-LI
r, ii. o;?ijnc3ixirr-iipniL 17,-
JNorit Cdrollia .Mate Gazette,
ri'BLisurn, weksit, at ..
BemriurT.-.T. three .iolU-. per annum-one
BV, .lv- S.,briber. ther State,
- v.4.f who- 4 Wae. "!' .lrs,
nelly' r.-,,u,n.-1 to W.1!",'1"1"
- mOunt of Uus Tcr'nubrll.ti ' 'v"0' -AiivEi.TiHi.Mn,
not ce-,ln,? filtrea In.ei,
I rTxi: n s to the K.l.mri be r"lv"J' -
.1, cov. -nioup's letter. ;;
If'ash'uHrton, 10th Ft!. 1833. ,
Mr Dsak Sir Knowing that: you
wish to posses my views of the prc-
- ectit state of affairs, and of the mea
sures connected with them, I sit down
to then-exposition, with the conviction,
that whether they happen to be in ac
cordance with jour own or not, they
will receive a kiml and hospitable
treatment, more than "'"proportioned to
their deserts; and. if valueless, be dis
missed with the generosity and urbani
tv so congenial to your nature; other
wise, it may be a little legacy to your
' .nn. mv namesake, who, if he inherit
the patriotism of the father, and vir-
ful to him, in sustaining in many an
iour'of trial,, as wc have done, the
igUt.:.otuiate3n8ta;Terx.
-stron gw era wen t , xreated -..by..,. Jtlie
taUi, .now threatening, by a most
unnatural-' action ."lo crippHts hum
C jjlc, and fiiVally to (k'Stroyit?'CTcafori
- which in the natural and healthful ac
t of the system, would be also its
preserver.
I am it certain that you are aware
- pf my early, and. uniform disrelish of
, the doctrine of Nullification, as niitin
'tained bv the ruling party in ft sister
-tfltei--tv- objection. to .iha.t.,doc.-.
trine wore unconnected with party of
an kind, and were tounded on the
-- diflicutly of reconciling the pcaceful
' ness and constitutionality which it as
serted with that -powerfulT remedial
5 recess, by which .the . wheel 9 of tlie
ederal Government would be stopp
ed, as well as that resort to con stcuc
tio't (the old Federal sin, bv which
I,,..t1ha im f i.lil.I In 1 1 1 I h I J 1 II -
ed, which ha involved-us in all our
troubles, and which is equally good at
any time to establish a veto against
thi General Government, a power to
protect manufactures, or a power to do
-an, thiny a ..majority in Congre?
pleases. It was easy to perceive,
-that such a remedy might, by possibili...
ty be peaceful, that depending on the
: other party, but not certainly peace
ful. 1 1 was more difficult to hee how
; it could be constitutional, because as
i no power was given by the Cocstito
tion to the States to resist the laws of
the United States, none such could be
derived by implication or construc
tion. The derivation of remedies or
pdwers by construction being accord
ingto tlie republic an" doctrines, in.ld
missible. Indeed, no Constitution
would authorize resistance to the laws,
without defining explicitly how, in
what manner, and by whom such re
sistance could be lawfully made. It
is assumed therefore, "that the laws
must be- - executed; and at all - events
according to the stipululiona o( ' the
Federal Compact l?ut who, in the
last resort, are the judges of these
stipulations? None are created by
the compact, other than the-Courtf
: the United States. r The jurisdiction
j of the Courts ol the unitea Mates,
-iast be confined la judicial cases, to
! the exclusion of political questions b
i twsen sovereigns; and go far the
Courts of the United States have pai a
:twiu nt jurisdiction. I Tlie 'cohtrover-
tiic s bet wc on t wo" r " m ore "States'
incan only sxich judicial questions-as
are presented by "cases in lnw or e
; qu i.ty,"; V.hicfi yieir' jur'siliciloh;; is
) limited by the Constitution.-"-''' Political
! controversies or questions between
j "'governments';" Could Tiotf' have bcirt ln-
tended, they not admitting tlie inter
j prctation of cases .in... law or equity;
I Much less could political controversies
1 between the States and Federal Gov
j crnment have been intended, they not
f being recognized by the Constitution
.-as parties in any cases. If, therefore.
