uphold those destructive principles, and -car- Among the domestic powers those are exclury them out in practice, the late compromise sive-1st. which are given in exclusive termslaws must fail, the fugitive slave law must be- as the express power to exercise "exclusive come a mockery, the hydra of nullification legislation" over the District of Columbia, and and secession will be installed as a political over territory purchased for forts, arsenals, divinity, and the Union itself must inevitably &c. 2nd. Which, though given in general and speedily fall into imbecility, distraction, and hopeless ruin.

Bat each of those heresies is, we trust, as unacceptable to the intelligence and patriotism of the freemen of the United States, as they are absurd and licentious.

terms, are expressly prohibited to the Statesas the unqualified power to regulate commerce, and the express interdiction against the laying of any duty on exports or imports by a State, except for inspection purposes. 3rd. Which, though neither given in exclusive terms, nor expressly prohibited to the States, could not

The powers of the government of the United States are altogether national-embracing ex-be concurrently exercised by a State without clusive control over all the concerns of peace impairing or frustrating the object of delegaand war, interconse, right, and obligation, as ting it to the general government-as the power between our Union as a nation and foreign na- "to establish a uniform rule of naturalization," tions, and including also all domestic inter- the citizens of each State being entitled, by an ests in which the people of the States, or of express provision of the Constitution, to the more States than one, are concerned-the privileges and immunities of citizens in the States retaining all powers exclusively local, several States, and the great object of conferor affecting the internal economy of each ring on Congress a power so essentially naState separately and alone. No such local tional being altogether imcompatible with the power has been delegated to the government power of local legislation over it. All domesof the United States, nor is any such national tic powers which are delegated to Congress, unpower retained by the States as separate gov-affected by either of those three tests, are conernments. This theory is as philosophical as structively reserved to the States concurrently it is simple and beautiful-and it is the only with the general government. one consistent with the preservation of the But, as a law constitutionally enacted by Union, in peace and harmony, or with the Congress is, by the Constitution itself, declared Declaration of Independence, or the Ameri- to be "the supreme law of the land," consecan notion of the representative principle. So quently, whenever Congress shall have passed far as the interests of the people of different a law on a subject of concurrent legislative States may be affected by fegislation, the le-authority, any inconsistent law of a State gislative power ought to belong to the com- then existing on the same subject, will be mon counsels of all concerned. No one State constructively abrogated, and no State can ought to possess, or desire to exercise con- enact any law on that subject, as long as that trol over the affairs or the rights of the people of Congress shall remain in force This may of other States-and neither equal justice, nor be illustrated by the power expressly given political union could be secured, unless the to Congress to establish "uniform laws on the aggregate will of the people of the United subject of bankruptcies throughout the United States, should be the regulator and guardian States"-which has been construed to be a conof their common rights, as one nation for all current power, given to Congress for no other common purposes. And in harmony with purpose than that of the advantage of having, this theory, an analysis of the national con on that subject, one uniform national law stitution will show that all powers necessary whenever Congress shall deem it prudent and for the union and nationality of the people of beneficial. In reference to that power, the juthe United States it delegates to the general dicial and practical construction has been, government, and reserves to each State all that, until Congress has passed a general power exclusively local-each being a sover- bankrupt law, each State has a right to enact eign within its prescribed sphere, the gov-special laws for itself on the subject of insol erument of the Union possessing, in all cases vency and bankruptcy; that a general law of conflicting claims to power, the ultimate enacted by Congress, abolished all existing supremacy as declared by the constitution of State laws on the same subject--and that, the United States; and without which authori- when such Congressional enactment expired, ty it could not be a sovereign, armed with or was repealed, the right of each State to leg power to effectuate the great object of its insti-islate on the subject was revived. And this is tution. And, though it possesses no power true of all power concurrently possessed by except what is delegated by its constitution, the States and by the general government. yet, as it has the inherent, as well as declared, The modes of interpreting the powers of the right to employ all the means "necessary and general government are various and contrarient proper," for fulfilling the ends of its express-different processes leading to essentially powers, incidental or implied powers, co-exten- different results. And on that subject, polisive with those means, are as much delegated | ticians, as a class, differ widely from jurists as as the enumerated and specific powers them- a class. The Constitution of the United States

selves.

