Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-03-05

system. cit must be not Of light and tsansient
nature but OF nature dangerous the GREAT purposes
Tor which the con.iuion established 1t must be ~
case moreover not obscure doubtful constructions
but plain and pGpGbie Lastly it must be case not re-,
sulhhg from partial consideration, hasy determinations
bn' case .amptwih final consideration deliberate
adherence
Again:-Belorc a State could without iniurv n the
Other States secede from the Union alleged infrac-
ton OF the Constitution she have previously re.
sorted to al the means Afforded by the onsution for y
es VI we g'p-V""c's' shc must have sought reliet,
Tor reasonable time, through the medium of public OPT
mon and popular elections acting repres- NATIVE
boy WIN view to the repeal of the obnoxious laws la
cases which might he brought within the jurisdiction of
the supreme Court that tribunal which was intended as
an adulohal safeguard OF the rights of the citizen against
unconstitutional measures, ought FIRST tn he appealed to.
Although was true that the Supreme Court no, am
'rmer between tie States in questions affecting their
rights under the compact vet in such cases as might b.
brought within its jurisdiction. il had ample power
lord projection TO any citizen, and of course all the rit-
Gems of State which much as could he desired
As Am amendment or alteration the Constitutions in the
mode provided in that instrument, offered another means
OF redress, should in like manner he bad or 40
least attempted TO that method ot correction. Until these
channels en- closed moi be said Thai It
NE Departments OF the Government had IN
alleged usurpaton, that withdrawal from the Union
the only remedy le,: and hence the duty o state
10 make these reasonable efforts before proceeding
renes, amounted IN general, perfect obligation.
\ State could not, he said, srcele without injury to
me co-Sa'es until She had first proposed equitable
ot separation, in regard The public properly within her
limits and without going into details, he would merely saw
by way OF illustration, that Stale would be bound
lmourse me On'ed States for expenditures orttca
ohs and other public works allowance being made
he com
mon nhd Ia The case OF Louisiana, which purchas
ed at the price OF fifteen millions of dollars the pur-
pose OF being erected into member OF the Union it
ouN DC ou JUST that ms sum should he refunded TO the
u Sizes. similar conditions might properly be imposed
ON States within whose limits, portion OF the public
lands situated.
Under circumstances would State be entitled 10 se
cee until she had by fresh negotiations treaty. set
Tied on satisfactory basis offered do So the future
relations to suhss between her and the States In
determining be character OF these rela IONS field would
De opened Tor The exercise OF another class OF rights
the part OF the remaining States OF the Union, the gene
raj teuOrof which would be explained by passage from
Vate (B H. sec. IsO)'Ifa weak State attempts with
out necessity, to erect fortress which incapable
oil defending, IN place whore il might become very
dangerous TO her neighbour IL il should fall the
hands OF powerful enemy that neghbor may oppose the
construction oI me orireSs" In The same manner he
may oppose heorming Of highway that opens enc
my an entrance into his State" 1t upon this princi-
sPe mat me y States, during the administration of Nj.
Monroe, asserted right TO interfere in the fate OF Cuba3
and upon the ground OF sclpeserv secur-
~ they might, IN anticipation of ACKNOWLEDGMENT OF the
Union exact from Louisiana" for instance, such conditions
although unequal might be necessary TO prevent this
strong hold from falling into the hands of foreign power
,5,, irI,v .,,.., 5.s,,i ,tr ,ic,T
right 10 secede. He admitted, there had been p
perN ersion OF the spirit and intent OF the Constitution bus
was not "siamp with final consideration and debe-
rate adherence, which admitted to be necessary by
the Report OF 95 On the contrary there never was ~
penol, at which the abandonment the obnoxious mea
sure had seemed 30 probable as new She had
sorted 10 all the OF redress which open 10 her
by the forms of the constitution; had she proposed
any terms or entered INTO any negotiations 10 the future
intercourse between her and the co-States ia the event
o her seeding. She had shown
states, and less concia,ory spirit, did North Ca
rona under the confederation when her Convention hav
ing decided not to rafy at ha time the Federal Consrtu
ton, adopted resoluiol' That il he ended 10
the Legislature OF this State, that whenever Congress
shall pass law for collecting impos in the States ra-
tying the constitution this State enact law for collecting
similar npost good imported in o this Stale and ap-
proPrate the money arising therelio use OF Con-
aress. South Carolina on the contrary had moi oIv te
fused to pay any part Of the mpost laid by the Congress
but had made provision lay g any upost herself in
aid OF the General Government and InI IL, rfrct IcII
her NOR lu Nltl
could not under existing circumstances, withdraw from
the Union, without doing injustice 10 the other States
(mauy OF whom had not concuned in tho iniracton)
which they might demand reparaion, he was ncverthe-
less, advocate OF force lie was conyiRced that the
Union could never be preserved by the compulsou
members. When State had resolved on secession,
without cause, whilst the right might be denied there
was but hte advantage III endeavorug, by force, pre-
vent the act Indemnity and reputation might be
ed-hut no human power could The broken altars
aud heal the bleeding members of the Uuion. Should a
State attempt TO ecede without sufficient the alter
native would be presented the Other States either TO
cop'pel adhesion, which could only done according
TO the rules Of war, 10 that right permit the
State secede peaceabIy. The later alternative he
would always choose unless objectionable obliguity
in tie OF the State should render orbearanco i'm,
possible.
But whilst ho opposed, from considerations both OF
policy and feeling under almost all conceivable circum-
stances TO the employment OF force against State he
would not deny the right Of the co-Saes, under pfopcF
circumstances 20 use cOefcOn did no even oompre-
bend the meaning OF Peoceabe right OF secession. n
meant rgh TO dissolve me compact at VIII and pleasure
u clearly incompatible with the principles he had laid
down II IL meant that there cases in which the
party should allow the other pcaceably seeede IL
usappcaiiOn OF terms, in which feature OF
policy made the Characteristic OF right Secession
an 1t might might not be founded In right
II might be attended with peace attended with force
aud therefore called peaceable forcibe act but not
peacedle orcibe right Some had contended that te
act might be peaceable, though should follow Bar
te knew particular lornality which constituted
cessiOn, he looked upon 1t continued act eon,-
plote until all opposing difficulties had been removed
CA the other hand, he did not put the
ing OF rebellion resolution. The latter he understood
to be resistance by fractional part OF Integral conse-
llled body polite, against the established authorities,
which punishable according TO the municipal laws re-
speeding The former the act, whether right
have existed during the continuance OF The compact. was
ed as q sovereign and be punished il punished Al ALL
according TO he ueaaes war under the law OF nations
II was aacy to say, hstif State had right 10 secedo
M an she had rghf 20 secede even without cause for
he had shown tliat there be good ana sufficient
cause before tbe Tjght accrued; but IL true, as
necessary consequence Of the sovereignty Of the States
that when State had resolved 10 secedc, with.
out cause she Was entitled 10 be treated by the
St5tcs ercign power subject 10 but not
the paus and penalties 0 treason In e Of revolu-
non, established authorities must decide whether the
complaint Of tie rebels was just and whether
sons should be made, whether The instruction should
be- suppressed. 10 c OF secession, tie like Judy
ent must be- pissed by he party, in reference the
other party abrog1ng he compact otherwise Than by
ltu,l consent The circumstances which would Justify
hc one would justify lc othcr being in case,
pcrvcr-0n of c powers vested in the government