in controversies between those parties
;Tm independent tribunal, has been es-.ital.-'ished
for their adjustment, wc can
have no alteinntivc but the resort to
one or both of the parties if to one,
-.which one? if to b'th. why?' If the
i - -V'"n.es were equal in dl resjiccts, rea-
f on wnuid prescribe qual particlpa-
l iu i:ie adjustment, winch would .be
: n adjustment ly negotiation If they
j were not equal, but the one was, in
;pnwer ami auiaority superior to tlie
, , ower, the .same reason might ' : .claim
lor tlie superior party a participation
, j (iat r. (UUed the rer.nei rijlitt'or pow-
" u ,nr '''wifililution, arts very errnneuunlji
wroe'l to L, u,. T)!ign j,nwtr XLey. OH
mri.7, r, gly ,llu n.t nowm
17 ' iy Mrci(r bf Bopnimer.t, or
, gn--u lo tlie GorraeuU If lliey
fr r.mnti ... l t. a ()ei-tifr power, lb
1,I it Miw, tint tt imi ecmcrd-
a K,n ot i' mi,,, ;,,nt l0 ,Jie KoVei-nm.ii
. V ''', n. nmne4 m,r por-
'i ! us. 11, Mhici, nuld !,e wWiiJ5 tlie p...
J ni-nt uvrreiirn. J(a i
t -iwi-r,, tut i r.i-e.!ier de cue nor the
CtlliT.
in the. ..adjustment,.- proportioned to
tlmt superiority,. Uetween the govern
ment of a State and the government
uf tlie United States, this equality, as
thiv both represent sovereigns, must
be admitted No superiority can be
claimed for the government of the
United States, because of its repre
sentation of more sovereigns than one,
M-jtlWeir.w,eri iijjis amount en--,
ly to tlie power of one ' sovereign,
llegarding the government of the
United States, therefore, a part from
the Coriitifuiion.r:ICft
other iBtltpemientovernment,"the e-
quality between it ana a Mate govern
ment establishes the. l ight of equal
participation in the adjustment of any
political controversy which may arise
between them, . But, as between the
government of the United States and
the sovereignty of a State,1 there can
be no such equality, tlie same sove
reignty having treated both govcra
meHts and standing in relation to each
other of creator and creature Itence
the right of a sovereign State to decide
for-jtself'w'Hb6ur';apal"''Etiir''H'.ii
among the most sacred of its duties, to
fulfil strictly, alt its engagements,
especially its constitutional engage
ments, they being of the. highest and
most f olemainipo,rt .. not engagements
to the governmentof the UniteoStates,
but to the other sovereign States.
There, is no sovereignty in what is
called the United States The VBUe4
State's , isliofliingbiif' a goverhmeht'eif
a confederacy, , the style of which is,
viiIWI'W,tei- -nl-Gver:nifteni
according to our doctrine, is not sove
reign, but is agent or servant of the
sovereign. .Tlia ! sovereia-n must be
ound in tlie States, that is, in the peo
ple of the States. It is in virtue of
this sovereignty that the State govern
mcnt lsiormeu; ana itis in virtue 01
t . T
the 6ame sovereignty that the United
soyereignty; whetever it exists, tOtit
nipotcnt; it is the same in one inde
pendent community as anolher;iahd
is insusceptiblevf division, of increase,
or diminution; it can only be . stroy
eil, by destroyi nthe 'convmu nit yitf
which u exisia. vonsuiuiions, ana
governments are emanations from it,
it constantly, without itselt being im
paired, or wasted, 'of - weakened.
itence it is, tout it makes and unmakes
at pleasure, and know no superior
but IVivirUy, and no law but the uni
versal law ordained by that Divinity,
which is the law of right and justice.
According to our theory and practice.
th e mode of ac tion of IhTs sovereign ris
to form Constitutions, which prescribe
the rules for the conduct of the agent!
or servant culled the government. If
the sovereign is dissausueu either with
the rule or with - the conduct of the
agent, it can abolish or change it at
pleasure. If it can abolish or change
the rule,r it can destroy the " agent, be
cause the rule is of higher power and
authority. Admitting, thrfwethat4HFwVheauUe-
a State may, at any time destroy its
own State Constitution, can a State, of
its own pleasure, destroy the Consti
tution pr the United . States? ; The
same power which created tlie one,
has created the other end may it not,
for causes which shall seem good to
itself, change or destroy the one. as
well as tlie otherf 1 he auswer is, rio.
