The Times and state's right advocate. (Milledgeville, Ga.) 1833-1833, February 20, 1833, Image 2
POLITICAL.
“The price of Liberty, is eternal vigilance.”
Ffom the ( harleston Mercury.
to tiii: people or Tin: soi th.
To those who are not believers in the existence
of a redeeming spirit in the people of the United
States, which, though now repressed by the art and
influence of selfish politicians, will yet rise in its
might for the assertion of Liberty—the present as
pect of federal affairs is inauspicnous in the ex
treme.
We have seen for years the people of a large sec
tion of the Union protesting against the violation of
the compact, the preservation of which all have de
clared to be vital to our independence as States, and
to our freedom as a people. They have reiterated
their complaints through their State Legislatures,
and through their Representatives in the federal
councils, but the majority of States have persever
ed, and the dishonored compact lias not been vindi
cated. One little State of this oppressed Southern
section, after long warning—after exhausting every
other expedient by which redress could be sought,
has by virtue of the sovereignty which she asser
ted, when she severed her dependent connexion
with the British Crown, thrown herself before the
Constitution, and assumed an attitude which makes
up the issue, not only whether the abuse of power
of which she and her Southern sisters complains is
it elf to be perpetuated, but also whether there is
any redress possible in this Union, when the com
pact shall be broken by those, who, wielding the
power of the General Government, are betrayed in
to abusing it to tlie manifest oppression of ilie wea
ker States. —In doing so, she has but rc-asscrtcd
the claims which she maintained when as one of the
thirteen Colonies she declared her independence
and become a sovereignty,—claims which she did
not renounce when she entered into the compact of
Union with the other States, but which she has ev
er believed were guaranteed inviolate by that com
pact.
In the crisis thus created, what has been the con
duct of the usurping majority—the conduct »f the
Federal Executive—and the conduct of the rest of
the Southern States, which last have equally with
herself denounced the unconstitutional adminisira
tion of the federal trust, and have professed them
selves equally solicitous for a strict constrution and
rigorous observance of the articles of agreement by
which that trust was created?
As was to he expected, 'the usurping majority
have identified themselves with their usurpation,
have disregarded her complaints—derided her so
lemn Warnings as empty menaces—and at last when
she has organized a peaceful resistance, through the
operation of her civil tribunals—they declare that
they will abate nothing of their exorbitant demands,
and that the tribute she refuses to pay, shall be en
forced by the sword! They declare too, that if un
willing to remain in a confederacy, in which the
bayonet is to be the source of unanimity or rather of
subordination, she attempts to withdraw from a con
nexion is to her intolerable—that she shall not he
permitted to do so, but shall be retained by the mili
tary force of those who are better judges than her
self of what best comports with her interest and
liberty;—that in entering into the Union, she was
mistaken in believing that she was forming a league
with equals, for that she was in fact utterly renoun
cing all claim to equality and sealing her inferiority
forever by becoming a comparatively insignificant
adjunct of a great consolidated empire—upon the
discretion of whose government, the liberties of her
citizens, through every variety of misrule, tvore
thenceforth perpetually to depend.—Atrocious as it
is, it is not strange that those who have trampled
on the Constitution for the" purposes of plunder,
should be restrained by no constitutional scruples in
enforcing the plunder, by murder.
