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money in the treasury.

There never will be

any money in the treasury till the Confederacy shows its teeth. The States must see the rod; perhaps it must be felt by some of them. * Every rational citizen must wish to see an effective instrument of coercion, and should fear to see it on any other element than the water." 1

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This was under the Confederation; but when it had long been foreseen that that compact must be broken up and give place to more perfect Union," and when this idea seemed to be realized by the happy expedient of making the Constitution act upon individuals as well as States, and the appointment of a Judiciary supreme over all, Jefferson at once recognized it.

In a letter from Paris, to Madison, dated December, 1787, he says:-"I like much the idea of framing a government which should go on of itself peaceably, without needing continual recurrence to the State Legislatures. I like the organization of the Government into Legislative, Judiciary, and Executive. I

Idem, ii. 43.

like the power given the Legislature to levy taxes, and for that reason, solely, I approve of the greater House being chosen by the people directly."

Congress then having the power to provide the force, the question arises with whom rests that of deciding the occasion, and calling it into action. The answer is, "with the President of the United States, the executive of their laws, and the representative of their nationality." An act was passed in 1792, and slightly modified in 1798, which says:

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Whenever the laws of the United States shall be opposed, or the execution thereof obstructed, in any State, by combinations too powerful to be suppressed by the ordinary. course of judicial proceedings, it shall be lawful for the President of the United States to call for the militia of such State, or of any other State or States, as may be necessary to suppress such combinations, and to cause the laws to be duly executed." 2

In the American war of 1812, Connecticut,

1 RANDOLPH'S Memoirs of Jefferson, ii. 274.

" HILDRETH'S History of the United States, i. 312.

Massachusetts, and Rhode Island claimed this power for the State Governors, and at the same time refused its exercise. But Madison, then President, at once denied it. In his message to Congress, in December, 1812, he says:

"The refusal was founded on a novel and unfortunate exposition of the provisions of the Constitution relating to the militia. The correspondences, which will be before you, contain the requisite information on the subject. It is obvious, that if the authority of the United States to call into service and command the militia for the public defence can be thus frustrated, even in a state of declared war, and of course under apprehensions of invasion preceding war, they are not one Nation for the purpose most of all requiring it; and that the public safety may have no other resource than in those large and permanent military establishments, which are forbidden by the by the principles principles of our free Government, and against the necessity of which the militia were meant to be a Constitutional bulwark."

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IX.

SUPREMACY.

ARTICLE IV.

SECTION IV. The United States shall guarantee to every State in this Union a Republican form of Government; and shall protect each of them against invasion; and, on application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic violence.

ARTICLE V.-The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution; or on the application of the Legislatures of two-thirds of the several States, shall call a convention for proposing amendments; which in either case shall be valid to all intents and purposes, as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress. Provided that no amendment which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate.

ARTICLE VI.—1. All debts contracted and engagements entered into before the adoption of this Constitution shall be as valid against the United States, under this Constitution, as under the Confederation.

2. This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the

United States, shall be the supreme law of the land, and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

3. The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound, by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

Let us

WE ask any candid reader to examine these articles carefully, and then say if they leave him the slightest justification for asserting the reservation by the States of a Constitutional right of secession from the Union. observe how completely the State is subordinated by them to the Nation. While every State functionary, legislative, executive, or judicial, must take an oath of fealty to the Constitution of the United States, there is no recognition of a State Constitution whatever, except to see that it assumes no other than a republican form of government. Nor is the relation of the Nation to the State a doubtful one. There are no indistinct reservations on the part of the latter, no shadowy claims by the former. The Constitution of the United States shall

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