Because otlier States, equally sovereign
as itself, are equal parties to it. But
although a fetate may not lor. this rea
son alter or, destroy the . Constitution,
it may throw it ofl; it may; release it
self; it may : by its . own volition for
justifiable causes, cease t be a party
to it Are there no such good and
justiuauie causesr j es t here are
such as wilL iustuy- the breach of -a
compact. .bwe..fepreignlby.-.pejnr
the parties to hat compact; many of
which causes are to be foond in that
pwblKV law wliicih i the s Diviua law.
which is the law F right ana justice,
and whicli-betfrg-the paramount law,
i3 ..as !...cvutrtd.Uago.Yet.co.in pacts and
Constitutions, as the sovereign itself.
Let it not be said that the government
of the United States, formed by the
compact, is paramount, because it w a
comixiund of all the sovereignties of all
tlieStates. - Sovereignty, it is repeat-
cl, aimnts ot no degrees. Its is the
same in a small State as in a great one;
trie same in tna state ot Delaware or
Rhode Inland, as in the greatest com
munity. It is said, that the .States have
parte! ;. with many of their sovereign
powers, as the power to make war,. the
power to make treaties, tlie power to
regulate - iorcign commerce.' - &c occ.
But this is a mistake, tlipy haveJ not
parted -with Uiem; they., have merely
authorized tlie coinmon agent to exer
rise them, tinder prescribed rules and
imitations; the powers themselves re
siding in the States, and inseparable
from ihm as independent communi
ties. U. u true, .the institution
speaks of powers granted and powers
reserved; but this only means powers
of too states to be exercised by the
government of the United States; and
powers of the Males to be exercised
by the States. .. And with regard to the
powers prohibited to the General Gov
ernment and to the States, it i only
a declaration by each to the other
States, that it will not exercise itself,
nor permit tnc exercise by tne common
aqenf.-of such powers the sovereign
ty still retaining the unity and indivisi
bility which are essential to it, and
which are indestructible. The funda
mental error has been, to consider the
United States as self-existent, and in
dependent, anil: sovereign, as a party
to a compact between ' sovereigns, and
as capable of imparting, as well as re-
cekwz,sorercisi po. wprj. u.n.d.crNstipu:
lated engagcmentsi but this error is
dissipated simply by asking w hat is the
United States? Territorially speak
there is iia'-snth :Stf atite and ideii-
ficarrtlnnz as the United States
"United States,! in the Preamble to
the Constitution, . means the y thirteen
sovereign and independent : State?,
untied (or certain defined and limited
purpose therein expressed. The ame
words were used in the articles Of con
federation, one of which asserted ex
press! r the absolute sovereignty of
each blate in this sense it was uni
versally understood by the States im
mediately after the ratification of the
Constitution for when it was attempt
i . ' e .1 . : .
eu io Dnng one oi wese sovereigns ie
fore the Court of the United States,
it was indignantly resented by all of
them as an insult, aud the Constitu
tion was so amended, fand I think by
unanimous consent, mis to prevent the
possibility of tUv recurrencer "Wei
the people,"- mean the people of the
several States, who' alone were. coin-,
petent to brdain antlestablish.: Consti-
tur.oLls"orgovernlnctit,-vhetliOT'Tor
the "inftnagetnent of foreign or domes
tic, concerns. j-f New-Hampshire and
tion. they might have confederated and
adonted the same Constitution, in nrc-
cisely the saroe yvords VVe the . peo
ple of the United State, i V hat States?
