Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-10-05
POLITICAL.


be attempted there will be other parties besJ. tho O.
neral Government and the State. Blockade is bellige
rent right presupposes state OF war, and unless Their
be war (war in due form prescribed by the Constitu
TOM the order for blockade would not be respected m
other nations, or their subjects. Their vessels would pro
coed directly for the bockaded port with rtain
OF gain if seized under the order blockade throg
duties.
The other mode, the abolition of the ports of entry o.
the State would also have its difficulties. The Constu
ton provides that mo preference shall be given by AN,
regulation of commerce, revenue, the ports one
State those of anohcr not shall vessels bound 10
or from one State be obliged enter clear, pay duties
IN another; provisions, clear be eluded by the
force of construction There will be another difficulty.
II seizures be made in port within the distance assigned
by the laws OF the nations the limits OF State, the
trial must be in the State, with all the
OF its courts and juries while beyond the ports the
Instance 10 which have referred, II would be difficult
point out any principle by which foreign vessel least
could be seized, except incident TO the right oil
blockade, and OF course with all the difficulties belonging
10 that mode OF coercion.
But, there yet remains another, and doubt not nsu
perabe barrier 10 be found in the Judicial tribunals the
Union, against all the schemes of Introducing force whe
Their by land or water-Though concur in the
opinion of those who regard the Supreme Court the
mediator, appointed by the Constitution, between the
States and the General Governments and though cam
not doubt there natural bias its part the
powers of the latter yet must greatly lower my opinion
oil that high aud important tribunal for intelligence JUS
uce, and attachment to the Constitutions and partcularlv
OF that pure aud upright Magistrate, who has long and
with such distinguished honor TO himself and the Union
presided over its deliberations, with all the weight that
belongs TO an intellect of the first ORDER united with the
most sPotless integrity TO believe for moment an
attempt so plainly and maniiestly unconstitutional as
resort TO force would be- in such contest, could be
tanned by the sanction OF its authority In whatever form
force may be used it must present questions for legal
Judlcaton III in the shape of blockade the sez-
ed under it, must be condemned, and thus would be
presented the question Of prize prize; and, with
it, the legality of the blockade if i'm that of a repea
OF the acts establishing ports OF the State
the legality Of the seizure must be determined, and
that would bring up the question of the constitution
atty OF giving preference the ports of one State
over those OF another; and SO, if pass from
TO land, we Will find every attempt there, subsii-
tute force for law must in like manner under the
review oil the Courts oil the Union, and the demonstrations
ahty would be so glaTing that the Executive and Legsa-
tive Departments in their attempt coerce, should either
make attempt awless and desperate would be with
out the support of the Judicial Department. | will not
pursue the question farther, hold it perfectly clear
that so long as State retains its Federal relations; long
In word, as IL continues member of the Union, the
contest between it and the General Government must be
before the Courts and Jues, and every attempt what
ever form, whether by land water, substitute force
as me arolte IN their place. must fail The unconstitu-
uonay OF the attempt would be open and papab, that
II would be impossible TO sustain il.
e pafde5, WGTSfp eBl que aaY OF the contest,
that notification is secession and would, consequently,
place the State, TO the others, in the relation Of foreign
State Such clearly would be the effect of secession; but
it is equally clear that it would place the State beyond
the pale OF all her Federal relations and thereby all con
troll on the part OF tho other States her. She would
stand to them simply i'll the relation Of foreign State,
Invested OF all Federal connections and having none other
between them but those belonging to the laws OF nations.
Standing thus towards another, force might indeed be
employed against State but il must be force
preceded by declaration Of war, and carried with all
its fomaes. Such would be the certain effect OF ecesson
and if qualification be ectssoni be but different
for the same thng-such, too, must be its effect; which
presents the highly Important question, are they in fact
the same the decision of which, depends the question,
whether il be peHcsdble and constitutional remedy,
that may be exercised without terminating the Federal
relations OF the State, not,
am aware that there is considerable, and respecta
BILE portion of our State with very large portion of
he i'm ua w re
OF the opinion that they the thing differing only
in name and who under that impression denonnce II as
the dangerous of all doctrines; and, yet far from
being the same they are, unless indeed am greatly de-
ceved only perfectly dstnguishable but totally dis
similar, in their nature, their object and effect and that
far from deserving The denuncidon properly belong
ing the act, with which il is conounded it H. in truth,
the highest and most precious OF all the rights of the
States and essential preserve that very Union for the
supposed effect of destroying which, IT Is so bitterly
mathematical.
shall proceed to make good my assertion Of their
total disSimildTity.
First they are wholly dissimiIar in their nature One
has reference TO the parties themselves and the other
to their agents Secession is toithdTotodi Jrom the
Union separation from partners and, as Tar as depends
the member Withdrawing, dissolution OF the part
nershp. 1t pre-supposes association; an union Of
several States, or individuals, for a object.
Wherever these exist secession may; and where they do
not, it cannotNu lifcaton The contrary, Pre-stp
poses the relation principal md agent; the grant
ing power be executed, the other appointed by him,
with authority to il anil is simply declaration
the part Of The principal. made IN due forD that an
ncf Qf the agent bGnSceHding ms pOjceT as nun ana
uOid. IT is right belonging exclusively to The relation
between principal and agent to NC found WheycreJ IL er-
lists and in all its firms between several associa-
ton Of principals, and their joint agents, well as be-
tween a single principal and his agent.
The difference in their object is less striking than in
their nature.
The object of secession is 10 free tho Withdrawing
member from the obligation of The association union;
ond applicable where The intention Of the
sociaon union has |aled either by abuse of pow
the part OF its members other Its di-
Ms
ing member is the dissolution If The association on
union On The contrary, the object Of notification is 10
con6ne the agent within the limits Of his powers by ar
resting his ransccnding them not NTH the pc,o n
destroying The deicgdied trust pOtreT but 10 pTeSTrc
IT, By compelling The agent 10 Jfihe object Joy tchich
the agency trust created; ami is applicable 0niy
10 cases ohere The trust delegated p0Wers are trans
cended The part ef the agent. Without the power OF
secession, association union, formed for the common
good Of all the members, might prove ruinous to some by
the abuse Of power The part OF Tie others ana with
nufcaton the agent might. under color OF conslruc'
lion, assume power intended 10 be delegated or
convert those delegated to objects neveTncnded 10 be
cofnprchendod In The trust the run OF the principal,
in case Of Joint agency the ruin Of some OF the prn
cipas Each has hus lis appropriate obec but objects
in their nature very dissmr much go that ia case oil
an association union, where the powers are delegated
10 be executed by agent the abuse Of power the
part of the agent The injury Of one, o( mem
bers would not Justify secession, their part. The
rgl,tCpl remedy, in that case, would be DuhicadOn-
There would be neither right prctcxt 10 secedC;
right because secession is applicable only TO the acts
act Of the agent prcicxt because there IS another
and equal efficient remedy, short Of the dissolution Of h
sssoca,ion, or union, which only be justified by ne