And how lifts the Federal Executive borne him
self in the emergency ? After all the professions of a
Republican regard to State Rights, with which he
has garnished ail his oflicicj addresses to the coun
try, even to superßous excess, and after being rais
ed to his present station by the faitli of the South in
those professions, and by the faith of South Caroli
na among the rest at a time when her zeal in his
cause could not well have been spared, instead of
improving the opportunity afforded by tnc conjunc
ture, to fiulfil his oft repeated pledges, to illustrate
his devotion ta principle, and to establish his fame
for impartiality, justice and consistency, he has abu
sed it to usurp to himself supreme power; and his
present course has delighted those who before were
his enemies because enemies of the doctrines he pro
fessed, has alarmed and chagrined all his honest
Republican supporters, and from its utter repudia
tion of all his former pledges, has been the subject to
both classes of equal and unqualified astonishment
After all his state rights professions, made when
there xvas no emergency to put them to test, he puts
forth when the trial comes a manifesto, which the
most monarchial of the ultra consolidation school
declare to be the full devclopcment of their princi
ples. lie renounces in a moment all his State
nights doctrines, because he wishes to put down in
force a State which has availed herself of her sove
reignty, to the fruition of which desire he find* those
doctrines would be in practice an insurmountable
barrier. He tools that nothing but the sword of em
pire can punish her, and, that the sword might
be used to punish her, he declares the Union of
twenty-four States to be no Union of States, but one
consolidated Empire. He declares that the opera
tions of tne civil tribunals of South Carolina would
lie warlike; and he calls upon Congress to invest
him with full powers to subjugate her into un
conditional submission. He all at once avows him
self the most submissive and unquestioning minister
of the enactments of Congress having the form of
law, and most jealous of the dignity and zealous for
the efficient supremacy of the Federal Court: though
he had in his veto message declared that lie would
disregard a decree of that Court for enforcing a law
by him deemed to be unconstitutional. After ac
knowledging in his opening message to this very
session of Congress, that the Tariff' was a gross op
pression, that the conplaints of the South were rea
sonable, and in effect that the cause of South Caro
lina is just, he loses sight of his recommendation to
do justise, and almost extinguishes the hope of such
a communication by betraying an all absorbing ea
gerness to chastise and humble her, for daring to
contend for justice. We need here do no more than
allude to the arbitrary distinction, which he has
made between our case and the resistance of Geor
gia, which last bis creatures have contrived to hush
up, to clear his path to vengeance on South Caroli
na of the embarrassment of a too glaring a disre
gard of all consistency and principles. Such has
been the conduct of the Executive, who while it is
in the power of himself and party to remove the «»j»-
preseion of the Tariff, instead of bending his whole
•ffirts t*> this purpose, is misrepresenting the ac-
tion of6*uth Carolina, maligning tlie motives ofl**r
statesmen, and destroying all hope of the justice
himself had recommended, by bis eagerness to rein
force and employ in their work of blood, the legions
alre idy concentrated upon our borders.
And how stand the legislatures of the South? Have
they sprung to the rescue of their brethren, who
have planted themselves in the Thermopylce of Li
berty? Did their united bosoms form a glorious
shield for the long cherished rights against which
the Proclamation so abruptly unsheathed the Feder
al Sword? Did they not feel at once, that if one
State could be dragooned into submission on such a
plea, that the other states in permitting it must vir
tually renounce their sovereignty—surrender at
discretion, and live and breathe ever alter, not by
original right, but by federal sufferance? Did they
at once condemn the Proclamation in words of un
measured abhorrence, with the indignant spirit of in
sulted and wounded Freedom? Alas! no—The Vir
ginia Legislature, the only Southern Legislature
that has disapproved, has expressed but a mild dis
sent against principles which the spirit of ’9B would
have trampled in a phrenzy of generous indignation;
and has copied that dissent with disapprobation of
the course of the State that has mounted the breach,
as tha forlorn hope of the common cause. The
Georgia Legislature has violently denounced her, for
her imputed violence! The Alabama Legislature
has condemned her—and that of North Carolina
has been altogether silent as to the monstrous as
sumptions of the Proclamation,as ifin dumb dismay,
before the thunderbolts of “the ruler ofour destinies,”
it deemed them too sacred for scrutiny. The love
of office, of personal influence and popularity—the
spirit of intriguo, the fear of incurring tho displea
sure of the dominant party of the confederacy,—
and an idolatrous senseless subserviency to a man
have superinduced a total apathy to the cause of li
berty. On the assertion of regal power by the
President, instead of raising the hold rallying cry of
patriots, they scarcely dare to interrupt by a mur
mur the long practised music of adulation; and when
they should arm themselves at all points in the
stern panoply of freedom, their helmet is but half
put on, lest lHihould discompose the garlands which
they have worn in the triumphant train of a success
ful political aspirant.
But as we have said there are cheering symptons
of a reawakening in the people of the South of the
long dormant spirit of ’76, and there is strong hope
yet that the stately steppings of liberty will again be
felt from the Potomac to the Mississippi. Exhorta
tions to South Carolina to persevere, crowd upon
her daily, luminou* with intellect and rich with
hearts from every Southern State. The first minds
of Virginia and Georgia are labouring in our cause,
and such -minds cannot labour in vain. The move
ments of the people evince a generous sympathy for
our struggle, and aroused consciousness of their
own danger, and assure us that all will not be lulled
into fatal security while a vampire is .draining
through the vein- of South Carolina theTife bJoodof
Liberty herself. A spirit is abroad which if it fails
to secure a peaceful triumph to the Constitution,
will render its utter overthrow a far more sanguina
ry and perilous achievement than has been dreamed
of by those who make ajest of war, while they calcu
late on the physical weakness of South Carolina.