rheseveraltatcs of-KfiW;IlMnpsh;ke J
and ueorgia, united tor certain denned
'plirnosesV doWdiinanunEstsbiish this
Consti tntwni&eT-u BttedV-baving -re-
i;efgnela5tates,i
pic and the words ordain and es
tablishVliavin reference to tlie people,
and not to the States. - Nay, further,
Georgia;' orlJiew-IIampshlre -might,
each of fihemTttaTTer fomed-tttgmr
ernmcnts and '.two Constitutions, the
one for the conduct of its foreign re-
its domestic, on the same principles,
and with tlie same powers as their pre
sent State and Federal Governments;
yet no one would .believe, that in the
hrst case, the people ol ueorgia and
the people of Ne w-llanipshire were
one people, or that in the last, either
State bad parted with its sovere'gnty to
one or both governments; it would still
possess the same right to alter, new
model, or. destroyboUull Tle nature
and extent of the powers f delegated,
It . il . '!... .f il .
coum noi impair me sovereignty oi me
States, if the Convention had delega
ted all poweps. Executive," Legislative
and Judicial, to Gen.' 'Washington and
his successors for ever, the sovereignty
of the States would have remained en-
Convention who labored the destruc
tion of States oyerigaty had thrown
every thing - into disorder, and ; Dr.
Franklin had advised the Conf ention
to go to praying, and the members
were returning home in despair of any
thing being accomplished but mischief, i
Gunning Bedford, a noble parte ot of
the now misrepresented or, apostate
State of Delaware, turned the - fortune
of the day, by ; warning them, if , they
dared to toucli the sovereignty of his
State, that state would call in the wud
of foreign powers to protect her eove
reignty; and So the Constitation'-pass.i
ed explicitly recognizing that i aove
reignty.by the oganizationoftheScnatc;
and not in the least impairing it by the
representation -f the: people,4fiach
statejn, the fiotwe of lteprfsentatives.
Politically speaking, there is no such
being as the United States," distinct
Coih the S tAteaC "jaoittch.cpm munity : nt
people. -There is secb a thing as the
government of the United States, an
artificiah:rca
tlitainent but a government is not a
nation? or a. people.- or a community,
any more than it is a sovereign. The
Constitution, to be sure, speaks of 'we
the people," but it only, means the
people of the States who formed ' that
Constitution, and who are the only
rightful framers of the Constitutions--As
one people or community, they
have never performed a single act,
either to originate the government, to
carry it on, nor will they, or can they
perform any to end it no such people
or community could have been formed,
but by breaking up all the cominuni
ties called the States, and . consolida
ting"t!iem into oncmass, which nevfer
could be done but by force or consent
We speak of boundaries between the
U. States and foreign States but they
are only such, because? they are the
boundaries, between the States and
such'. .foreign powers. . The .govern
ment of the V. States, if tlie bound-
laries were theirs, could alter them at
i . i i :.,t, : .,.. .1.. : ..,..,
jiieu-uti e, u mi.li it a nii ii . luiinii
acquire territory within a State for the
erection of needful buildings, without
the consent of that State, and tle-n may
!. ivc Kn jiinsiiiction wuiiin me fame,u
withlitld by that authority. ....
' The ruverrinif nt of the United
States is, iu.ftct, a corporate boc'v,
-with a common scat aim common l.-.t:;,
representipg the State according M a
detined and limited charf;er, which
cannot bo violated but at Itlie risk of
forfeiture, of which the sovereign cre
ating it must judge. . But is it compe
tent to one State to jude of the viola
tion of 'tlie charter? . Yes but it
judges for itself alone every other
State, in virture of the same sovereign
ty haa the same fights Why houUiit
not? ;. I be answer is, it would be too
liable to abuse;.the Union would be uncertainly not bv '..; an y. power jjf ..iU;atl'-.C:aCi:iSiaUvJi-elaUied itwvfrc
Cftnstaa.tjiIaBsefcs:i ai.iv
memberment by capiiclous'and irregu-t iHdrllutt' lHe,"reJ'c;af "IToycnimenTt'o"' qualiiieatiuii, and vet 'almo t r'l i',.
