Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-12-14

tho authority Of small majority If tho voters
Of a single State. Here is provision Of the
Constitution which is solemnly abrogated by
the same authority.
On such expositions and reasoniugs the Or.
dinance grounds not only an assertion Of the
right to annul the laws OF which it complains,
hut to enforce it.by threat of seeding from the
Union, if any attempt is made TO execute
Them.
This right to secede is deduced from the ma.
lure OF the Constitution, which, they say, is
compact oct%eon sovereign States. who have
preserved their whole sovereignty. and, there-
lore, are subject to no superior; that, because
!hey made the compact, they eau break IL when,
10 their opinion, il has been de,,arted from by
tho OTHER States. Fallacious as this course Of
reasoning is, 1t enlisrs State pride, aud fods
advocates I'm the honest p:cjud:ces Of thnse who
nave not studied the nature of our Govern
ment sufficiently 10 see the radical error on
which il rests.
The People Of tho United States formed tho
CONSTRUCTION, acting through the State Ee-
e'sia'urcS IN making the compact, to meet
aud discuss its provisions, and acting in sepa-
rate conventions when they ratified ,hose
provisions but the terms used il its cOu-
struci0n, show il TO TO y Governn ,ut in
winch the people Of oil the States collectively
arc represented. We are ONE PEOPLE in the
choice ut the President and Vice President.
Here the States have M other agency than 10
ven. The candidates having the majority of
all the votes are chosen. The electors of a
majority of States may have given their votes
Tor Que candidate, and yet anoiher may he cho.
sen. The People, them, and not the States,
! are repres .ntcd in the Executive branch.
In the House of Representatives, there is this df
ference that the people of one State do not as in
the case OF President and Vice President, all vote
for tho Same officers. The people ofall tho States
do not vote for all the members, each State elecng
. lta a m ser tDtIv Ruf
material distinction. When chosen, they arc all
representatives of tho United States, not repro
scntatves OF the particular State from which they
come They are paid by tho United Statos, not
by the State; they accountable to it for any
act done in tho pcrformahce of their Legislative
tunctIons and, however they may in practice, as it
is teir duty to do, consult and prefer the interests
| OF their particular constituents when they come in
conflict wi any other partial or local interest, yet
1t Is their first and highest duty, representatives
OF tho Unitod States, to prdniotc tho general good.
The Constitution of tho United States, then,
forms government, not league; and whether it be
formed by compact between the States or in any
other manner its character is tho same. 1t is 90
vernment in which all the people represented.
which operates directly the people, individually
not upon the States: they retained all tho power
they did not grant But each State having express.
iy parted with so many powers to constitute
Joi 'ly with the other States single Nation can
not from that period possess any right to seccdc,
! because such secession docs not break league
but destroys tho unity of nation; and any injury
to that unity is not only breach which would
suit from the contravention of compact but it is
an offence against the whole Union. To say that
any state may at pleasure seccde from the Union,
IS tn say that the United States are not nssiom;
because it would bo solecsin to contend that any
part OF u nation might dissolve it's connexion with
the other parts, to their injury or ruin, without
committing any offence. SECESSION, like any other
revolutionary act, may be morally justified by tho
, extremity OF oppression; but to call it consitu-
tional right u confounding the meaning of terms;
and can only be done through gross error, to
deceive those who willing to a right, but
woald pause before they made revolution, in
cur the penalties consequent u failure.
\ because the Union was formed by compact, i. is
said the parties I'd that compact may when they
feel themselves aggricvcd, depart from it, but it is
precisely because it is compact that they cannot.
compact is1n agreement or binding obligation.
1t may by its terms have sanction or penalty for
Its breach, or it may not.-if it contains sane
, ton, it may be broken with other consequence
than moral guilt: if it have n sanction, then the
brGach incurs the designated or implied penalty.
= league between independent nations, generally,
has sanction other than n moral one; or, if it
should contain penalty, there is common
superior, it cannot be enforced. Government,
on the contrary, always hus sanction, express or
implied; and in case, 1t is both necessarily i'm
\ piled and expressly given. An attempt by force Of
arms to destroy Government, is offence, by
Whatever means the Constitutional compact may
have been formed; and such Government has the
right by the law of sclf-defencc to pass acts for
furnishing the offender, unless that right is modii-
ed, restrained, resumed, by the constitutional
act. in our system. although it is modified in the
case of treason yet authority is expressly given TO
pass all laws necessary to carry its powers into
effect, and under this grant, provision has been
made for furnishing acts which obstruct the due ad.
ministration of the laws.
i 1t would seem supcriluous to add any thing to
show the nature of that union which connects us;
but as erroneous opinions on this subject the
foundation of doctrines tho destructive to our
peace, l must give some further development to
my views on this subject. No onc fellow citizcns,
has higher reverence for the reserved rights OF
the States, than the Magistrate who now addresses
you. N o one would ma! greater personal sacTiii-
ces, official cxcrtions defend them from vic.
lation; bu: equal care must be taken to prevent on
their part an improper interference with, resump
ton of, the rights they have vested in tho nation
The line has not been distinctly drawn as to a.
void doubts in some cases of the exercise of pow
or. Men OF tho hes; intentions and soundest views
may differ IN their construction parts of IN
Constitution: but there others which dispas.
sionate reflection can leave doubt. OF this ma
turo appears To- be the assumed right of secession:
IL rests, as &c have seen, the alleged undivided
sovereignty OF the States, and their having form
cd In this sovereign capacity compact which is
called the Constitution. from which, because they
made 1t, they have the right TO sccede. Both Of
these positions srroEeous, and some OF the ar
gumcnts TO provo them So have been anticipated.
Il The States severally have not retained their en-
tire Sovereignty. 1t has been shown that in be.
Coming patt8 of nation, not members of a lea
I que, they surrendered many of their essential
parts of sovereignty. The rights TO make treaties
! declare variety taxcs-exercise exclusive Judi
clai and Legislative powers-wore all of them func
items OF sovereign power. The States them for
all these important purposes, longer sover
eign The allegiance of their citizens was trans
ferred, in the 'rst instance to tho Government of
the United States--they became American citizens
and owed obedience to tho Constitution of tho
! United States and to laws made in conformity