tained without the faithful allegiance of a large majority of its citizens. Hence protection and allegiance are reciprocal terms; each requires the other, and each should be regarded as a compensation for the other. The strength of a government depends as much on the devotion and faithful allegiance, as on the numbers of its citizens. The more generally faithful the citizens are to their allegiance, and the more zealous in the support of the government, the stronger it will be, and the more perfect their protection.

Allegiance is due to the sovereignty, to the sovereign power, and to the government which is the representative of that sove reign power. As we have in this country a divided sovereignty, and two co-ordinate governments representing the sovereign power, the allegiance of each citizen is divided accordingly between them-between the national government, and the government of the state in which he resides. His allegiance accords with the sovereignty and supremacy of the two governments. National sovereignty being vested in the federal government, he owes to it paramount allegiance upon all national subjects, and upon all subjects over which the two governments have concurrent jurisdiction. He owes to the state government full allegiance upon all domestic, municipal, and local matters and questions; and whenever the federal government usurps, or attempts to usurp any of the substantial and important powers reserved to the states, the allegiance of every citizen of the state to his state government, binds him to resist such usurpation.

In our system of government, the state governments are more essential to liberty than the national government; though less essential to security and general prosperity. The state governments protect the person and property of the citizens, regulate marriages, the domestic relations, all the transactions and business of the cit izens with each other, and the manner of acquiring, holding, using, and transferring property, and making contracts. They also prescribe punishments for crimes and offences, and all matters of police; and regulate roads, bridges, schools and education, internal trade and navigation, and the general administration of justice.

Our citizens are dependent upon their respective state governments for the protection of life, liberty, property, and the enjoyment of religious privileges. They feel, see, and realize, daily, for good or for evil, the influence of their state laws and government; but were it not for the post office departmet and the mails, the mass of our people would rarely perceive or realize the operations or influence of the federal government. Its protecting influence in preserving the peace of the country, and promoting the interests and general welfare of the people, are generally very little realized.

The Grecian states, though small, preserved their liberties and independence, without any federal Union, for several centuries ; but they were unable to live in peace with each other. They were greatly weakened by frequent wars, and by reason of their divisions and wars, they finally fell before the conquering arms of Philip, of Macedon, and were afterwards conquered by the Ro mans, and reduced to the condition of a Roman province. The state governments, without a national government, would preserve the liberties of the people for a time, much bettet than a consolidated government; but could not preserve them long.

The state governments appear to the citizen, at the first view, vastly more important than the national government. The great importance of the latter to preserve the independence of the country from the interference, the influence, the conquering arms, and the dominion of foreign powers, is not often realized by the common mind. Hence the feelings and sympathies of a vast majority of the people are for the local and state governments, and for measures and policies of a municipal and sectional character. Comparatively few men have what may be properly termed, national ideas; and hence the danger of sectionalism, in the place of true national feelings, and a proper sense of national allegiance. But however important a strong confederated national government may be, one thing seems well established by the facts of history, that individual, civil, and political liberty, republicanism, public spirit, and the purity of a representative system of government, depend mostly on the state governments; and could not long be maintained under a consolidated central government, exercising the entire sovereignty of all the states, with its immense patronage, jobs and contracts, and

the favoriteism, corruption, extravagance, and despotism, always and unavoidably attending the administration of such a government.

Such being the case, the state governments should be preserved in all their proper powers, as carefully as the national government; the lines of distinction between the state and federal governments should be clearly defined, and carefully guarded; and every citizen should bear true allegiance to each, and sustain each within its proper sphere of action.

The citizen owes an allegiance to the federal government, upon all national, international, and inter-state subjects and questions; which is not merely paramount, but absolute, unqualified, and exclusive; and hence he is bound to resist all unjust revolutionary movements of the people of a state or states, as usurpations of power-as rebellious and treasonable, on the part of the persons participating in

them.