lar movements of the States. Here isjdecUi-e war but not against a State. 1 powels now gVar.tod, vc.v 1! en ;;;:-nt-
another luntiamentai erroi instead ot
ascribing wisdom, prudence, modera-
tion,' and discretion" to a sovereign
State, it is taken for granted that such
St&te will not understand her true in
terest; will not pursue it, will act from
the w him or caprice or pai'sion of the
moment But this is not the history
of States; on the contrary, experience
has proven, that all well regulated
communities are most generally, go
vereneiLby a wise, judicious, and tem
perate regard to their own true inter
ests, i Now, what is tlie strongest li
gament yi'lacirtiffdsTlus Union togetli
er? ' It is interest Remove this mo
tive of interest, and how long would
the Urion last? just as long as it would
takeHie StatesT ceasing to have inter--est
in the" Union, to withdraw from it
Itis.lhe.leauty..Jof the system while it
Ulhe u.ret foundation for its perptt
uitjr;nhat'lcachStat its own interest, in; its ownway, only
askingthe Government of the L. States
w'ltfcti ft hasltself cWistithieuVte pro
tect it front Foreign Powers stronger
than itself, and to let it alone ia all
matters which it has pot specially con
fined to its care. How di3erenti this
from the idea bf keenjag the States to
gether lny force? I o "'kecp'togelher'by "
force, thosewlio were brought together
eMnUJJprce?.to.Iteep brotlicrl v
love by force, to keep peace by Tofcc, it1
is absurd, and fortunately it is as im
possible, as it is absurd. If a single
State, standing-upon herjdvereigntyr
restst"the;invaowereeTTghtijlHj
is pot to be endured because It endan
gers the -Union If some half dozen
it so far dissolves the Union, must be
submitted to, because it cannot be re
sisted So that the fightfuluess of
force depends, not on tlie rightfulness
of the cause, Tbut oil the; relative
strength and weakness of the pat ties.
But let us see what is the nature and
extent of, the risk, and danger to the
Union"," onidmTftingTihe Tni-hl bfl tf
State,- to i"epse itself upoii, its sover
eignty, to resist an aggression by the
uoverument ot the tinted Mutes.
The danger and risk must be measured,
by tlie probable frequency of its recur
rence: how Hen-, has it, occurred
since the v date of- the Union, and how
oftenjs It likely to occur l&a rely it is
not intended to deny to a Mate the
right-which. is given to the worm, tlie
right to dettend itself, aiid to preserve
itself; this indeed consists with the de
nial of all sovereignty., but I trust that
in our downward course to the grave,
we have not reached a point so near its
brink. A State , lias engaged w i th
other States, ihat it. will . do. certain
tilings, and omit certaiu other tilings;
and that their common agent shall be
authorized to do in theifiiame and 1n
virture of their authority certain otlier
things. Here then is a contract involv
ing rights and obligations on the face
of itj it pniorta to be pei-potual and
irrevocable, 'butts it Btt fn fact? Can
it be so between independent com iniq
uities, who are bound by the laws of
Ood and nature, to protect and delend
themselves; to take care nfjtkcinown,:
happiness, and ' interests, are, these
communities to be hattnS r'itm g6ncrii
tion to generation without the possibit
,UyoOndjji:Bbsolu mitted to-us of the present degenerate
day, to disinherit posterity, by sending
down to it a worn, debased and abraded
shilling, which they" "cannot ' reluserbul'
at tlie peril of.theirlivcsrNo.r r ; .Every,
generation must take care of itseii.
and by all tht moral, -political, ohtl
physical lores it can; always bound by
the great law of eternal justice which
it is Hot permitted to individuals or
communities to violate, but contracts
And engagements can, be violated by
communities' under the sanction of that
supreme law. This happens when the
soveregn, judges that tlie safety, hap
piness ana interest of the community,
require such violation. Nothing is or
can be required of it afterwards, but to
repair whatever injury or 'damage it
may have done to the parties interest
ed, of which, of eourse, they are the
judges in equal degree; in virtue of the
satue equal rights and prerogatives.
The declaration by the contract, that
the XJn ion shall be perpetual, only
means that it -shall be su under the
higher and supreme, law, which per
mit the parties to consult their saiety,
happiness and interest. 'But with r
aru to the lights orthe otl.er parties
What ran they du? As soven i.-'is
they can demand ' fatisfact.io-n: they
can go to war; they tan annihilate the
party reslsting-r-lhey may satisfy ven
yance, but they may mt compel that
i :;rty to sind Senators and neprefen
t'.Nes to ( o'v ci-s, or electors ff Pre-
oident to an EiecWal College.' '"' If (!".. j
party Make all the atonement and le-J
paraiiou in its power, this is oil tl ;:it '
can hi lav, fully deuiimded and where'
tlie pii'ulic law ij satisfied, ihjpaity'
wronged can make its appeal miueri
that same law to all tne severe: tins o!
the civ ilized woiM, who would then lev
the aroitors between the ja-ty !o;:ig
wrong, and the party saSejcitrrVfo?;;.
