Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-03-05
Virginia Legislature.
FEDERAL RELATIoNs-(Contimue5

/ SPEEcH OF MIR. BROWN, Of Petersburg, delivered in
Committee IF the UhOe, the state Of the Relations
bet,ceeH the United States and South Carolina, on,
saturday. the 9TH Observation-Disclosures
He had lac said, endeavored to show that the States
were sovereign at the formation of the Union aud that
they were sovereign under it. II that true fol
lowed, as necessary consequences that the Federal
suiution was compact between Independent States
nations and the rights aud obligations which resulted
from II to the parties, were TO he asceaned by the
raj principles OF the law OF nations. That code the
"law OF nature applied to nations, and constitutes
cording 10 Naucl that system of right and Justice which
ought TO prevail between nations sovereign States
No one, who admitted the the States would
deny that the relations suh.sting bew them
be determined by the rules laid down in approved treases
on national law. The Federal compact ori-
nary treaty, league, alliance but intimate
siituiiOnal unGn establishing common government for
certain general purposes between the parties The close
ness OF the couheNon OF the mutual dependence OF the
desnes OF the upon the other, gave obl
cations which did exist in the treaty
speeding transient interests. simple eniional
e",'r"V"g Few Po'nN OF intercourse between
States, might be broken without serious consequences
but he more intimate the tie the dsastrousy would
It's severance aectle PARTIES who for ihat reason were
under the stronger obligations to exercise patience and for
bearance under real supposed wrongso exhaust all
Pdclc means OF redress, and appeal from the compact
only when their happiness imperOusly demanded it, lie
was wiling however, TO consider The Union resting
simply the principles OF treaty of alliance; and when
those principles 10 be examined he elt
would appear that safe durable our Re-
publican edhce could not be found. Much mi-app chem
sion seemed TO prevail 10 the oblg alious
Some had declared that sovereign State right any
me at her own pleasure to Withdraw from alliance
understood the docrue OF Pedcedbe secession iaacy
oil which, III the which might be
SHY exposed lie regretted extremely that the President,
In his Proclamation, had deny, any degree the
absolute sovereignty OF the Sbtes because, admitting
IN ITS utmost latitude, and putting the Federal Compact
the IoOung OF treaty OF alliance, he light still
rived at the legitimate conclusion that's State bad no
10 terminate that alliance whenever she thought proper.
without good and sufficient cause. The intimacy of the
alliance, lac had already remarked not change the
principle, but merely added to the strength OF the obga-
uon to observe scuPulousy aud to abandon 1t only Tor
injuries and violations OF greater magnitude
II was laid down in Vouel, o. H., l64-2OO) that
as TIE engagements OF treaty imposed the hand
perfect Obligation they produced the other per-
Jee TSh Inc breach OF treaty i therefore violation
oil the perfect right OF the party with whom have
Tacted Agan is said 10y the writer, (B. III,
sec 20) THAI en- order to determine what be
considered an injury, we must be acquainted with
uohs TtShtS, properly called that say, her per-
feet rights. Whatever strikes at these rights is AN n
~ aud just OF war" In short was settled
point in the law OF nations, that when compact whether
known by the name OF treaty, alliance league, confede-
s"ltod 20 each party perfect right compel the other
TO perform ITS supuatons. Another rule equally uuques-
uouable was, That the violation a perfect right or i'm
c.hef oi . var " OF. breach ct rs
her, consistently with tese principles, State could
put end TO treaty at pleasure even, without
cause as some had boldly coneIuled i'm the course
OF the debate. When he heard gentlemen asserting
That soveeigns had right to do what they pleaseJ,
was constrained 20 suppose they meant that sovereigus
who had entered inlo treaties enjoyed unlimited free
dom OF action all subjects. They could surely have
intended 10 declare that Veregns bound tu
nl their treaties, or could disregard them at will The
Federal Union OF these States was what was called 10y
writer's on national law, real alliance, (Natel b. ii,
sec lS3-lS6 not limited in ITS duration, but attaching
the body OF tie States, sub>lsung through all tme and
intended, in the language OF the Constitution
the blessings OF liberty ourselves aud pOSiery.
Could the parties dissolve IL without cause IL was true
that Virginia. IN her deed OF ratification, had declared
" that the powers granted under the Constitution being
derived from the people OF the United States may be
suned by them whatsoever the shall be perverted
to their injury oppression" The States OF New York
and Rhode island, their rdiGca0us had reserva-
lions TO the effect aud these had been relied TO
snow uat state hdd right to sccede peaceaby at
pleasure. But IT the contrary admitted these
declarations that the powers granted could be
by the States at viii, without cause, but only when
perverted to their injury oppression"
There were but TWO modes in which compact could
be dissolved Of other words but two cases in which
a State could rghtiuly secede. la the first place. the
compact might be terminated by the mutual consent OF all
the parties, (Vatte b. H., 205 the with
the Articles OF Confederation. la the second place,
where there had been wiliul and n.derlal viola
ton OF the compact by party, the other party had
right either to compel the delinquent party to per-
Iof It's ehSdBemehs-OF, al MS election, TO treat the
compact at end, aud, seeding from the Onion
to into the enjoyment its separate
pendent sovereignty. This right resulted not from the
reservation made IN the ratification OF the Constitution by
Virginia or other State, but from general principle
national law which would have equally conferred tie
right though there had been such reservation. II
lai down in Yate (B. ~. sec. 2OO) that lhe party
who IS offended orinured those particulars which
slitute the basis OF the treaty, is liberty choose the
alternative Of either compelling fu0ess ally TO fulfil
hs engagements, OF declaring the treaty dissolved by
his violation O A. he adoption OF the latter alternative
what he meant 10y secession and those The
y circumstances under which the act rightul,
| cept when the compact terminated by consent.
t evident, he said that lie considered the night
secede, perfect right subsi~tug all lines but
contingent in ITS origin and wholly dependent the
I fact OF wtiul and msleral inracton OF the compact
Whether, the right, amy particular instance did did
exist, depended whether there had had not been
such nlroction. As there abItcr
sOvcfegns each party must Of necessity Judge for itself
whether that contingency which the right to secede de-
peds, had occurred and. Of coure, whether the right
had accrued IL of consequence 90 distinguish
tween the right OF each party tOIudge for ITSELF right
nthe nature of ihng, 10 do to DO particular
A right to Judge for itself meant nothing more than that
the State sovereign. Both parties might, the same
not he, ., the time, right in party seCcdc,
and right ia the other TO prevent IT, Right and JUS
ice could, IN the nature OF things be only one
side, but the parties might differ in opinion, to
where they dwet The difficulty in ascerainng
whether, under any given circumstances, the right OF
cession had accrued; and OF tt each party must Judge,
with other restraint than those high moral obligations,
which upon all sovereign powers 10 do justice 10 their
equals. When state, alleging Wiiu and material
breach of he compact should Determine Go secede, 30
would devoivc the twenty three co~fcs tOdccde for
themselves whether cy had through their agent, the
General Government, violated the compact 10 such
tent Justify tine withdrawal Of the complaining state.
n they should believe they had not cOmm fed such wul
and material iuracon they would consider thcmsely es
entitled compel adhesion or 20 exact uicmnIcsa
right which they might either enforce waive AZ their
discretion.
Even IL the twenty three States should admit lhat they
had violated the compact there other circumstance.
necessary make the right OF secession perfect and obi