ItrPORTED FOR TTIE JOUUN VI. OF COMMERCE.
SKETCH OF MR. WILDE’S SPEECH ON
THE TARIFF.
llot sE of Representatives, |
January 113, 1833. )
About ssven o’clock in the evening, Mr. Wilde, of
Georgia, took the floor. The Hall had been lighted
;m fyr a long sitting, for many wished to get the ques
tion on Air. Iluntihgton’s amendment, and to report
the bill to the House. When .Mr. Wilde commen
ced his remarks, some cricJ “Rise; hut the louder
cry was, -Co on, go on.” Mr. W. said. lam going
on, and nothing shall prevent me.” -G° spoke, he
said, not to the high tariff members- — had re
solved on their course, and he had fixed UJ‘T U
He addressed himself to the friends of the adirn.ni
tration—to those with whom, as a party, he had
been in fellowship, and he would fain ascertain
whether even party spirit had the power of allaying
itself to the cause of truth and justice. The ques
tion was, whether this bill should lie rejected in or
der to enable the Executive to make war upon the
people of the South. Whence had this sudden ex
clamation against disunion arisen? The wole con
troversy was explained in five words by a Rhode
Island manufacturer. “What,” he says, “is the use
of the Union without the Tariff? and what is the use
of the Tariff’without the Union?” Last year it was
said, “you can't kick South Carolina out of the U
nion.” And now you say she shan't go out of the
Union. Now it is said, we must keep up the duties
to sustain the war. Now I say that the manufac
turers si all pay for the war; and. with my vote, they
shall not get a musket nor a man. 1 will vote for no
laws for carrying on the war with South Carolina.
The Tariff party of the country say that they pay
the greater portion of the duties imposed by the Ta
riff’—so they go to war with South Carolina for lib
erty to tax themselves. Now this is tile sum of the
question, to which I call the attention of Virginia—a
great State —not an empire State—she has no fond
ness for empire—the old dominion of sound princi
ples. Upon’North Carolina 1 call, Ac. The alter
native presented to the South Carolinians is, to stay
in the Union cr have their throats cut. Oh. most
holy Union, which is to be preserved by bayonets!
“Fraternity or Death,” beads our stale paper:’. Sir,
it should be so read—for those papers say, “Let life
be brothers or I will cut your throat: given in the
name of the Republic, by the Grace of Gunpowder,
one and indivisible.”—Discordant concord is pro
claimed by the martial trumpet, on pain of death.
Perfect union and universal peace is ordered on pain
and penalty of treason.” “Ala paix universal" was
the motto on the sign of the dungeon keeper, and
over it was the figure of a French guard. Soldiers
arc to be the guards of our peace- Such are not
the Peace makers who are called blessed. “Faci
unt solitudinem ct pacem appellant” was the descrip
tion given long ago of such Peace-makers—“they
make a solitude and call it peace.” But said Air.
W. we are asked, how do wc know that S. Carolina
will take this bill? No man has the power to offer
pledges that it will be accepted. But we know that
there still linger in the bosoms of the Carolinians an
attachment to their country.
But then you say, suppose xve do this, South Car
olina will go further and further, & stop at nothing
but the total ruin of the manufacturing States.
When was such a spirit as this ever exhibited by
the South towards the North? 1 deny, on the part
of the Southern States, the existence of anv such
feeling among them. Do not stand higgling «fc ban
tering with us, compelling every concession by hur
rassing debate. Show us what is justly and honest
ly necessary, and we will give it; give it freely and
graciously. My colleagues on the Committee have
■ labored faithfully and sincerely to reduce the reve
nue to the wants of the country, saving as far as pos
sible the protected articles. Air. \\ . then proceed
ed to what he, at the outset, declared to be his pur
pose.—to urge tqion the government party, particu
larly u| >n his party friends from New-York and
'Pennsylvania, the necessity of passing the hill.