I have said they may go to war, but
i i lie articles oi coiitetieration expressly,
recognized the absolute sovereignty
j and independence of tlie States, and;
the Congress like the present Congress
bad t:te "power to declare war. It was'
not believed to be a power to !eclat e
war against a State. The confedera
tion was dissolved to make w ay fer the
new government, not that the new
Uovernmcnt should have the power Io
eoerce a State, but because as no
Government could possess that power,' cannot bc lost by implisatiun r tea
if'ihould posst'ss'the power winch the sfractioiv-Ht U equally eviilt nt. "t":.
confederation bad not, ia coerce itidijif any: of '"the; "..sovereign States - lu.
vidunls. This power it amp! r possesses,
forall authorized purposes, Sl more than
this it cannot claim. In the exercise
of this power it ean proceed to any cx-tremitr-which
the Constitution author
izes Butif In proceeding to "that ex
tremity it encounters the sovereign
power
ttis mere goyemtntnt without sorere
iffhlT, acting against a sovereign pow
er. ; It iatrue; that if the action an.il.anI Ujsaa be
6lrntcflWoh$ro'e tSo''tw'oHJieOT:ereYgtu
governments merely," and not from the
sovereign power, the Federal Govem
ment ? has tlie hdvantage, ; resulting
front the stipulations of the compact,
which its own courts in all cases mere?
Ty judicial may eulTHX
acting- by-convention f tlie whole
people, shall, throw ; itself upon Jts soye
rieTgniy rnic"o:hef rp;Wy rn.ry"rrot"--pr.-CCod
S'tflmut TSfrdf -warr 1 1 i not
admitted that the Congress lias power
ta-Uvrlare war against a State,'. Other
Slates thay combine to dewlare it, tniv
stipulations ot the-fHttract u.' they
jdeasc, or Jor any other purpose tiiey
gate a State, tjiey may divide it and
make it parts of two adjacent'Stu'tcs
wit!) the consent of those States, but
these are the rights of war and con
quest They have no right to deal
with individuals captured or vanquish
ed, otherwise than o3 prisoners of war.
But it is said that the nowers confercd
bjr.."the 'ConitTfuBon jsnair lie" the su
preme.- law, airy -thing hi the laws or
Constitution of a State to the contrary
hot withstanding thus m aki it g "the au
thority of the Constitution of the Unit
ed States superior to that of the States
and this is all true, but who ordttin-
ed that uciiotity? : Why the sove
...t.:t. .i. i i....f. f..,
tions Might not the same sovereign
lav, given ,t!utT-upcrim-Uv4titU4.Suto t. t
state, over the United Mates Consti
tution? Certainly. . They are . both
alike the creatures of that sovereign,
who rould mould and fashion them at
its will, without limitation or restraint,
other than by thslawsof God and nature.
lie ; -uove itMiient-of -the r t ' itited
States passes a law, it is in conformity
with tlie Constitution, it is arrested in
it execution by the sovereign power of
a' State, which decides that the law is
inconsistent with its-nafctyi ha- a
pi.i. i 4. . i , i ' . r 5. ri
mate me rigui io iaK0 care oi iise.ii.
It decides a law to" lt 'Will "' fid Void;
Siay ihof tVi.t? pinver, of ' wtiicn"thei:oii-
stitutton is but an emanative so de
cide it? "Why not as rightfully as the
Supreme Court,, which is but the crea
ture of creature, and which stands
in relation to the sovereign, but as a
servant of ageutf" Here then" is an ex;
erciae of sovereign power; id actsc
whei,e;rtie,MegNlaitn'; i.f "the United
States Goverinent: is admiUed to tc
constitutional." If for its safety or
preservation the sovereign ean so act
inv&nrtm,faiti-it'csnr-tct-
when the law is ia fact unconstitu
tional, or of doubtful constitutionality.