Some of the constitutional powers of the general government are exclusive-others concurrent. All its foreign powers are exclusive.

should, like that of a State, be construed in such a manner as will be most likely to fulfill the intentions of those who made it. And the proper mode of attaining that end, is to con

The general power to regulate foreign commerce has been also always construed as including power to give facility and security to that commerce, by erecting light-houses, making brakewaters, and improving bays, harbors, &c., on our maratime frontier. And the same principle and process extend the correlative power, to regulate commerce between the States, to the improvement of interior lakes and rivers. This is just as indisputable as the other, and nearly as well illustrated by legislative history.

sider, in a liberal temper of candor and patri-nating, or even prohibitory duties on the imotism, the letter, the spirit, the context; and, if portation of foreign fabrics, or commodities. any difficulty or doubt shall still exist, to ex- Have not the United States the same_power? plore the objects, and history of its adoption, In their commercial intercourse with England and the analogies of judicial and practical have they not equal rights? May they not expositions of it. It should never be strin- retaliate legislation against legislation? And gently construed like a penal statute, but al- is there a rational doubt that they may impose, ways more liberally, as the charter of a great to any extent, duties on English products, or public trust for the welfare of the people, and manufactures, for the purpose of developing for the maintenance of the harmony and jus-their own latent resources, promoting domestice of the Union; and as the best safeguard, tic industry, and securing wealth and indetherefore, of liberty, peace, and security. pendence at home? The people of the States And, as for those objects, certain great powers have no such power. Was it nullified or cripwere wisely surrendered by the several States, pled by the adoption of the Constitution of and, for the better and more uniform fulfill- the United States? Certainly not; but it was ment of their ends, confided to the more pater-all only transferred to the general government. nal government of the Union, representing all, This is not only self-evident, but illustrated and accountable to all concerned in the faith- by non-intercourse and embargo laws, and ful administration of its high trusts--and, as laws for the avowed purpose of promoting our the people of the States are altogether depend- own manufactures, by the imposition of duent on their common government, for the exer- ties on foreign articles of the same kind, and cise of those powers, and the beneficial ful- laws also for protecting our own agriculture fillment of those trusts, such a construction and commercial marine-all of which, except should be given to the Constitution as to make the embargo and non-intercourse, were comall such powers as plenary, efficient, and be menced the first year of Washington's adminnificent as the public good may seem to re-istration, and continued down through every quire. Such has been the habitual and more succeding administration. authoritative construction. The power "to establish post offices and post roads," might be literally interpreted to mean nothing more than to designate the places for those offices and the routes of travel for the mails; but it has been invariably construed as authorizing Congress exclusively and imposing on it the sole duty, to regulate and control the entire postal transmission of intelligence throughout the Union-and the powers for securing that great national object, have been conceded to be as comprehensive as the object itself, and as plenary as each State might have possessed These liberal interpretations of express powthem for itself, within its own limits before it ers, beyond their literal imports, are justified surrendered and transferred them to the gov- by the objects of those powers, and required ernment of the United States. by the interests for the protection and adThe power "to regulate commerce with for-vancement of which they were surrendered by eign nations," might be interpreted, by a strict the States and delegated to the national gov constructionist, as meaning, according to its ernment; and a more restrictive interpretation precise literal import, only a power to pre- would tend to the frustation of the purposes scribe the rules of commercial intercourse--for for which the people of the Union established to regulate literally means to prescribe rules. and acceded to the Constitution of the Union. But the object of delegating that power was to If the powers granted to the general governdeprive the States of all authority over foreignment by its organic law were essential-as commerce, and rest in the general govern ment, as their only international organ, all Sovereignty over it, excepting only so far as the delegated power may be expressly limited by the provisions of the Constitution. The United States, as our only nation, has as much power over our commerce with foreign nations, as any other independent nation on earth can have over its own commerce, with the ex- If, as will not be denied, undivided nationception only of the restrictions expressed in ality, as between us and foreign nations, be dethe Constitution as to equality and uniformi-sirable, no rational patriot can hesitate to adty among the States. England, like other ab-mit that, to that end, a national government, solute sovereignties, has unquestioned power vested with supreme and exclusive authority to close her ports against the world, or to ad-over all our international interests and relamit importations on her own terms--aud the tions, must be indispensably necessary. For power consequently to protect and encourage the purpose of consolidating such an union of her own industry and productions, against the people and the States, the Constitution of foreign rivalry, by the imposition of discrimi- the United States was adopted, and estab

they certainly were and ever must be--to the maintenance of the Union, and the security and promotion of its objects, it is the highest political interest, as well as duty, of us all, to sustain them in good faith, and never to attempt to curtail or paralyze any one of them on any occasion, or for any temporary, partial, or local purpose.

