Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-12-12

able TO it for any act done in tn. p.rs,n
their legislative functions; aud how eycr ,I.
in practice, as it is their duty to do. ,oa"ss
prefer the interests Of their par,ieul,, '.N ~
euts, when they come in conflict with , .oa'liu
partial or local interest, yet it is thei, 6:, W"
highest duty. a. Representatives Of tho WV ~! ~
States. to promote the general pood wv 'a''l
The Constitution Of the United STATE. .
forms a gouernmeM,-not league; and S .s
Their It be formed by compact between IN. S we
or in any other manner, it. character il N. s'e
Ii is government. 10 which all the ps"s,Ae
represented; which operates Direct, on ~. az
pie individually, mot upon the States. Tho,
tanned all the power they did not gran, ID
each State having expressly parted with 81 Nd, D.:
powers a. to constitute Jointly with tbs -.
States single Nation, cannot, from Tia, ,. u.0s
possess any right to secede, because such ,.
sion does not break . league, but DESTINY, y" '.'s
pity Of q Nation; and any Injury to th,i n, %e
not only breach which would result f,,ns
eon'ravsntion Of compact. but it is an aF'a
against the whole Union. To say tia, ,cr t S.''
may, At pleasure, secede from the Union i -.
say that the United States are not a Na,,,,. :,
cause II would be soIecism to contend n, x
part Of . Natiun might dissolve its Come:
with the other parts. to their injury or ruin. ~
out committing any offence. Secession, rL,'.
other revolutionary act, may be morally igs;
by the extremity Of oppression; but to call ," !,
Constitutional right. is confoundins the np,r,'
OF terms, and can only be done through oro,, :.
r0r, or to deceive those who are wilIln, n ,,...
right, but would pause before they made , r,,,
luton, or incur the penalties CONSEQUENT, m
failure.
Because the Union was formed BY conD,,,
10 said the parties to that compact NAV when H.,
feel themselves aggrieved, depart from it: bu, !
Is precisely because it 10 compact that they ,,,
not A compact is an agreement or binding d
legation. It may by its terms have a au;u,
or penalty for its breach or It may not. 4
contains no sanction, il may be broken with =,
other consequence than moral guilt: if il h,u,
sanction, then the breach incurs the desi,m,,j
or implied penalty. A league between iad,u,.
dent nations, generally, has no sanction CiSs
than amoral one; or if it should conain, ,,u,.
ty, as there il 80 common superior, II cauts, b
enforced. A Government, on the contrary, a.
WAYS has sanction, express or implied; and, Il
our case, II is both necessarily implied aud !,
prsssly given. An attempt by force Of arm, b
destroy Government, is AL offence, BY sh,,
er means the constitutional compact may h.p
been formed and such Government has the rl.t.
bv the law Of self.defencs, to pass acts for puhG
ing The offender, unless that right Is modified, n
steamed or resumed by the constitutional &C, :
10 our own system, although it is modified in d
case of treason. yet authority is expressly eve
to pass oil laws necessary TO carry ns power
to effect. and under this grant provision has be
made tor Furnishing acts which obstruct the tq
administration Of the laws.
II would seem superfluo to add snv, tha,.
show the nature Of that snion which connect, d
bot a. erroneous opinions on this subject arc Il
fou ndation Of doctrines the most destructive
oup peace, ] must give some further der.or
msnt to my we've on this subject No one, K
Iow.citizens, hes higher reverence for The n
served rights Of the States. than the MY.tnH
who now addresses you. No one would aa
greater personal sacrifices. Or Official sIer'"a
to defend them from vidstionj but equal al
must br taken To prevent on their part On IsP-
per interference with, or resumption Of, lsnsAd
they have vested 10 the nation. The Is m
not been so distinctly drawn as to avoid doubt
in some cases Of the exercise oi power As
of the best intentions and soandest We" nr
differ 10 their construction OF some parts Of y
Constitution: but there are others on Hh'eh q,
passionate reflection can leave no DOUBT.
this nature appears to be the assumed night 0s
cessiun. II rests. as we have seen. on III.
legged undivided sovereignty Of the States and
their having formed in this sovereign tapIr!
compact which is called the Constitution,
which, because they made it, they have The ~
to secede. Both Of these positions are efohsS
and some Of the arguments to prove them s''1
been anticipated. -
The States severalIy have not retained
entire sovereignty. II has been shown 'Al,
becoming parts Of a nation, not members
league, they surrendered many Of their essen
parts Of sovereignty. The right to make "
ties--declare variety tares-eserels {" rs
sive judicial and legislative Powers-,vse'ss !.
them functions of sovereign power. lhe 'n'
then, for ali these important purposes VI"
longer sovereign. The allegiance Of tne1
zens was transferred in the FIRST instance ".
Government Of the United Sta'e'-thsy zee.
American citizens, and owed obedience w. y.
Constitution Of the United States, and ~
made 10 confnrnity with the powers II 'e'',
Congress. This last position has not oe s..
cannot be denied. How, then, can tha' Sa,
said to be sovereign and Independent SNoS
tjzens owe obedience to laws not made o. M'