Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-02-28

sion genes aud not sanctioned by the acknowledged
equality Of the States. We then justified in the posi-
ton, that any State may declare that the compact has
been violated and withdraw from tho Unon but that the
remaining States have equal right OF judging whether
they have violated the Constitutions aud compelling the
seeding State TO remain in the Union If they judge that
no breach has been committed This is maintained to be
the true doctrine by Mr. Jefferson who declares, that alb
soute acquiescence ia the will OF the majority tho vital
principle oil Republic from which there is no appeal ex
ccpt TO Jorce."(6)
Til, question has been before the public, and the
arguments made OF at that time will serve my present
purpose: il the adoption OF the constitution
from the clause declaring the qualification OF the
lions OF nine States shall be sufficient Tor the establishment
OF this constitution between the States atyug the
The question occurred, what principle the confedera-
ton, which stands in solemn form OF compact among
The States, be superseded without the unanimous
seut OF the parties 10 III The confederation had been So
iemny ratified by the several States and their faith pedg
ed Tor their nvioable observance of it, and its perpetual
duration They could not free themselves from its obiga
tons without foreing their political integrity and volat
ing the Law OF nations unless there were some jusliable
grounds Tor sperscing that compact They did argue
that they had reserved the right pcaceaby secede, but
they REQUIRED to The absolute necessity Of the case; the
great principle OF sell presentations the transcendan
law Of nature and of natures God hc declares that the
safety and happiness OF society, the objects which
all political Institutions aim and TO which all such nsu
tons must be sacrificed They also argued that il
compact between independent Soveregns founded part
W on legislative sanction and partly the notifications by
conventions, and SUCH could pretend higher vail
iy than leagues and treaiesthat it established
doctrine the subject of such compact that the articles
arc mutually conditions oeach other that breach of
article Is breach OF the whole and that breach by
party absolvcs the Others and authorizes them if they
please, to pronounce the compact violated and void ~
These were the fundamental truths which they APP
pealed as justification for dispensing with the consent OF
particular States to dissolution of the Federal compact
They did not regardit peaceabc constitutional
medy, but claimed the right secede from the con-
ederacy-concedng TO the remaining members the right
TO make war upon them, il they Judged polite and nr-
dent Tor dissolvng the compact They knew il to be
extraconsutuiional remedy, flowing from the natural
rights OF uan 10 resist oppression alter abolish his
constitution and seek his happiness and safety in some
other form of government When individuals enter into
society for reciprocal safety, benefit and protection of
equal rights and their union has been perverted their
oppression and injury by Interested majority, they
appeal 10 these natural rights and dissolve their
But in individuals this would be revolution, and they
would be subject to the pains aud penalties of treason
And when sovereign and independent States have reu
qushed portion OF their sovereignty and united pol
cal to establish justice their liberty and promote
the general welfare by equal laws and equal burhens
the mode prescribed by their Constitutions; when that
pact has been hagantly and wiltuy volated-when an
interested majority have oppressed them by unequal laws
and the imposition OF unequal burthcns-the ends of
their political institution have been rustrated the means
adopted TO their liberty aud prevent oppression
have failed 10 promote those purposes; and therefore, as
parties 10 the compact the injured State resumes her
sovereignty by declaring the Constitution violated and its
provisions, 10 her, longer obligatory liza majority of
me states violate the CONSTITUTIONS the minority may dis
solve the Union for this breach the compact which is
Unsuitable cause OF war and reciprocaly any mino.
y, Tor pretended causes should secede the majority have
against theIn Jusllhable OF coerce them
| to performance OF engagements. But this violation
/ oil me constitution by the majority usurping pow =
crs, the minority dissoving the Union ,fIrnisbe.
the injured party only with iustfable cause of war
leaving discretionary whether the right be exercised or
not 1t iows from the nature of federal republic and
from the acknowledged equality in the sovereignty of the
parties that the seeding State has equally right de-
caHng war against the majority the majority against
the seeding member Of the Union. Therefore State
IN seeding, renders its citizens more liable TO the mains
ana penalties OF treason than the majority of the States in
usurplng powers and violating the Constitution through
The means OF their agents Congress violation of The
CONSTITUTION sanctioned by the
OF their political faith whether il be committed bv their
representatives, IN State Convention, State Legs-
Iature or by their representatives in Congress And he
ther 1t be done in the place the other It's merely
cause or war, and not crime punishable treason
Since the appeal TO these natural rights must i'm almost
every instance be productive Of civil with all of its
concomant horrors, cannot expect an interested
Majority possessing equally the right Judge ofts viola
Mons OF me compact TO concede the point, 81 oouId
DC resored TO- except after continued expressions when
the safety OF the State imPeously demanded it, But our
reserved rights must be defended from aggressons by
some means they deny to us the remedy of uIliica
ton, and will not admit the right of State peaceabIy TO
secede we and will appeal our natural rights And
we nave seen that these rights consist primarily i'm the
protection OF the reserved rights the States equal adj
hns'ralon oil justice, security Of liberty equality i'm
ourhens IN supporting government all OF which arc Sc
cured 10 us by Constitution So long as these main
invloae the Stale and its Cze are perfectly free: for
every species OF compulsive tyranny oppression
ACT In opposition to one the other of these rights
having no other object upon which can possibly be etn-
poyed 10 preserve these from violation necessary
hat the Constitution he supported in its full vipor and M
limits carefully guarded. And lastly, to yndcse these
rights when actually violated attacked the State and
IT'S citizens entitled in the first place 10 the regular
administration and Tree OF justice the courts Of
law; next to the right OF pcOnug for redress of priev
ances demonstrating against the violation of their ri hts
ana The call Of a General Convention; and lastly when
these means have failed the right of dissolvng oar con
hecon with the other States and of using arms if we
please Tor sustaining rights for self preservation
ana defence olong the Union shall preserve those
rights and liberties which il is bright TO enjoy en-
| tire, | say, Este Perpetual" HAMPDEN
/ Halifax, Febry 81, 1888
n b perceive from gancing over the pages of the
wing that two numbers have appeared in that paper un
ner my signature Suun cuique iribuito!" wish il 10
he distinctly understood that hereby dsclam the author
ship OF those articles His arguments against the ProcIa-
nation arc Ike Se'men escaping from wreck rdri nan.
ties in guTgite rGsto" H.
! (S( Mr. Madison 10 the Foloral', p l64, cd. 1891.
/ 1891. " ' ''u'''"' 'uihs"
/ (eJ Vattcs Law Of Nations, q. So
/ n Vattel, p. 60
! (g) MadsOn's Report.
I M Grotius-- Vattel 3lg.
/ ~ Vattel, b. 2i cl,. XIII.
~ GIot9s do uro bei ct pac H. D. ch IT, contends
article equivalent thereto, HndJhas
nounce tho whole compact SO will perceive Wous and
not the Statesmen of South Carolina praise for die
. 800 ~ -
~ See Mr. 1eferson's Inaugural Address to Congress, 1901
} ~ Sec Nj. Madison's Argument, Fedefalst 49,
! no TIE EDITORS or THE RICHMOND ENQUIRER.
find in the detail given in your paper Of the proceed.
ings Of the House OF Delegates on FRIDAY the IA ins,
/ 10 10 he cic nj , 60 a.