lished such a government, delegated to it all State surrendered the essential attributes of such powers, and organized it in such a man- sovereignty, and, by delegating them to their ner as to give assurance of stability, unity, common and only national government, deposand responsibility. And, therefore, all pow-ited them on the altar of union. And we may er over the international concerns of com- rest assured, that no less a sacrifice of local merce, treaties, peace, and war, are delegated power and pride could have assured the great by the Constitution to the general government objects of every patriot-national independence, thus constructed. To that extent, or for any liberty and peace. such purpose, the States, as such, possess no We cannot fail, also, to see that the asserted conflicting or antagonistic power; nor could sovereignty of the individual States is altogeththey, so far, have retained their sovereignty er irreconcileable with the provisions of the consistently with the objects of the Constitu- Constitution of all the people of all the States, tion. And consequently, not only do all those and would, if acknowledged, or usurped, lead great national powers and trusts belong to the general government, but, with them, are delegated all the unforbidden means of completely fulfilling the benificent ends for which they were confided.

to anarchy, confusion, and civil war; to pre

vent all of which calamities, the wisdom of our fathers adopted the Constitution, and established the government of the United States. And, to maintain internal peace, concord, And, as an inevitable consequence, we must and justice each indispensable as an element all see that secession and nullification are of union-it was clearly, not useful merely, revolutionary, and not constitutional, remedies but necessary to delegate to the government for any local or personal grievance, whether of that Union, powers over and co-extensive imaginary or actual. with those ends, and protective of the common If, in adopting the resolutions of '98, the interests of the whole people as one united na- Kentucky Legislature intended to assert either tion. Hence, among the expressly delegat- of those ultra-unconstitutional remedies, our ed powers, we find the following: 1st. To respect for the memory of that band of patrilay and collect taxes, imposts, &c., for the pur- otic pioneers, would incline us to ascribe the pose of paying the debts, and providing "for political error to the then crude and unsettled the common defence and general welfare." 2d. theories as to the fundamental principles of To regulate commerce not only with foreign the Constitution-to veneration approaching nations, but "among the several States, and idolatry, which the leading men of our comwith the Indian tribes." 3d. "To establish monwealth then felt for the opinions of Mr. an uniform rule of naturalization, and uni- Jefferson-to an unlucky sentiment of jealousy form laws on the subject of bankruptcies and disaffection towards the general governthroughout the United States." 4th. "To coin money, regulate the value thereof and of respect to the navigation of the Mississippi, ment, resulting from its imputed neglect in foreign coin, and fix the standard of weights and the Indian depradations in the West, and and measure"-an uniform national currency, which, before they had been entirely healed, and a national standard of weights and meas- had been greatly inflamed by the alien and ures, being useful to the internal commerce and harmony of all portions of the Union, 5th. sedition laws-and lastly, to their impatient "To establish post offices and post roads"anxiety to put down those obnoxious enactthe transmission of intelligence by the mail ments. But, it is not improbable, that a ma- being a national affair of common concern to jority of the members, who voted for those resthe people of all the States. 6th. "To pro- olutions, did not foresee all the consequences vide for calling forth the militia to execute the which might flow from the assertion that the laws of the Union, suppress insurrections, and States, as such, were the parties to the national repel invasions" and to provide for organiz- constitution-that there was no common judge ing, arming, and "disciplining the militia."-and that each party had a right to judge for And, to illustrate the same object of depriving itself, as in every other case of compact bethe States of any power, the exercise of which tween equals and sovereigns. Nevertheless, might frustrate the contemplated purposes of however all this may be, there can be no the Union, and of vesting the government of doubt that, both secession and nullification, as the Union with all power necessary to the constitutional remedies, necessarily result preservation of it, we find that the national from the foregoing principles announced in constitution guaranties to every citizen of the first of the resolutions of '98. every State, equal civil "privileges and immuNor can there be a rational or consistent nities" in each State, and security against doubt that it was not the natural right of revo-any expost facto act, or act impairing the obliga-lution, but a political right to nullify, for tion of contracts; and also prohibits each which that resolution insisted. No citizen deSrate from laying any duty on exports or im-nies or doubts that the people have an inheports, and from coining money, making treat-rent and inalienable right to upset their constiles, emitting bills of credit, or making any tution, or revolutionize their governmentthing but gold and silver a tender in the pay and therefore, Mr. Jefferson cannot be prement of debts-or keeping any troops or ships sumed to have intended to announce and argue of war in time of peace.

