Delaware gazette and American watchman. [volume] (Wilmington, Del.) 1828-1837, 1832-12-14


their votes for one candidate and yet another may
be chosen. The people, then, and not the States,
are represented in the Executive branch.
In the House of Representatives there is this
difference that the people Of one State do not, as
in the case Of President and Vice President, all
vote for the same officers. The people of all the
States do not vote for all the members, each State
electing only its own representatives. But this
creates no material distinction. When chosen,
they are all representatives of the United States,
not representatives of the particular State from
which they come. They are paid by the United
States, not by the State nor are they accountable
to it for any act done in the performance of their
legislative functions and however they may in
practice, il is their duty 10 do, consult and pre-
fer the interests of their particular constituents
when they come in conflict with any other partial or
local interest, yet it is their first and highest Duty
as representatives. Of the United States, to promote
the general good.
The Constitution Of the United States then forms
a government, not league, and whether il be
formed by compact between the States, or in any
other manner, its character is the same. 1t is a
government in which all the people are represent
ed, which operates directly on the people individ-
ually, not upon the States--they retained all the
power they did not grant But each State having
expressly parted with so many powers as TO con-
stute Jointly with the other States single Nation,
cannot from that period possess any right to secede
because such secession does not break league,
but destroys the unity of a Nation, and any injury
to that unity is not only breach which would
ult from the contravention of compact but it is
offence against the whole Union. To say that
any State may at pleasure secede from the Union,
is to say that the United States are not Nation ;
| because it would bea solecsm to contend that any
part of Nation might dissolve its connexion with
the other parts, TO their injury or ruin, without
committing any offence. Secession, like any other
revolutionary act, may be morally justified by the
extremity of oppression but to call il Constitu-
tional right, is confounding the meaning of terms,
and can only be done through gross error, or to
deceive those who are willing to assert right
but would pause before they made revolution or
incur the penalties consequent on failure.
| Because the Union was formed by compact, it
is said the parties to that compact may, when they
feel themselves aggrieved, depart from it but it
is precisely because it is q compact that they can
not. compact is an agreement or binding obi
CATION. 1t may by its terms have sanction or
penalty for its breach it may not. If il contains
no sanction it may be broken with no other conse-
quence than moral guilt: if it have sanction,
then the breach incurs the designated or implied
penalty: league between independent nations,
| generally, has sanction other than moral one !;
or if it should contain a penalty, as there is no
common superior, it cannot be enforced A Gov
eminent, on the contrary, always has sanction,
express or implied; and in our case, it is both me-
lcessariy implied and expressly given. An attempt
by force of arms to destroy Government is an Of
fence, by whatever means the constitutional CON-
pact may have been formed and such Government
has the right, by the law of self-defence to pass
acts for Furnishing the offender, unless that Ight
/ is modified, restrained or resumed by the consti
tutonal act. In our system, although il is modi-
fed in the case Of treason, yet authority is express
ly given TO pass all laws ssary TO carry its
powers into effect, and under this grant provision
has been made for furnishing acts which obstruct
the due administration of the laws.
1t would seem supeIluous to add any thing TO
show the nature of that union which connects us ;
but as erroneous opinions on this subject are the
foundation of doctrines the most destructive to our
peace, must give some further Development to
my views on this subject. No one, fellow citizens,
has higher reverence fot the reserved rights of
the States, than the Magistrate who now addresses
you. No one would make greater personal sacr
ices, or official exertions, TO defend them fiom
violation but equal care must be taken 10 prevent
on their part an improper interference with, or
resumption of, the rights they have vested in the
nation. The line has not been so distinctly drawn
as 10 avoid doubt in some cases Of the exercise of
power. Men of the best intentions and soundest
views may differ in their construction of some
pats oil the Constitution but there are others on
which dspassionate reflection can leave no doubt
vi this nature appears to be the assumed right Of
secession Ii rests, as we have seen, on the al
lodged undivided sovereignty of the States, and on
their having formed in this sovereign capacity
compact which is called the Constitution, from
which, because they made it, they have the right
to secede. Both Of these positions are erroneous
and some of the arguments to prove them so have
been anticipated.
The States severay have not retained their en-
tire sovereignty. 1t has been shown that in be-
coming parts of nation, not members of league,
they surrender many of their essential parts Of
sovereignty. The right to make treates-declare
variety taxcs-exercise exclusive judicial and
legislative powers-were all of them functions of
sovereign power. The States, then, for all these
important purposes, were no longer sovereign. The
allegiance of their citizens was transferred in the
tlrst instance TO the Government of the United
States-they became American citizens, and owed
obedience to the Constitution of the United States,
and to laws made in conformity with the powers il
vested in Congress. This last position has not
been, and cannot be denied. How then can that
State be said TO be sovereign and independent