Southern planter., 1832-11-17

ecf of ihe fts order united Hih nc most spoiess
integrity 10 believe. fora m0mcni, that an attempt,
50 plainlyand muniiesily duconaituiioual, as re-
sort 10 force would be- IN such contest, could be
sustained by ihe sanction Of lis authority. In
whatever form force may be used, IT must present
questions for legal adjudication Ifin the shape Of
blockade, The vessels seized Under il must be con
dtmned, and thus would be presented the question
ofprze OF no prize, and, with IL. the legality Of The
blockade; If IN that ofa repeal ofihe Acts establish
ing ports Of entries 10 the State. the legality ofihe
seizure must be deiera.,ia.ea, a6a Dat word bring
up the question ofthe consiiiuionaliiy Of giving
preference 10 the ports Of one State over those Of
another; and so if we pass from wafer TO land, we
will ind every attempt, there, 10 substitute force
for law, must ia ike mahner Come under the review
Of the courts Of the Union; and, the unconstitu-
tionaliiy would be so Qarng, that the Legislative
and Executive Departments, IN their attempt TO CO.
cree, should either make an attempt so lawless aud
desperate, would be without The support Of the Ju-
dicial deparmen, ! will not pursue the question
fariher as holdi, perfectly clear, ihat, 30 long as
State retains its Federal relations, so long, in
word, asst coninuesu member ofihe Uniop, thecoh-
lest between and the General Government must be
before the courts and lures; and every attempt, in
whatever form, whether by land or water, TO sub
stuie force as the arbier in their place, must fail
/ ht tNiI'HolluNpNutiAl W b1 "NNNllt Wuhiu W 30
open and palpabIo, that it would be impossible
10 sustain il.
There is, indeed, one view and only one, Of the
contest, in which force could be employed; but that
view, as between the parties, would supersede the
Constitution ITSELF 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 il is
equally cleaT, that il would place The State beyond
the pale Of all her Federal relations, and thereby,
all control, on the part Of the other States, over
her She would stand, TO them, simply IN the rela-
'ion ofe foreign State, divesed Of all Federal con
neciion, and having none other between them bul
those belonging to the Laws Of Nations Standing
thus towards one another, force might indeed, be en-
poyed against State, but il must be belgereni
force. preceded by declaration ofwah and carried
on with all its forma,ies. Such would be the certain
effect of secession; a. qualification be secessionil
u be bur adilerentnafne iorhe samethng such, too
must be iis effect; which presents the hiphIy impor-
9ni question, Arethey, in fact the same on the doc.
sion Of which, depends the question whether il be a
peuceale and constitutional remedy, that may be
exercised without terminating the Federal relations
Of the State or not
am aware that there is a considerable and re.
spectacle portion Of our State, with very large por.
tion Of the Union, constituting, in fact great ma.
Joriy, who are ofihe opinion That they are the same
hing, differing only 10 name. and who, Under that
impression, donouhce itas the most dangerous of
all dectrines; aud yet, 80 far from being the same.
they are unless indeed, am greatly deceived. moi
only perfectly dist.nRushable, bur totally dissmar
in their nature, their object and effect; and that so
far from deserving the denunciaion so properly be
longing TO the act with which tits coniounded il is in
irnh, The highest and most precious Of all the rights
oi the States, and essential TO preserve that very u
mon tor the supposed effect Of destroying which il
is so bitterly anathemaiized
shall now proceed TO make good my assertion
other total dissimilariy.
First: they are wholly dissimilar in their nature
One has reference 10 the parties themselves. and
the other 10 their agents Secession is a withdraw
Al from the Union, seperation from partners, and
as tar as depends on the member Withdrawing.
dissolution Of The partnership II presupposes an
assocation,--an union Of several States, or ndi-
vIduals, fora common object Wherever theseex-
49, secession may; and, where they do not, il
cannot. Nnllihcatlon, on the contrary, prosup-
posesthe relation Of principal and agent--the one
Rnniing power to be executed, the other apnont-
cd. by him, with authority to execute il; and is
slmply declaniion. on the part Of tho principal.
made in due form, that an net Of the agent. trans.
cendng his power is null and void. Il is right
belonging exclusively 10 the relation between prin
Viph anu nRenl 20 pc found wherever u exists and
IN al its forms. between several or IN association
ofprincpals and their Joint agents. as we'll as be-
tween single principal and his agent.
The difference in their object, is no less striking
than in their nature
The ohiect OF Secession. is to free ihe Withdraw
ing member from the obligation Of the association.
or union. md is applicable 10 cases where the in
'enion of the associaton or union, has failed. e.
iherhy an abuse power on the part of IFS mem
bers, or other causes sdifeci and immediate OH
leci as i concerns the withdrawing member. IL The
dissolution Of the association, or union. On tho
contrary. the object Notification is TO cnn6oe The
agent within the mlts of his powers, by arres,ino
bis acts transcendnR them; not with the view Of
DESTROYING The delegated or trust power. but 10 pre-
serve T. by compelling The agent to fulfil the obiec,
tor which the agency or trust, was created. and is
applicable only to cases where the trust or deleoa-
,ed powers are transcended the part ofthe agent
Without the power ofsecession, an association ar
union, formed for the common good Of all the mem
oers might prove ruinous 10 some, bv the abuse If
power on the part off the others; and without Null.
hca'ion, theagen' might, under color Of CONSTRUCTION
assume power neverintended to tobadoIeeaied. or ~
convert those degated o5ecisneve intended 10 he
comprehended in the trust 10 the ruin of,heprinci.
pail OF, IN case ofa joint agency, 10 the ruin osorne
ofthe principals Each has, thus, its nppronr;a,e Oh
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