HTnrwould cheerfully trustthe decision
to the Supreme Court, the members ol
which are appointed by the ngeiit,
created by the instrument," which in
strument is itsi'lf ordaiii',d by this
sovreign power, and you - 'would not
trust it to the same sovereign .ower..
After all - "it ""is seen i that everything
turns on the exist ence of the sovereign
ty and .independence ef the.Kiates.
1 1 they are not suvei c-;;rn i.rui iinlej ett
ilettt,. where H siverel;;.1..! v to b liund?
In the United Mates (.overinaen.t?
Tliat , doctrine b.-n lun-j f h)v been x
plodcl. - Soverei.-til y wai claimed for
the governments of Europe, founded on
fraud and usurpation or conquest, but
our modern doctrine recoyuze no
sovereignty but the sovereignly of the
peajile:-evcn tlie niodern public, law
regards th people, or rommunifv, or
State as the only sovereign. Suve
rei;r'nly rannot be parcelled out nn-l
divided an.oi., di iV rent" coehtiuini lies,
any piore than that primary jmd ' par
amoimt li'ii'i'-aiicft w hich ; U d.ue t it.
The fuvcieein 'presfribes. iitfdlencc,
deci'i-s In wham itt.h:illbe owing,
and measures t'- extent of. it in 1h
Con'titn'i'.tt. ': power- -p-ine-V1
treason h given U ti.e govcint:i..iit
.sj a i
levyi
ul trt is
igofw:ira--
.".;.e ! M 1.
the fni led Stale
, cr aniieriiigto i;
eneiu.es ' not tae levying i f v ura
gai'tist t!tc t.evernrar-nt, 1tt aiaip-1 t!u
fnitv-d rtat.-.lrj ftr.tcs iTth'cUt.i
i
r-.' t
Tinst t!e
but n-.-ai
jvei-ninerit
Stae
tlio peoi'! j of
States, in short if'.-tiit.-t t;ie overe-;.--.
- Let it b-i r?meK.bt-iei'-d t!.3t-t-!ieartici'
of confederation - expressly d.u-lar-ed
oil, and nnnyni i.iem t.i, tie vn-
same tv-rw;
the w.uds Unile
S!:U,s
s in t'
being used i:t both
it.sti ttiiien
same manner end c
avevht-r th-.;
mo.
meauijig. . ';
Now 'it is evident" that if the States'
were sovereign anil irdepefi !, nt thee,
they tun. t be so now,', unless an ct
pryss and formal surrender by. the -
vereigu power be shown, it bittguni-
versally conceded that soxere'ututv
tailed to -become parlies to me pi xsent
constitution, such otatcs iuij,hc h.-no
remained to this day, as sovere'.t
and independent as any States rp:-tentatea-of
the x'crlJ, " On .t!iesi j i-.it-ciples,
and with these. limitations, th.!
giivertiiiiefit of t'lC United States is
stilLUie-aU-oBgesi in the w.ord...f.x all
tte'obj'eetro'f-the-nstitutioaiter-;-
tatniy tor external relations if is one,
... .1 r. tl i . -l . i -
ecausc it h pus
ie.l iiy
fiity tf th'S'Siies'
ly becomes weaK, ana soinci.mea ; -graded
and contemptible,"' wlien f ir"
getting its obligations as a servant,1 it ,
usurps the prerogntive of H;e"1iTia.';cr,
S'nd plays the tyrant, without any pre
lehl'iohV Jo" CTi"'3"fl -1 Ij' " "tri T?:X ry 'ff'
llift sovereign. If allepance l;td be.t a
ttuia U the ruiltnt. 'States in i irtui 1. 1
ttweiNfgUy,4o--w euUl-IaVi'l-ceiL,
no ttcccssrryrrf :jr. dc fin i ng" -1 1 wso n ; a -gainst
t!io -United 'States. - JVi -
i s i
tne apprehension was i
i'.tell
ed t'
as nii-alieglnnec- vsh due t.t It;
ttate"si-4.i'?fffhistefl r"ft :!, '-ft:-,
is -'ilue-;' to the Slates, tlie I
States Government would m.t
ml.
iij-
Ies3; .the power was e;ne: -ay ;,
en; and that if the. " pivenr.iu t.l t..