TilirTniKwr
A*» ST.ti’E KIGHT'B ADVOCATE.
MILLEDGEVILLE, FEBRUARY 20, 1833.
TO Ol lt IMTKOXS.
The Editorial management of this paper havingchan
ged hands, the present ivritei for its columns believes
that candor, justice and prudence demand from him a
clear and prompt expression of bis political principles,
by which tic designs to be influenced and controlled, and
upon whose orthodoxy and soundness he looks forward
to that support which a highminded, enlightened and
patriotic people, so well fitted for their own government,
will not withhold from the faithful warder *who guards
with vigilance the portals of liberty, to be prepared to
sound alarm at the appearance of the most distant dan
ger, likely Pom its approach to weaken or destroy our
free and g'orious Union.
We have brought our mind to the conclusion, upon
a deliberate survey of the whole field of political sci
oneo, at least as our imperfect ken can reach,)
that the only safe, convenient and practicable mode of
sustaining our beautiful Federal Edifice upon the mag
nificent and stately pillars, erected for its support by the
Conscript Fathers of the Revolution, is the one pointed
out and practised by Thstnas Jefferson—that distinguish
ed artificer of political fabricks, whose demonstrative
genius and skillful hand saved from utter desolation
those very props, upon which our freedom and equality
rested, when the brutal arm of political barbarism was
about to be stretched forth to beat down and demolish
them, with the same spirit of obstinate and unrelenting
ignorance, displayed in the rudest ages by the destruc
tion of the monuments of science and literatuie. But,
that attempt of the modern Augustus Ciesar* at the de
molition of free government, can no more be compared
to the desperate and sanguinary resolution of the rival
of King Brcnnus, who is now clothed with the Purple
at Washing'on, than the quiet ami peaceable assump
tion of despotic power by the Roman Emperor, can bear
an analogy to the furious and inhuman conduct of the
Gallic General in tho sack and carnage of Imperial
Rome.
The Fabii of the South have endeavored to remon
strate with this rapacious and lawless military chieftain,
hut in faithful imitation of liis great Gallic prototype,
when asked to shew his authority for the invasion of the
land of freemen to desolate its fair fields, and to saturate
tho soil with the blood of its sons, he replies in the lan
guage of that fierce, barbarian, “ that hi* right lay in his
mrnrd." And as if determined to carry out the resem
blance in every action and every word, when the people
of the South complain of the unequal distribution of the
benefits and burthens of the general government and
declare their determination not to submit to the gross
fraud and deep injustice practised upon them, the Presi
dent of this free and aspiring Republic throws his strord
into the scale of our sufferings, and if we do not tamely
submit to bear them, he has pronounced our doom in the
appalling language of King Brennus to the Romans,
“Woe to thevanquished.” The President says, if we
resist oppression we are Traitors and we shall share the
fate of Traitors. People of tho South! the chains of
slavery are about to be rivettedon you forever! Wake
up from the delusive dream of security into which you
have fallen and break the links before they are rivetted
entire, when your rage at being enslaved will be “impo
tent i/c,” and all attempts to liberate yourselves will
but serve to shew you the weakness and degradation of
your conu'ifion.
Wc are t'|i.' l y convinced of the necessity of the integ
rity of the Unixn of these States, if we would wish to
preserve the bles/ungs of freedom and tranquility ; but
if the multiplication of governments forming that Un
ion is to be made, in the language of the President, an
unit, if they are to be destroyed either by a fusion of
the parts or members inU> one irhole, one consolidated
indivisible Empire, or by dismemberment into as many
fractions or fragments as there are States, we should un
questionably choose the latter mode of breaking up the
Government of the Union. \\ a would preserve the
Union whole and unbroken—we could wish to see it
Cl Mitinue as it was originally formed, but if it is to be
mri : b.Rated, may we, in mercy, be saved froru Consolida
tion anv 4 i** dreaded but certain progeny, military des
potism lx t' 0 P' ,rt3 arc disunited, as they were origi
nally, land have be'-n since our first Union, we may very
rationally and ei-nfim ,mi - v , anticipate a re-union upon
the same Republican ,‘pun nation as that upon which the
present Constitution was tOed 1 : *>ut the moment we arc
so be run into onr nation, like the •Wty °* attraction in
metals, we shall not he able ever ngg' n 10 Giscover any
traces of our original form of Govefnn..’ I,: " or a aobtary
ray of our freedom and independence, ii w< ? break
the links of a chain, we may,by the application or .?*- 1
ful hands, mend it again ; but if we sutler it to be mould
ed into a solid piece of iron we may expect to loose its
benefit and value as such, and it will, in all probability,
be converted into manacles for our limbs.