On all matters and questions over which the federal or state gov ernments have concurrent jurisdiction, the citizen owes a primary and paramount allegiance to the federal government, and a secondary and inferior allegiance to the state government. But on all questions and matters of a local, domestic, or municipal character, over which jurisdiction has not been clearly given by the constitution of the United States to the federal government, the citizen owes, not a secondary, but a sole and exclusive allegiance to the government of the state in which he lives; and he is as much bound to resist encroachments and usurpations of the federal gov. ernment upon such subjects, as he is to resist unjust revolutionary movements of a state or states.

SEC. 6. SUPREME, AND YET CO-ORDINATE LAWS.

The federal, and also the state laws of our government, are each supreme within their respective spheres-but co-ordinate in their supremacy-neither being supreme over the other.

The second clause, of the sixth article of the constitution of the United States, declares that the constitution and the laws of the United States 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. That clause of the constitution has misled many minds, and induced the belief that the laws of con

gress are supreme over the state laws, and that the latter are inferior in grade and subordinate in character, to the former. That opinion is based on a misconception of our federal system of government, and regards it as in some measure a consolidated national government, in which the states are degraded to the condition of subordinate provinces, deriving all their powers from the national government. Whereas the contrary is true. The national government derives all its powers from the people of the states, acting as distinct communities previously organized, firstly as colonies, and afterwards as states. It is true, that a union, de facto, was formed in 1775, nearly six years before the original articles of confederation were adopted, and in adopting the federal constitution, the people of the several states acted not only as citizens of their respective states, but also as citizens of the confederation, having many rights and interests in common; and yet they did not act as citizens of a country consolidated under one supreme government. None of the thirteen original states ever derived any rights or powers whatever from the government of the United States, and never surrendered their sovereignty on municipal subjects to the national government. On the contrary, the government of the United States derived all its powers from the people of the several states; hence the governments and laws of the states, though limited in their operations to municipal subjects, are not in any proper sense of the word, subordinate to the laws of congress.

The constitution of the United States forms a part of the constitution or fundamental laws of each state, and the laws of the United States, so far as applicable, form part of the laws of each state-of the same, but no higher grade or supremacy, (except in cases of concurrent jurisdiction) than the proper constitution and laws of the state; and with the further exception, that the latter can be changed by the people of the state, and the former cannot be so changed.

The supremacy declared by the constitution of the United States means, that the laws and treaties made in pursuance of the constitution shall be supreme over the subjects matter, and for the objects and purposes, to attain which, the constitution gives jurisdiction to the national government. They are not supreme over

state laws, for they apply, with few exceptions, only to national objects and purposes, over which the state governments have no jurisdiction, and to which the state laws cannot be extended without violating the federal constitution. Both federal and state laws when extended and applied to subjects and purposes beyond their proper sphere and jurisdiction, involve usurpations of power, are absolutely void, and may properly be treated as nullities, and their execution may be lawfully resisted.

In theory, all usurpations of power by the federal government may be legally and properly resisted by the state governments, as well as by individuals. The difficulty is in determining the precise limits and boundaries of constitutional power. There is great danger in resisting legitimate laws, under the influence of mere delusions and errors of opinion, and of committing treason and rebellion in the honest belief and intention of simply maintaining individual or state rights. Such difficulties and dangers and their alarming consequences, should teach moderation, and a spirit of conciliation, on all sides, and by all sects and parties.

The laws of the several states upon all municipal subjects, and upon all proper subjects of legislation over which jurisdiction is not given by the constitution to the federal government, are as absolutely supreme as the laws of congress are within their constitutional sphere-except that in all cases where the two co-ordinate governments have concurrent jurisdiction, the laws of the national government take priority and precedence to those of the state governments, and must be first satisfied. That precedence is the only appearance of supremacy which certain laws of congress have over the state laws. Concurrent jurisdiction and precedence exist in matters of direct internal taxes, the militia, and the jurisdiction of the federal and state courts, in certain classes of cases. On all other subjects the laws of each state are absolutely supreme within their proper sphere.

Congress has power to define and prescribe a punishment for crimes committed against the United States, or for violating the legitimate laws of the United States; but congress has no power whatever to pass laws to try and punish persons for murder, arson, burglary, larceny, or any other crime committed against persons or individual property, within the limits of a state. The state governments