We thus see that, in adopting the Constitu- to prove that uncontroverted privilege. Betion of the United States, the people of each sides, the resolution asserts that each State, as

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a co-equal party to the Constitution, has the right to decide on the Constitution for itself, and that the general government has no such ultimate right. And, consequently, he must have intended to say, as he did undoubtedly say in effect, that each State had, under the Constitution, and according to the Constitution, the asserted rights; and which is nothing more or less than the absurdity that a State can, at the same time, be a party to the Constitution, and above the Constitution-in the Union and out of the Union: a suicidal solicism that Kentucky would now be the last to admit and the first to oppose.

influence and foreign politics are taking root in the virgin soil of American Republics. The old world, oppressed with the incubus of a restless and starving population, is striving to empty itself on the new-and many of our politicians invite the disgorgement and claim, for the parvenues of all grades, the privilege of ruling the children of the American stock of patriots and statesmen, who achieved our independence, founded our institutions, and consolidated our liberties: The federal, against the national principle is revived and boldly challenges popular favor-and reckless proption, and secession, seem to have grounded agandism, abolitionism, freesoilism, nullificatheir arms only, as many fear, to embrace each other and prepare for a fraternal crusade against the peace and integrity of the Union. If there ever was a time which called, in tones

Considering, in the spirit either of political philosophy, or of wise statesmanship, the structure of our national and local governments-the history of their progress-the dependence of the former on the latter-the influence of local sympathies and attachments-of thunder, for the proclamation of true Amerthe responsibility of the national functionaries to the people of the States, and the irresponsibility of the State functionaries to the authorities of the Union-there can be but little doubt that the father of his country was right when he declared that there was more danger of disunion than of consolidation-that there is more of centrifugal tendency in the States than of centripital attraction in the Genera! Government. And does not our political history, and especially the recent portion of it, almost demonstrate the prophetic wisdom of that opinion?

ican principles, invoking, by the memory of the past. and the perils of the present, and the hopes of the future, the manly patriotism of every true-hearted Ameriean citizen, that time is NOW. On you, and such as you promise to be, mainly rest the destinies of our heavenblessed land. your duties to country and posterity, and act Search for the truth-learn like men knowing their rights and determined to maintain them-conscious of their duty, and resolved to perform it to the uttermost.

In a former introductory, I endeavored to To prevent the catastrophe of a dissolution, of the Constitution of the United States, and establish the fundamental principle and object by secession, or nullification, it is necessary to expose, as palpably inconsistent with both, that all the powers of the general government the doctrines of nullification and secession. should be recognized, and faithfully and fully In this inaugural address, it has been my purmaintained. Such a national and patriotic pose to present to you, a comprenhensive ontcourse, characterized by a becoming spirit of line of the powers of the government of the mutual moderation and forbearance in the ex- Union, and, incidentally, to add further illustraercise of conflicting powers claimed by the tions of the principles vindicated in that States and the General Government, and a other address. prudent abstinence, by each, from the exercise satisfaction and assurance, on these vital topFor your of such power as may be seriously doubted, ics, I recommend to your careful consideramore perfect may long preserve our union and liberty, and tion, the far more authoritative facts and arpeacefully advance our beloved country in its guments to be found in the "Madison Papers" career of substantial prosperity and true-the "Letters of Publius"-the judicial exglory.

Our organic institutions have survived many Court of the United States, whilst John Marpositions of the Constitution by the Supreme trials of their purity and strength. have been saved by the heroic patriotism of the history of the model administration of the They shall was Chief Justice; and, above all, such men as Washington, and Clay, and first and model President of the United States Webster, and Cass, and Foote. But the signs-the true exemplar of a wise and faithful of the times portend an approaching crisis President of a Constitutional Republic-the more decisive of their fate, than through which thay yet have passed. Foreign INGTON. any Father of his Country"-GEORGE WASH

PRELECTION.

LEXINGTON, KY., November 20, 1854.

JUDGE ROBERTSON-Dear Sir: The Law Class of Transylvania University respectfully solicit a copy of your Introductory Address, of the 9th inst., for publication. WELLLINGTON HARLAN, ROBERT C. FLOURNOY,

Committee.

LEXINGTON, KY., November 21, 1854.

GENTLEMEN: Our last Introductory Lecture was not prepared for any other publication than that of its delivery in your presence. But, in deference to your expressed wishes in behalf of the Law Class, I surrender it to you to be disposed of as you may think best.

Yours, respectfully,

Messrs. HARLAN and FLOURNOY, Committee.

33

G. ROBERTSON.