We hope we may he allowed, without the charge of
pedantry ot the imputation of presumption, upon this
occasion of unfolding our views, to undertake a brief
analysis of our government for the fuller devclopcment
of tiic principles which are to be our cynosure in the
conduct of this Journal, it is the language of publi
cists, whenever a society of men is united or formed for
the purpose of mutual safety and protection, to call such
government or body politic a Slate or Nation. To
each individual in a rude condition belonged the physi
cal right of doing as he thought proper, subject to no
earthly control, save his own conscience and superior
force exerted over him by others. If individuals in this
situation elret to form themselves into a society for the
increase of their strength, and the advancement of their
interests, and for their protection from the rapine and
violence of one another, as well as for their defence a
gainst the invasions and assaults of powerful and hos
tile neighbor*, each individual carries into tins society
equal rights and equal privileges, which, when united",
are enhanced rather than impaired by an union, cement
ed by a common clanger, for mutual protection. The
members ol thtssocicly may, by general consent, mu
tually surrender such physical rights as are deemed of
dangerous tendency when their exercise is left to the
discretion of the individual possessor. All persons in
this society, being equal, have the same identical rights
and their cession to the common government must be
correlative. No man or set of men in such society has
a right to claim, exact or exercise greater privileges, or
derive higher advantages from the common functionary
of the whole than others of the same community. This
abolition or suspension of certain natural rights, bv
common consent, is the foundation of th». government
or body politic, being intended to control the refracto
ry members, and to enforce obedience to the obliga
tions they have have laid themselves under, to respect
anil acquiesce in whatever rules might be adopted for
the common good in pursuance of the social compact.
It was the understanding when society was first
formed, that each individual was to submit his own pri
vate wishes and individual interests to the general in
clination and con inon good of the whole community to
be judged of by the government of their own selection.
Tho right to enforce obedience to the laws and regula.
turns of the government, as made under the articles of
*J'hn Adams,
surrender, can only be applicable to natural, not artificial
beings. Wccannot indicia punishment upon the body
politic as such. Tin's is the distinction between indivi
duals and States or Nations. The laws of the States
operate upon the forinpr, those of the Fi k rai goverri
m't. upon the latter. The right to 11 force o' cditt.ee tothc
laws was surrendered by each man in the Convention,
that framed the social compact. The original formation
of a government, our readers must recollect, presuppo
ses a state of nature, when men ware without all law and
political regulation. The urgent necessity of the case
when the social compact was first formed, placed a kind
of self-ctmstraint upon men to enter into tiiis society, to
eschew the most aggravated evils that might otherwise
fall upon them from injustice, infatuation, obstinacy,
rashness, and all the other thousand ills which belong to
the nature of man, when unawed and unrestrained by
wholesome laws, administered with justice, firmnessand
moderation. But this self-cifnstraint cannot he suppos
ed in the case of free States and independent communi
ties, able to protect themselves, and that are in t he posi
tive enjoyment of all the blessings of civil government.
This view of their case,and it is true of all men when
they are transplanted from their original state into a so
ciety of got eminent and laws, places individuals in an
entire different position from large, respectable and in
dependent communities, who, for the purpose of harmo
ny, protection from foreign enemies and the benefit of
commercial intercourse, form a union of their several
distinct societies or governments.
We all know that in forming a government ah origine
the people surrender to the government the powers they
have abandoned, and that government can not extend
or abridge its powers without their consent. In the thir
teen different political societies which were formed up
on this Continent anterior to the Declaration of Indepen
dence no mention is made in the transfers of power from
the people to these seperate and distinct communities
of any right being vested in them to merge at their plea
sure, the original independence of the governments of
tiie States into one solid empire of people, with one great
national head, as though they had been thrown hack in
to a state of nature. Sucli a mammoth nation cotiid not
he legitimately formed without the consent of the people
expressed in positive terms; —and whenever it may he
created, either by the consent of the people or by the
fraud,oppression and tyranny of their Rulers, Liberty
civil, political, and religious, will he destroyed. If then
the several State governments were not originally inves
ted with the power of amalgamating tiie people of one
State wi th those of another by its like consent, can it be
shewn that the people of the thirteen communities, which
originally composed this Confederation, resolved them
selves into their original elements, and then formed de
noro, as one people , a society and government for them
selves. We feel a strong conviction that no man would
hazard his reputation as a Statesman in the assertion of
such a position with tiie history of our Federal and Stale
governments staring him in the face. According then
to the plainest and most obvious principles of right
renson ia deciding upon the present structure of our
State governments, which derive their legitimacy am!