Htimeil it, without i!t ,n, i
would -'be'cxorciseil as avl.Ur.-ii '.IV- ;ir
capt ic"uti.s!r as by the Govern::-.; .
Europe, ff rJle;;;ianee is tin. t. th
sovereign, and nut to the goVcrni-ten:
how can the citizens obey the .,ivi t ,,
ment and disobey tlie sovereign r J" I !
due to thetJovemiiieiit, Mid r.ot to t!t
sovereign, the peophi ot alt -,;;,'
kno-.v no other alle"i;iiii o l!
i t,
which is due to the. ( iven-.nuni
United Stales; and nf coime t!
vernnietit is a cutisoiidateil eia .
on the. enuteure ofuite jeie I " vr
hiunity, aiHUnot on tlie vu-u-so
many sovereign and iielein
1 !:
'I
vcrntneiit of the United St.itisl
7-ens of the Sutes i that v.-hic!i is i--.
quued by the act of the s;.'. i' i :
in the Constitution 'of tht! , ,i, !
States,' of course cuonot be- ii,f..iifU
tviit with that which h due
States. ;" ()'lirci'v!r;e it w ould he i (i
vci-ninetit of the most odious t !,.,: k ,
"by; which a corrupt, vicious, ,A-i -f-fu
niij'oiity, might dispose of the im ,
liue.itu'S. JiUil t;i(iiiu',s olti.e fni
rmmbTitlvout"7tt('C'1i,'"'';i,''''i-"i.'ii'f i
than which it is jint.'Ors'.lih! t:
feive a tyninny tsHiie itii't'el''d, tir'a
pet'ui.i i.H.;.' a'.. eh;te. The
Hi r
stale ol time - s roves it, , . i1
many of tiie ; t;;:e:i t.f this Xh.'.-.m
been must came: t'y remon
gainst cei (;;in procecdi'is ift
avowing ntthe fame ti.'-.c il.eir
Icrable i; oTUtii.n" ii; t to ''.:.
the in, regardless of ciu. '.;;u
t hS go V l l ii t i: tl S 1 e i - ,V . : ;
Ve:
tiiXtfiiiess lit iiiirrtci.il', ee ,i ; ,.v
tinguinhed ;nt liopo t l re; n
iiotaliiin, until tne j f i it; c
States !..utv:.!ved to F':'-:;r
In this," extremity v c ii.i
ami instead of calmly an. I d
txviewing the vihole 'M i t u
purpo-eof detidlng whethe
all things mi the H.le. -t' ii;
in.,! the Constitution, b; .In i
is dtr.wn, we bi"vi by dem
r u
I't.,
ice,
S'.at.-,
.loy n
es:i;i.;
all,'ti
out v
and nl course t- ts
'I A whatsoever t
.t r.
,te
01
i ;
i t
V. t
If
,t v:.
!;CV
..
it I
as all r
1
d
t
n ; i t ! i ' I : le
I-
th J IUi. l.'.'ji.l s el v-,
!u.ne.i:i:!ictit ct" th
i . : .
i
;
. ;i
:i
Ut virtue (
'uMici-r
tan't;i-i'-,!:i ..e;.,1
i v.uith,
s:mI ail)
v..
charges of l.i;-.h tr -"o ;
bl.;';u-.ordir.:n'ly. . 1 thia!
lh.- ..' is u,!: .ii I ' v
piirtaut 1'i'it C(,i
right to j !'.!,;. ,:i
I ti.
I rl
Xn!li!', iiia'in,.'
ll,i f Ol' 'tl..: win !
i ( bti.'e in h ,!-. n' ( ?.'
iiv! to ll.e i" 'I " ''"' -.
m 81-t of ttvu-m i I
it'll lie. rn"U-.ii, i,t ,
!'( ll'irf, 'l'l--:,Mi. 'i t'-i
.. Tl n ' :--"
't e .-! ,1 i'ii t.-. ,
.il m r-.1 .' t i s M ';'
,1