Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-02-28
Reele, 81 pO..I.i 81 non, qaoeunque modo. ronr,

lhE klEHI OF a STATE TO SECEDE.
"ouo mihi iortunas, 81 non eoncedituruii9"
Rcete, 81 possis; 81 non, quocunquo modo, rcn,i
Having in my last Number exanin ed the right of
Stale peaceahiy TO secede from the Union. and being of
opinion that no such right had been reserved as a con-
su'ulioldl remedy, ! will offer very briefly, in the present
number, my views upon the character oil, our Govern.
me"t' and the means by which a State may arrest Tho
progress OF usurpation, whenever Congress shall pet,i,,
in wiliul aud material violations of the Constitution.
Before proceeding TO these inquiries, | beg leave to cor
rect some misrepresentation which exist in regard'to tho
sentence IN my last number, upon which several stric-
lures were m@ie by the Editors OF the Enquirer. and de-
ny the conclusions enormously deduced. Ii was not my
intention to admit the right OF a State peaceably to SCI ede.
though the Government was Federal in its ioundation-at
the same time denying, that from a literal construction
OF the words Of the Constitution its Federal origin could
be deduced. To refute this /" Outrageous error (per-
haPs the doctrine which originated with p. Henry. and
sanctioned by the greatest constitutional lawyer Of the
day, might have mefited a milder phraseD the Editors, in
addition TO some very pertinent remarks from their own
pen, have appended a lengthy extract from an essay OF
Judge Roane, maintaining their posilon-not once advert
ing TO the fact, that in a literal construction. there Gao
be a resort To no other source, than the plain and ordinary
meaning of the words of the Constitution. for an internrs-
taIion OF the terms used. II we were looking fos the rea-
son aud spirit OF the law, we might resort To the history of
its Iormation-If it were doubtful and unceit tain what
should he the meaning OF the words, we might resort n
The context oil the Constitution, or The cotemporaneous de-
bates, as they who lived at those times must be presumed
to be best acquainted with its objects-Ir the words bore .
very ABSURD slgnlhcation when literally understood. We
must deviate a little from the received sense of them. and
o 10 ue eHects aud consequences OF adopting 4 strict
construction. But here there is 40 absurd sieniGcation
no Ambiguity as To the meaning no necessity for resort.
ing TO the reason and spirit OF the words, or the cause
winch moved the trainers OF the Constitution To ins.r,
them. he phrase is sufficiently clear and needs no Eonoed
interpretation. IL plainly says, a. We the peopIs eE Tho
United States, do ordaim and establish this Consti,utonJS
ana TO comstrue 1t literally, it cannot mean {" We The
States From the established maxim, 90 expres,io. amin,
est eNc'ns'o "i'erius, The declaration that il was ordained
ahd ratified by the people ct the United States, excludes
the idea that'it was established by the States. Ii il. trde
Inst the preamble is no portion OF the Constitution, Tor the
purpose OF giving any power 10 Congress; but a declaration
oy II oil me parties TO The compact, is conclusive OF thai. fact
-ihasmuch, rs the preamble OF an act passed by the Legis-
azure and rociIing, =" that whereas the General Assembly
u VIRGINIA &c. would negative the presumption, that
such act was passed by a convention of the people. Buff
am incorrect in this opinion, | refer you 10 the source
rom whence 1t emanated, yelling the point with this
sole observation, "fdeS SIT penes Guefoysm." and pr,y-
ing TO be hence dismissed from sustaining my predsces.
to answer for.
In the previous essay, 1 attempted to prove that no State
could Pedceabiy secede; and that such a remedy was not
recognized at The time of The formation Of the Constitu-
ton, ds q reserved right OF The States. As there was some
misunderstanding in regard TO this, | will give my views
upon Tie character OF our Union, since there is but Iitle
d'nlculiy ~ "sceriaining It's true character. Commencing
with the Legislative Department, VIC perceive that Tie
representatives. are elected by the great body Of tho
people III their national character, in which the Govern
ment is clearly national. To counterbalanco this tho
Senators represent the States, each Of which is entitled
10 two, wherein the Government is FedeGaI.Ia
In the Executive Department, we see The President
chosen in the first place by the Electors, Of which
each State has an equal number with her Repre.en.
lauyes and Senators in Congress requiring a MAORI.
~ OF the Electors 10 constitute an Election. But, il no
Ferson voted Tor, obtains q majority Of the electoral votes.
lnch the chOlcc Is 10 bc made by the House of Re-
pre'entaiives, the delegation from each State being IN.
itlcd TO one vote. Ia the former OF these relations The
government Is chiefly national, in the latter strictly federal.
lhe Judiciary again presents a combination OF NATIONAL
and federal traits the nomination of the Judges being
made by the President and confirmed by the Senate m
WIN regard TO the operation'of the laws, il is a distinc-
i've Characteristic OF our present government, that thev
reach the individuals OF the society operating upon uef-
SOUS directly and not through the medium of State Govern
ments--recognisins the people only as forming one vreat
nation, not as component parts Of twenty four sepsrato
STATES. Hence, 10 His respectitis national. (b) Nor does
the enumeration OF certain powers, and the restriction IN
certain purposes, render this feature federal, for there h
no national government which is not omc hat restrained
by COnstituiioi-as for example, all Of the State Govern
mehis where their Constitutions restr9in them i'm manv
respects, yet they are undeni5bly national.
J. ne next relation TO be examined is the authority bv
Which amendments are TO he made and we find liza, =
requires three iourths OF the States TO amend The Con.,t.
tuition. Had II required the concurrence Of all. il would
nave been tederdl-or II a majority Of the people rouId Al.
ter II, tbs would have made it national. Then. in Ills re-
Ia'ion u Is party composed Of each, principally Of the Ee-
The last relation TO be examined, is the foundation If
The government, which, when we resort TO the Lisiorv Of
we ulnes, AMI The order Of the Convention al philsgeE
phia, Is undenidbly Federal. The Convention ordered
mat me Constitution should be submitted 10 a Conyen-
non OF Delegates, chosen IN each State by the people
thereof, under Inc recommendation Of is Legislature. Tor
their assent and notifications" each State fsGfvino the
same by her voluntary act, in her sovereign and separate
character, forming IL a Constitution among sovereign
states. 10 this view then il is Federal; and upon a view
OF 'e whole government, we may pfonounce II 10 be a
combination Of the national and Federal form.(e)
Keeping clearly in view the character Of our govern
nent, and particularly the manner Of its establishment
VIC viii now proceed 10 lay down some general. mazimI
admitted BY al parties, and deduce our conclusions. The
powers OF the General Government are derived and result
solely from The Constitution ofthe U. Sis,es,aDd are restrict