force from the consent of tiie people in their multiform
nationol condition, the present Confederation is not in
strict propriety of language, a Nation or State, ami has
not all the attributes of Sovereignty in the enlarged sense
ofthose terms : for the government of the United States
was formed by thirteen communities, as States or Na
tions, with all the appendages of the most legitimate
Sovereigns, each one giving, in trust, a part of its indi
vidual sovereignty in certain specified matters to that
government or agency of the whole. Therefore in no view
of theyase can it tic said to be formed by the People, in
whom alone this full, undivided sovereignty resides.—
W c might, according to our views of the powers of the
State governments, make an extreme case for the sake
of elucidation, and admit, if tiie State governments, in
forming the Federal Alliance, had given up all tiie pow
ers which they could exercise and which had been del
egated to them by the people , yet that general and indis
criminate cession could not be construed to carrv with
ii a surrender of i lie “Separate, independent and sover
eign existence of tiie several States, for the plain and
obvious reason that the State governments had no such
power delegated to them by the people of the several
States. Nothing, we would repeat again with that em
phasis which its'importance demands, can he produced
in the State ConstitiTffbns, authorizing those govern
ments, by any act of theirs, to transmute the people, as
it were by enchantment, fiom a social into tiie natural
state, and then again, with a motion of the magician’s
wand, into a society more enlarged, more various, and
more unruly, and by consequence more despotic than
the governments of their primary adoption.
It docs not appear in any of the State Constitutions
that those governments were invested with that full and
uncontrolled sovereignty which characterizes ail unlimi
ted and despotic governments. From this fact, so ac
cessible to all, w e arc led to infer the like want of right
ful power by implication, which might be drawn from
the existence of unlimited authority, to unite the thir
teen original States into one people and one government
by any act of i!:c:r public functionaries. Nor does it
indeed appear, from any thing we have yet been able to
discover, tiiat this full, undivided and uncontrolled sov
ereignty, rarely, if ever, deposited by a free people in
the i.m'ds of the government, is nesessary to invest it
with ail tire dignity, authority and energy of a State or
Nation, if that were the case, few communities ofpeo-
ple could lay claim to the honorable and commanding
title of Sovereign. It is upon the idea of a limited sov
ereignty in the governments of these States that wo rest
all our arguments to maintain the pustulate w c have as
sumed, that this is a confederate not a National govern
ment. As it may be said that the people, having sanc
tioned wiiat tlie agents of the State governments perfec
ted in the Federal Convention, thus confirmed their acts
—so also has it been asserted that those agents did in
that body surrender the Sovereignty of tiie States and
amalgamate the people into one Nation. It has been
solemnly argued from these false premises that we are
one people because the supposed acts of the agents of
the governments bring Sanctioned, tacitly at least, by
the people, that therefore it is the legitimate act of the
people, upon the principle of facit per alium, faril per
sc —what one does by another,lie does bv himself. This
mightbc true, if the States had not repeatedly disclaim
ed any and every surrender of their sovereignty, Row
ing the supposition to be well-founded that the aornts
themselves had given it up to the Federal Government.
But who is to decide all this, is gravefy asked by one?
This would be a perplexing question to answer to the
satisfaction of those, resolutely bent upon sustainin'* ev
cry act of the government of tiie United States. But we
find no difficulty in solving the problem to our satisfac
tion. We make it thus—that in the case of sovereigns,
between whom there is and ran he no common arbiter,
the parties themselves must decide the question. This’
is no new and untried theory hut it lias been a principle
of the law of nations from “tiie time whereof the memo
ry of man runneth not to the contrary.”
