Southern planter., 1832-11-17


pals, and thus present ease wheTeeocesson would
apply; bot 10 no other could it be justified, except
il be fora iailnre Of iboassociation, or unon To e.
feet The object ioT which it was crea;ed indePend-
cnt Of any abuse of.power.
II now remains TO show that their egec. is asdis
similar as their nature or object
EuMcation leaves the members Of the ussocla-
tioh or union, in the condition il found ihcns sub
jeci 10 al IFS burdens, aud entitled 10 all its ad
vaniages, comprehending the member nulliiylng,
us well as the others; IFS object being, not 70 de-
sroy, but TO preserve, as has been stated. Il simp-
" arrests thoaci Of the agent as iar as the princi-
pal is concerned, leaving. in every other respect,
the operation oftho joint concern as before Seces-
sion, on the contrary, destroys, 50 far the with
drawing member Is concerned, the association, or
union, and restores him 10 the relation he occupied
towards the other members before the existence Of
the assocaiion, or union lie loses the benefit. but
is released from the burden and control, and can no
longer be dealt with by lis former associates one
ofiis members.
Such are, clearly the difference between them
-diflerences 80 marked, that, instead Of being j.
Identified, as supposed, they form contrast in all
the nspecis in which they can be regarded. The
application ofthese remarks 10 the political associa-
lion, union ofihesc twenty four States, the Gen
eral Government their joint agent, ,istwo obvious,
hiiOI WHAT Nut utlh ulICuuy any Nur
diiional illustration and will dismiss this part Of
the subject, with single additional remark
There are many who acknowledge the right Of a
State to secede, but deny his right to nulify: and
yet il seems impossible 70 admit the without ad-
hitting the other They both pre-suppose The same
structure Of the Government, that il Is Union Of
the States as forming political communicable
same right on the part Of tho States, members Of
the Union, to determine for her clizehs the extent
Of the powers delegated and those reserved, and Of
course 10 decide whether the Constitution has or has
not been violated. The simple difference, then, be-
tween those who admit Secession, and deny Nulii-
fcaiion, and those who admit both, is, that
knowledges that the declaration Of State. pro-
nouncing tha, the Constitution has been violated,
and is, therefore, null and void, would bo OBJ
iqatory on her citizens, and would arrest all The
acts ofthe Government, within the limits of the
State; while they deny that similar declaration,
made by the same authority, and in the same'lnan.
neT, aud that an aci ofthe Government his trans
cended IFS powers, and that 1t IS, therefore, null
and void, would have any obligation; while the O.
lher acknowledges the obligation in both cases.
The one admits that the declaration Of State, as
sening TO the Constitution, bound her citizens and
that her declaration. can unbind them; but denies
That smhar declaration, as 10 the extent she has
IN fact bound them, has any obligatory force on
hemi while the other gives equal force TO the de.
claraion in tie several cases. The one denies the
obligation where the Objects preserve the Union,
In the only way can be, by confirming tho Govern
ment, formed 10 execute the tTust-powers strictly
within their limits, and, TO the objects for which
they were delegated, though they give full force
where the object is TO destroy the Union ITSELF while
the Other, in giving equal weight to both, peters
tho ono bccauoo - Prosovoe, and rejects the other
because il destroys; and yet the former 10 the Union,
aud the latter the Disunion, Party And all this
strange distinction originates as far as can Judge
in attrbuung 10 Notification what belongs exclu-
siyoly to Secession. The difficulty as to the for
mer, Il seems, is, that State cannot be in and out
ofthe Union at the same time.
This Is, indeed, true, If applied 10 secossion-
the throwing offthe authority Of the Union itself.
To nullify the Constitution, i'll may be pardoned
the soecism, would indeed, be tantamount TO dis
union; and as applied to such an act, il would be
true that State could not be in and out of the
Union at the same time; but the act would be Sc
cession.
But, TO apply il to Notification, properly under
stood, the object ofwhich instead of ressting or di
minishing the powers Of the Union, is to preserve
them as they are, neither increased nor diminished
and, thereby, the Union tselG( FOR the Union may
be as eiecuaily destroyed by increasing, as by d.
minishing, its powers-by consolidation, as by dis.
N"t'h NocilJ Noulu utf Wouu say Hhu not
great respect for nnny who do thus apply II. eyre.
gious triling with grave and deeply important
constitutional subject.
| might here finish the task which your reques,
imposed, having trust, demonstrated beyond the
power ofreiuialion, that State has a night TO de.
iend her reserved powers against the encroachmeni
OF the General Government; and, may add, that
the right is, I'M nature, peaceable, consistent with
the Federul relations Of the State, and perfectly
efficient, whether contested before the courts, or at
tempted to be resisted by force. But there IS ano-
ther aspect The subject, not yet touched without
advertine 20 which il simpossbe 10 understand the
full effects Of Notification, or the real character of
our political institutions. allude 10 the power
which the States, as a conlederated body, have ac
qured, directly, over each other; and on which
viii now proceed to make some remarks, though,
Tear, at the hazard Of fatguing YOU
Previous to the adoption ofthe present Consiiu-
ton, no power could be- exercised over any State,
by any other, or all Of the States, without its own
consents and we, accordingly find that the old
Confederation and the present Constitution we're
both submiIcds for Publications to each of the States
and that each ratified for ITSELF and was bound
only IN consequence Of its own particular IalIiiea
ton, as has been already stated The present Con
siIiution has made, 10 this particular; a most i'm
portant modification in their condition. 4 allude