Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-12-20

state has right TO pursue particular line Of conduct,
there cannot exist in another another State ght
TO Interfere with the former. Not hour passes,
that this inference by the common
sense oil mankind applied 10 human affairs The reason
s' that the proposition altogether napplcable to the
lure OF man. WIN regard TO tho conduct OF beings
lowed with omnscience, and with inialibe iudginent
the proposition would be true. With regard man,
whose knowledge is limited and whose Judgment is al
bic, Is false. Why! Because rights land the right of
seeess'onis right OF this kind) often solely on be-
Ho. assert therefore, that conflicting rights cannot
co-exst Is 10 assert that conflicting beliefs exist in
the minds OF different men, different Staes-Let us
resort 10 our principles, and how the right OF
Is deduced from them.
Our Federal Government rests upon a comuact beveen
sovereign aud independent States To this compact eve
ry one oil me parties acceded perfectly sovereign
otate-wbich, at Its free option, could become or
refuse 10 become, member OF the Union--which ne-
'her claimed over, nor recognized in, any of the
other parties any right of whatever This ia
simple historical fact which no more admits of conirover
sy than does the past existence of George Washington
forming his compact the States Chat is say the several
bodies oil men who constituted the Sate) acted hro
their governments but in their immediate sovereign capa-
city; and this TACT which, in xion with the ambgu-
~ OF the word State, has contributed the of
the views frequently taken OF this subject in truth
bu TO make the nature of the parties TO the compact the
more indubitable aud the manifest The Union is
society oil Stofes founded social compact between
perfectly sovereign and independent States The agents
who compose the Federal Government derive every
with which they are invested or ever can be invested
from independent acts OF the will OF independent States
who are the parties, and the only parties the Constu
uon' Any proposition which conflicts the slightest de
| e.
dncon from 1t, necessarily involves fallacy or other
vi the numerous faacies which have been advanced i'm
10 he subject one clfss consists in false differences
rom 'he mere name, which the parties the compact
Int to assume in their associated capacity
which, besides being indirect conflict with every historical
iact connected with the society, well with
conclusive evidences contained the body of the nsru
nent seli, involve disregard of the obvious truth that
me corrective appelation adopted by them, whatever ii
might nave Deen could not in the slightest degree affect
The nature OF the parties the association Some thou
sands Of years hence when the knowledge possessed of
THIS nation may perhaps be incomplete and Inaccurate
as mat wheh we ourselves possess OF renotes predc
cessor the preamble of present Consttu ton may per-
maps oe one oil The fragments which the ingenious will
nave 20 uepehd Tor conJectures concerning Should
there then be drawn from the expression The Peopie
81 me u 81, differences similar to those of which the
discussions Constitution already afford so MANY
amples there will then be AN apology for the error which
Is wanting now. Another class Of those iaacies consists
III cohoundng together the of the parties to the
compact when viewed as parties TO the compact, aud
lher nature when they viewed subjects to The dc-
non ~ me agents created by the compact.
By entering into this compact each the parties deega
Polca powersto set OF federal agents.
mon political functonare, constituting what called the o
vernment OF the United Staes they bound themselves
10 each other TO acquiesce under support the exercise
oil those powers by those agents Its clear then thai bv
TINS compact no State is under any obga 10 SUI init TO
the exercise OF any power other than the
Ii is equally clear that by this compact each of ,he nar
Dound To every other party, submit the exercise of
every power which has been delegated the federal
agent These are ruisns familiar every mind TO which
The word compact conveys adeinite idea.
suppose then, power no, delegated, be ped by
a "A riy tO he nj
from its exercise Has each parry this right and a
each party the right 10 herself from its exercise
ueny mat this right exists in the parties collectively
would lie to deny that there such thing as dele
gation OF Unite authority: il would be TO assert thai i'm
NE delegation oil any power, necessar, involved
me delegation oil every imaginable power To deny that
s iSh exists IN the parties seUeTdy, would be TO Jeny
that there can possibly be such thing as definite apree
nem II would be to assert that State by binding her
sell 10 another State, 10 submit the exercise of one pow
er by federal agent, thereby necessarily binds herself IN
submit 10 The exercise OF every imaginable power
IS then unquesionabe, that this right does exist in
inc parties TO the Constitution both collectively aud seye
rally 1t exists in them collectively because the Consti-
luton IS delegation of limited powers. 1t exists in each
severay, because that dele gallon of limited powers is
mater OF compact between ind pendent parties. That
the parties To this compact are independent States. is
M JUST as lnconroyerble as that the powers delegated
Wy Tue compact are limited powers-Lct see ON
wha ground the practical assertion Of this ri lat must from
e nature OF things, in every possible rest The We
pre-suPposes an act Of the Judgment Whether ny par
ocular power be power which has been delegated or
ono whch has not been delegated, every practical
PurPose,a matter oil judgment. Ii is solely III on iuIg.
nent formed by the States by one oil the Sta es in re-
aioh 10 The character OF power that the idea of as
<erng their right collectively or her rgb, severallv
:" NC exempt rom It's exercise, occur. TO
deny that the States collectively posses or that each STATE
severa'y possesses the right dgc oil the character OF
power would therefore be 10 deny the existence of the
ight which We have just consjdert d-Those who dele
gated The powers OF the Federal Government acknow |
eoge no authority superior TO their oolcc i've authority
hey must thereto e. necessarily be the judges in the la
resort oil The character OF every power that NAV come in
question But the matter which the judgment is TO be
formed Is also matter compact between the parties
ana my acknowledge no common SUPERIOR From tle
very nature OF compacts between such parties it follows
mat edeh must judge and has right judge, ITSELF
in The last resort on all such questions
Is clear, then, that each state having The rie Int 10 be
exempt from the exercise of all pow ers excep the dele
gaed powers and having also the right Judge Tor her
sen ~ e last resort, OF the character any power has
he rght TO De exempt from the OF every pwer
judged ny her 10 be uncons uiona has the rio ht 10
secede from the Uuon Taher than be subject TO lis exer
else.
But has she right to secede peaceabIY? In other
words has any of the other parties right to object to
neT secession ana 20 oppose IL orcbly if nj
me answer be made TO depend the general PROPOSITION
Wdt cohfctHg rights cannot cO-erisf il will be that no
such right can exist But TO become satisfied of the fall
acousness oil this propositions only necessary to see
now IL VIII lead from premises equally inconroyerblo
to denial that the right of secession can i'm anv case VII
nat every State is bound by the compact 10 submit In
me exercise oil every power delegated by the compact i
u as Hue as that no State is bound by the compact TO
SUBMIT 10 the exercise OF any other power Each State
men, mas right That every other State shall submit TO
tue exercise oil every power delegated by the contact
geeSby 10 the general principle considered above each
state has night 10 judge for herself in the last resort
whether any particular power be power which has or
one which has not, been delegated: in other words yvhe
her II be or be not which she has a right that the
other States shall submit to- If her Judgment be that il
power OF this kind, then has she right TO insist ON
their submitting TO it, If apply here the falacious
proposition, mat conflicting rights cO-erist il will
follow that no State have right TO refuse To submit
to any power which another State may Judge to be among
the delegated powers.
The tdacy OF This proposition manifest loses sight
OF the truth that men endowed with inalble udo
ments; and that in the judgments they may be called on
10 form respecting the obligations contracted among them