To the specious argument, drawn from the tacit ac
quiescence of the people in the supposed surrender of
the sovereignty of the States by the agents of their sev
eral governments, we could oppose a volume of evidence
to establish the non-entity of those premises from which
all the absurd conclusions of the Federal party are
drawn. Let it he admitted for argument’s sake, that
without authority of tiie people cither expressed 'or im
plied, the delegates from the governments‘of the differ
ent States had, by the most artful and disguised covin
m the use of ambiguous expressions or otherwise crea
ted this a consolidated Umpire, yet th u sanction of the
people, (without w hich no act of their agents is biiidinrrt
as expressed in their several State Conventions, only ," x .
ended to such acts of the agents as they could rightful
ly perforin by wrtucofthe powers conferred upon them
by the Legislatures of the nUm>
tiie question beyond the reach of cavil, in every ones
those large, respectable and enlightened bodies, great
stress is laid upon the retention of their original 'sover
eignty unimpaired bv the Union, and a resolute and fix"
ed determination expressed not to yield it up.
If it were indeed true, tiiat no .government could be
sovereign tiiat has ever parted with a portion of it s p ow .
ers, us proinulged in the late Proclamation es the Fe
deral Executive, we do not despair of our inability, fee"
hie and unlearned us we are in political science' to
shew tiiat not only can the government of the Union not
Jie sovereign, but there never was a terrestial govern
ment of which we have any knowledge that could ad,
vauro any solid pretensions to sovereignty since tiie first
dawn of civilization in the world ; inasmuch as all n a
tions, at some time or other, by Alliance or Lea«ue or
Treaty, have surrendered a part of their Sovereignty
which was or could be resumed at the discretion of eith
er power. This is a truth too well established to be
denied by the strongest advocates of Consolidation.
We will here take occasion to name, cx speeiuli gratia
some of the powers wanting in the Federal government
(admitted negatively in the Proclamation to be essenti
al attributes of sovereignty bv the assumption of tl, e
position that no nation is sovereign which has relinquish,
ed a portion of its independence or does not possess en
tire and undivided sovereignty) which must deprive it of
its supposed paramount authority over the States. Eve
ry sovereign nation lias the undoubted right, of its own
w ill and pleasure, to alter or abolish their form of gov
eminent. This is the soul of sovereignty and indepen
dence. Without tiiis vital principle, we can produce as.
thorities without number from authors upon government
to attest its want and incapacity of sovereignty. Can
tiie United States, as a ration, do this with respect to the
Federal government? Is not every alteration or amend
ment of the constitution obliged to go through aprocess
which manifestly establishes the truth that the Federal’
government, instead of being independent of, is subordi.
nate to the State governments? Does not the power toal.
ter or abolish abide with tiie States, as independent
and distinct communities holding that important right of
sovereignty? Every sovereign nation, in the view of the
President, ought to claim exclusive and entire jurisdic
tion over its citizens and their property within its limits.
Is not tiiis one of tiie prominent powers of otir state nor"
emments? How few are the restrictions they have pliTced
upon this power pervading all sovereign nations? Ifiwo
are to take, without qualification or exception, the Pras
ident’s idea of a sovereign nation, it can claim and exer
cise Supreme Legislative, Judicial and Executive author
ity over all matters which pettain to the government of
the people within its limits. How small a portion of this
power belongs to the Federal government? If we mev
he allowed to follow tip the views of tiie Executive
as furnished in the Proclamation, every sovereign
nation has a right to demand and enforce the alle
giance of its citizens to the established government
without limit and without control. Can this power, in
extenso, he claimed for the general government? The
American Citizen owes but a partial allegiance to the
United States governmant, and is subject, in the main,
to tiie laws and regulations of the State government un
der which ho lives. This partial and limited allegiance
cannot, by any rule of construction with which wo are
acquainted, be mads to comprehend such powers of
sovereignty as belong to England, France, the monar
chical brain of the President et id otnne genus: nor in
deed does it adhere to the governments of the several
States, which retain by far the most extensive and im
portant quota of power in the division between them
selves and the government of the Union.
