutast extin tnshed
•<’ ■■ ol it'l'.rm <>r ameLoiaihm, ntrii' one
’“f iio compi li.rng St ;!"s Lis resowed to
> s lijmit n > imi gs. In |,;s f-x’re n v v find
’’ |- s v<‘in ' iosteail - I c ilatly a I indiuer
'ti'ly revi ?. ng the w n.le gv.)ti:i l, for tLe
nuii)'.; ’ <;| d'ci iiiig 'a Iteiler wo hi all
uin.’s on th ■ h? of tight, ja url the
U'’His:i-iriion, Indb’e thn *.w >rd is d >w.i. wo
Iw.’i'l by ill’ll', tn;; I > lil It S 1 ! <;f”
coni to all o'li"r Sa!. anv tigh - wl.atW
■ mover (ha( n> •• in the;. *- . u . st
; v tlir: and a!) >v • all, th’-ir righ' of s , •’a’v,
wi ::on: u .o :i;oy cunsidei litem ■>, .-is ail
'<i • woild Ilins. co.r,,(L r ’item, noiltiii > more
inti | i’Jy coriuit.nio’.:; hi i m. us . -s of viitch
bmn l to the goveri.m. a <.f th United
by a par inoiiii , .nee,
" i y,.'".’of will. l’i:-y uc.g Hirers
•tu ! it.', a ;;.',; '.'u.C to . ; ,;. char/ S '). I i lea
‘ iy. I !; . C -
CO; ; <lto the dot’iiu'.:, t-f t.i • day, 'I: -most
' . 1: ' < •)’’]- uso
.• 1 > a
I •! n"i<t !..• ' a 1
' w'l""I al ■, • . <".a!d
w >’’■ I , • ’. t in tho
y-
f’ •>- ,•>■;■ .. ,'.j 1.. "
!’•»V<;j r, j ) |! jp t . ( r !, ,