The Massachusetts spy. [volume] (Worcester [Mass.]) 1831-1858, 1832-12-19

soundes. views may differ in their construction OF
some parts of the Constitution but there are 9th
FRS an which dispassionate reflection can leave no
doubt OF this nature appears To be the assumed
right of secession 1t rests. as We haze seen on
the alleged undivided sovereignty OF the states,
and their having formed in this sovereign capac-
lily compact which is called the Constitution,
from which, because they made II. they have the
right TO secede. Both OF these positions are erro
neous, and some OF the arguments to prove them so
have been anticipated.
The States sevcraly have not retained their en-
tire sovereignty. 1t has been shown that in be-
coming parts of a nation, not members Of league,
they surrendered many Of their essential parts OF
sovereignty. The right to make ireaties-declare
variety taXcs-exercise exclusive Judicial and
legislative powers were all oil them functions OF
sovereign power. The States, then. for all these
important purposes, were no longer sovereign
The allegiance of their citizens was transferred, in
the hist instance, to tho Government OF the Unit
ed States-they became American c,tzens, and
owed obedience 10 the Constitution oil the United
States and to the laws made in conformity with
the powers it vested in Congress. This last posi-
ton has not been, and cannot, be denied. How
then that State be said to be sovereign and in
dependent, whusc citizens owe obedience 10 laws
not made hy it, and whose magistrates are sworn
to disregard those laws when they come in conflict
with those passed by another? What shows con-
clusvely that the States cannot be said to have re-
pressly coded The right to punisht reason-not trea-
against their separate power-but treason
against the United States. Treason is an offence
against eieignty, and sovereignty must reside
with the power to punish it. But the reserved
rights of the States not less sacred, because
they have for Their common interest made the
General Government! the depository of these pow
The unity Of our political character (as has
been shown for another purpose) commenced with
It's very existence. Under the Royal Government
we had separate character-our opposition to its
expressions began as United Colonies. We were
the United States under the confederation, and
the name perpetuated, and the Union rendered
NOR perfect, by the Federal Constitution. In
of these stages did we consider ourselves in
any other light than as forming one nltien. Trea-
ties and alliances made in the name of ALL
Troops were raised for the Joint defence. How,
then, with all these proofs. that all changes of our
position we had for designated purposes and with
defined powers, created National Governments
how is 1t. that the most perfect of those several
modes of union should now be considered as 4
mere league that may be dissolved at pleasure 1t
Is from an abuse OF terms. Compact Is used as Sy-
noDymous with league although the true term is
not employed, because it would at show the
faacy OF the reasoning. 1t would not do 10 say
t'at our Constitution only league ; bnt, it is
abored Ia prove it a compact (which sense it
s) and then to argue that league is a com pact
every compact between nations must of course be
league, and that from such an engagement tvery
sovereign power has right TO recede. But it has
been shown, that in this sense the States are not
sovereign, and that even if they were, and the Ma
tlonal Constitution had been formed by compact,
there would be no right in any one State to exone-
rate itself from its obligations,
SO obvious are the reasons which forbid this Sc
cesSon, that it is necessary only to alude them
The Union was formed for the benefit of all 1t
produced by mutual sacrifices of interests and
opinions. Can those sacrifices be recalled Can
the States who magnanimously surrendered their
title to the Territories of the West, recall the
grant viii the inhabitants Of the inland States
agree to pay the duties that may be imposed with
out their assent by those the Atlantic or the
Gulf, for their own benefits Shall there he free
port in one State. and onerous duties in another
No one believes that any right exists in a single
State to involve all the others in these and count
less other evils, contrary to the engagements SOL
EMMY made. Every one must see that the other
States, IN selt-delence, must oppose At all hazards
These are the alternatives that are presented by
tine Conventional repeal OF all the acts for rails
ing revenue, leaving the Government without the
means o support or an acqulescenCe in the disco
luton of our Union by the secession Of one of its
members. Whom the first was proposed it was
known that il could not be listened to for n mo-
ment. 1t was known if force was applied to Cd.
pose the execution Of the laws that it must be re-
PEELED by forCc-thl Congress could not without
involving itself IN disgrace, and the country in ruin
accede TO The proposition; and yet, if this is not
done IN given day, or if airy attempt is made TO
execute laws, the Safe is by the Ordinance, de-
clared TO be out of the Union. The majority of
Convention assembled for the purpose have dedi-
Gated these terms, or rather this rejection of all
terms, IN the name Of the people of South Carroll
M. 1t is tue that the Governor Of the State speaks
of the submission Of their grievances to Conyen-
ton OF all the States which, he says, they " sin
cereiy and anxiously seek and desire" Yet this
obvious ard constitutional mode Of obtaining the
e H. A. ~
federal compact, and amending it, if necessary, has
never been attempted b. those who have urged the
State on TO this destructive measure. The State
might have proposed the call for a General Con
vention to the other States and Congress if a
suthclent number Of them concurred must have
called it. But the first Magistrate of South Caro-
lima, when he expressed hope that " on review
by Congress and the functonaries of the General
Government of the merits Of the controversy" such
Convention will be accorded to them. must have
known that neither Congress nor any functionarv of
the General Government has authority TO call such
Convention, unless il be demanded by two-thirds
OF the States. This suggestion, then, is another
instance Of the reckless inattenton to the provis.
ions of the Constitution with which this crisis has
been madly hurried on, or of the attempt to per-
suade the people that constitutional remedy had
been sought and refused. If the Legislature of
S.Carollna 'anxiously desire General Convention
10 consider their complaints. why have they not
made application for il in the way the Constitution
points out? The assertion that they earnestly
seek 1t is completely ncgatyed by the omission
1his, then is the position in which we stand A
small majority of the citizens of one State in the
Union have elected delegates to a State Conyen-
ton that Convention has ordained that all the
revenue laws of the United States must be repealed
or that they are no longer member of the Union
he Governor of the State has recommended to
the Legislature the raising of an army to carry the
secession INTO effect, and that he may be empow-
cred to give cearances TO vessels IN the name of
the state no act Of violent opposition to the laws
has yet been committed, but such state Of thinGs
is hourly apprehended, and it is the intent of this
instrument to PROCLAIM not only that the duty
imposed on me by the Constitution /" to take care
that the laws be faithfully executed" shall be pcr
Termed 10 the extent Of the powers already invested
IN me by law, of such Others as the wisdom of
Congress shall devise, and entrust TO me for the
purpose; but to warn the citizens Of South Carol-
na, who have been deluded into an opposition 10
the laws of The danger they incur by obedience to
the Illegal and disorganlzng Ordinance Of the
ConventIon-to exhort those who have refused TO
support 1t to perseverc in their determination 10
uphold the Constitution and laws of their country
and to point out to all the periIous situation into
winch the good people Of that State have been led
and that the course that they ARE URGED TO pur-
sue is one Of ruin and disgrace to the yery State
whose rights they affect to support
Fellow citizens Of my native State let me not
only admonlsh you, as tho first Magistrate of our
common country. not to incur Tue penalty OF its
laws, but use The influence that Father would
over his children whom he saw rushing TO certain
rum IN That plternai language with that patcr-
nal ieelng, let me tel you, my c1untrymen. that
you are dclIded by men who are either deceived
themselves or wish to deceive YOU. Mark under
wha' pretehccs you have been led on 20 the brink
81 IlsutIe ctIOn and treason, on which you stand
ny u'mhution OF tie v1r2 OF your staple COM