VS lien two or more governments unite for general defenc*
or a common object, the citizens of one state or nation come
partially under the allegiance of another, so far forth as the
execution of the laws, passed for the common benefit and the
immediate the Union is concerned. The citizens of
all states or nations that unite themselves, are bound in good
faith to obey the rightful and constitutional regulations made
by the constituted authorities of the alliance ; but each party
is thejudge of the extent (of its obligations to submit to these
Uwoun.i .fu other allegiance than the duly to
obey, without obstruction, the laws rightfully made, and the
power to enfsree them peaceably hy judicial process, can be
claimed by the Federal Government over the citizens of
the United States. It is a limited and temporary aileuiance,
because it exists only at the pleasu* of the States,"being
transferred by them, in trust, to the Confederation, over the
citizens \v tthin their respective limits, which must necessarily
lie resumed w hen the sovereign people of a state so dettr
mine. We hope it will not be pretended that the people of
the states, so soon alter the revolution, sanctioned so flagrant
a usurpation ot power, as the supposition tiiat the agents of
the several state governments had aggregated the people of
the union into one nation, in defiance of their declarations to
continue sovereign and independent, would so reasonably im-
W e will offer one other illustration of this important fea
ture in our government, upon which the great questions of Se
cession and Consolidation hinge, and bring our remarks to a
close. VVe have said that a government of the people, such
as that of one ot the states, can do no act which is not directly
authorised in the constitution, to which its authorities must
lookfor all their powers, sinco the government is amcre agen
cy, and cannot transcend its letter of attorney. To bind the
people hy the act es the government to the performance of any
obligation, it must be shewn, either tiiat they directly autho
nsed it to contract and transfer fur them, or that they havera
lified in explici t terms, an act done by the agent dt’hors the
agency, (.an then any solemn declaration of the people be
produced, assenting to and confirming the renunciation of
iheiroriginal sovereignty and transferring it to anew power
created hy their agents ! If neither the governments being
expressly authorised, nor the people of the states, by their
own quit-claim, have given up their original sovereignty, how
can these states be said to have lost one of thetr primitive and
principal attributes? This state has transferred a part of her
Sovereignty in trust to a common agent of the co-States for
their united welfare and defence : Will any man denythata
I rust may not he set .aside, whenever the Trustee acts be
yond his powers under the terms of thejtrust ? We will il
lustrate our position by an example familiar to every man of
tiie plainest and most limited understanding. We will sup
pose that A gives to 1), in trust for C, tiie rents and profits of
a certain estate, as long as C continues to demean hintseif
well, or as long as he adheres to certain opinionsof religious
or political faith. Here is a trust, liable to be revoked at
any moment, bearing an exact analogy to our novel political
relation. In this case no man will gainsay tiie position, that
A is to he tiie judge of C’s conduct or opinions ; and tiiat
lie may recall the benefit of the trust, whenever, in his opini
ion, this change has taken place. Altho’ there is no express
reservation in tiie trust of the right of A to judge of the
l.iilurc of < to comply with the terms thereof, yet it is im
plied in the very natn re of Its creation, and a Courtef Equi
ty would sanction the resumption of tiie powers of the trust,
\S e hold this reasoning to he sound Constitutional law.
Our government is one of peculiar and original structure,
without a model in the record of ancient or modern times.
Wo must then look to the history of its origin for the out
lines and measurement of its frame and expansion. And in
referring to this history to ascertain the extent of the powers
of the federal government, we would not imitate the exam
ple ■ f the President of the United States in his proclamation,
by building up facts from inferences, but we will lake tiie
proceedings ol tiie Federal Convention as facts, and draw our
inferences from them. What are the most prominent of
those facts which stare us in the face and arc to be seen on
every page ot the report of the proceedings. They may he
briefly summed up thus : ‘That tiie States as such, by the
acts oi their several Legislatures, called the Convention to
gether : That lhe votes in that body were taken by States,
it being undeniably true that tiie smaller States were mors
numerously represented than the larger: That the voice for
tiie ratification or rejection of tiie result of the deliberations
of the Convention was taken by States: That a resolution
was formed hy that body declaring if nine States adopted the
I 'institution, those nine States should form a Confederate
government, and proceed to regulate the atfairs entrusted (a
its management under the Constitution, thereby excluding
four Stall s, unless thiy voluntarily agreed to come into to*
league ; That the States in certain cases, elect the President
and \ ice President of the United States, each Slate having
vote : That the States, as equals and sovereigns, < have
the same representation in the Senate of tli« United Stales.
It this had been deemed or iu'ciidcd to be a government o
the people collectively, and not of the States, winch
hern lormed by the Federal Convention* the minority