Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1832-12-20

constitute Jointly with the other state, n ain
gle Nation, cannot from that period possess
any right 10 secedc, because such seeessio,
does not break league, but destroys the uni
ty OF nation and any injury 20 that unity
Is not only breach which would result from
the contravcntion Of compact, but IL is an
offence against the whole Onion. To saw
that any state may 1T pleasure sccedc from
the Union, Is TO say that the United States
are not nation because il would be a So
lccism To contend that any part of nation
might dissolve its copnexion with the other
parts, TO their injury or ruin, without CON-
hitting any offence. Secession, like any
other revolutionary act, may be morally JUS
tilted by the extremity Of oppression but
60 call il constitutional right is conforming
tho meaning Of terms; and can only he done
through gross error, or to deceive those who
arc willing 20 assert right, but would pause
| before they made n revolution, or incur the
penalties consequent on n failure.
because the Union was formed by compact
II IS said the parties 10 that compact may.
when they feel themselves aggricyed, depart
from II: but il is precisely because il is a
compact that they cannot. 4 compact is an
agreement or binding obligation. u may,
ny its terms, have a sanction or penalty for
It's breach, or it may not. " IL contains
no sanction, II may be broken with no other
consequence than moral guilt: il IL have a
sanction, then the breach iucurs the dcsgna-
ted or implied penalty. A league between
independent nations, generally, has no sane
ton other than moral one or, if IL should
contain penalty, rs there il no common SUI
perior, II cannot be enforced. A government,
on the contrary, always has a sanction, ex-
lprcss or implied and, in our case, il is both
necessarily implied and expressly given. An
attempt by force Of arms 20 destroy Govern
ment, Is an offence, by whatever means the
! constitutional compact may have been form
/ ed; and such government has the right by
TIE IN" of sclf-doiencc, TO pass acts for pun
ishinS the offender, unless that right is inodi-
fed, restrained, or resumed, by the con.titu-
tionai ACT In our system, although il has
| been modified in the case OF treason vet au-
ihority Is expressly given to pass all laws ne
cessary to carry its powers into effect, and
under this grant provision has been made for
Furnishing acts which obs,ruct the due admin
istration of tho laws.
! u would seem superfluous to add any thin
10 show the nature If that union which con-
meets US; hut rs erroneous opinions on this
subject are the foundation Of doctrines the
most destructive TO our peace, I must give
some further Development TO my views on
Tins subject No oue, fcliow-citizcns, has a
higher reverence for the reserved rights OF
the states, than the Magistrate who now adj
yca' 4NO OhC AOulu make greater
personal sacrifices, or official exertions, to
defend them from violation; but equal care
must be taken To prevent on their part an i'm
/ proper interference with, or resumption of
the rights they have vested in the nation
/ The line has not been SO distinctly drawn rs
To avoid doubts in some cases Of the exercise
oil power. Men Of the best intentions and
so'indest views, may differ in their construc-
ton OF some parts Of tho Consultations; but
@a-A H. 4.
Election can leave no doubt. OF this nature
appears 10 be the assumed right of secession
u rests, as We have seen, on the alleged un-
divided sovereignty Of the states, and on their
having formed in this sovereign capacity n
compact which is called the Constitution
from which, because they made it, they have
the right to sccede. Both OF these positions
are erroneous, and some OF the arguments 10
prove them so, have been anticipated
The states severaliy have not retained their
entire sovereignty. II has been shown that
ia becoming parts OF nation, not members
oil league, they surrendered many Of their
essential parts of sovereignty. The right to
make treatics-declarc war--levy taxes-ex-
ercise exclusive judicial and legislative pow
erS-weTe all of them functions of severe iSl
power. The states, then, for all these iu-
portant purposes, were no longer sovereign.
} The allegiance of their citizens was transfer
red IN the first instance To the Government Of
the United States-they became American
} citizens, and owed obedience 10 the Consti-
tuition of the United States, and 10 Law y.
made in conformity with the powers il vested
IN Congress. 1his last position has not been.
} and cannot be, denied. How then, can that
state he said 10 be sovereign ard independent
: whose citizens owe obedience Co laws not
! made by ~, and whose magistrates arc sworn
To disregard those laws, when they come in
conflict with those passed los anoiher' What
shows conclusively that the states cannot be
said 10 have reserved an undivided severe ign-
: ty, IS, that they expressly ceded the right 10
punish treason, not treason against their Sc
paratc power, hut treason against the United
states. Treason y an offence against sore
reisniy and sovereignty must reside with the
power To punish Il. But the reserved rights
OF the states are not less sacred because they
have for their common interest made the &C.
neral Government the depository of these
powers. The unity Of orr political character
tas has been shown for another purposc) com
menoed with its very existence. Under the
; Royal Government We had no separate char
seieri our opposition 20 IS opprr,sions began
~ uEirEp coLoSTEs. We were The USuEp
, SrArEs under the confederation and the maine
vas perpeiaaied. and the Union rendered
more Fcfieci BY Tie Federal Constitution.
, tn none e thcsc stages died wc consider oor-
ELVES in any other light thsB fprmins one ma
ton. Irraiira and sihaucrs were made ~ the
nane q al Troops uerr raissd Zoe the ioin; de-
iener. How utrr, With FL thcsc proofs. that IN
der ~ ehanges ~ our position had, Tor dr.,g-
naie' purIsuses and vith dtfnrd pawers. errsI-l
Hatinusi tioycruFnents-hoV d H. that the mos,
perfref q those sevrfal modes 81 union. should
= nos D. considered - mere beg r. that my -
diftelsed - rl-Hsurr' II u from 81 sbuss Of
isFiaA Compasi - npd a. synonyfnous uiti
, ic-gue. siihough Sic ifue term l. nj rtnpi,,ysd
bffaa,f q uoaid ~ Ynce shos thc failaey ~ tllf
3rssnninz " so'iid ne 10 ~ 49, ii.si oar Con-
siiuiiqa Vss only iepziir, but q - isbored u
rrofe q eompstt. fsi.ich w one sepse 81 and
tarn % sfEHr thaf ss issgus - compact, even
> eonfaci brfeeon cations must q raurse BE-
isnrr arsi tt..t frl,s estf - rurarrfnent every