Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1832-12-20
WHOLE NO. 142.

tween the Otdtes, OF III any OtneI mdnHoT,
its character is the same. II is Gov
erument in which all the people are re-
presented, which operates directly on the
people individually, not upon fhe States
they retained all the power they did
not grant But each state having ex-
pr~ssiy parted with so many powers as IN
constitute jointly wah the other states a
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 result from the contraven-
tion of compact, bnf it is an offence n
gainst the whole Union. TO say that
any state may at pleasure secede from
the union, is to say that the United States
are not a Nation; because it would be
solecism TO contend that any part Of
n alton might dissolve its connexion with
the other parts, TO their injury or ruin,
without committing any offence. Seces-
sion, like any other revolutionary act,
may be morally justified by the extremi-
ty of oppression; but TO call it Consti-
tutional right, is coniounding the mean
ing of terms, s. can only be done through
gross error, or TO deceive those who arc
willing to-asser right, but would pause
before they made a revolution or incur
the penalties consequent on failure.
Because tie Union was formed by
compact, 1t is said the parties TO that COM
pact may, when they feel themselves ag-
grcvcd, depart from ii; but it is pre-
1 = tbat
cannot. A compact is an agreement or
binding obligation. 1t may by its terms
have a sanction or penalty for its breach,
or it may not. If it contain no sanction,
it may be broken with no other conss-
quence than moral guilt: if il have a
sanction, then the breach incurs the de-
signated or implied penalty. A league
between Independent nations, generally,
has no sanction other than moral one !;
or if it should contain penalty, as there
! is no common superior, it cannot be en-
| forced. A Government, on the contra
ry, always has a sanction, express or i'm
! Piled; and, in our case, it is both ncces-
sarily implied and expressly given. An
attempt by force of arms to destroy q
4 Government, is an offence, by whatever
means the constitutional compact may
have been formed; and such Govern
ment has the right, by the law of self
defence, to pass acts for Furnishing tho
offender, unless that right is modified,
restrained, or resumed, by the constitu-
tional act In our system, although il is
modified in the case Of treason, yet au-
thority is expressly given to pass all laws
necessary 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.
II 1t would seem superhuOus to add any
thing to show the nature Of that union
which connects us; but as erroneous
opinions on this subject are the founda-
ton of doctrines the most destructive to
our peace, must give some further de-
j velopcment to my views on this subject.
No one, fellow-citizens, has a higher
reverence for the reserved rights Of the
States, than the magistrate who now adj
dresses you. No one would make great-
er personal sacrifices or official exer-
! tiuns, to defend them from violation; but
! equal care must he taken to 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 doubts
in some cases Of the exercise Of power.
! Men Of the best intentions and soundcst
! views may differ in their construction Of
some parts Of the Constitution; but there
are others on which dispassionate refec-
! ton can leave no doubt. or this nature
J appear, to be the assumed right Of seces-
sion. 1t rests, as we have seen, on tho
alledged undivided sovereignty of tho
States, and on their having formed in
this sovereign capacity a 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 severally have not retain
ed their entire sovereignty. II has been
shown that in becoming parts OF nation,
not members Of league, they surren-
dcred many Of their essential parts OF
sovereignty. The right to make trea-
ties-declaio war-levy taxes-exorcise
exclusive judicial and Legislative powers
--werc all of them functions of sover-
eign power. The States, then, for all
these important purposes, were no lon
ger sovereign. The allegiance Of their
citizens was transferred in the first in
stance 10 the Government Of the United
Statcs-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