The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-10-20

or compact with another State, or with a foreign
power, engage in war, unless actually invade d,
or in such imminent danger will admit Of no de
lay" 1t may be affirmed, with entire truth, that
all the attributes of sovereignty which relate to
peace and war, commerce, navigation, friendship
and intercourse with and, In short, all that relate
to foreign powers and several OF these attributes
which relate to the internal administration Of the
States themselves, voluntarily surrendered TO
tho General Government, and cannot be exercised
by the States The performance OF any OF the for
hidden acts would be null and void, no matter in
what solemn and authentic form, nor by what
State aulhority-the Legislature, a convention, or
the people themselves of the State, in aggregate
mass-it might be performed. The Constitution of
tue United States would instantly intervene, yacate
the act, and proclaim the overriding, supreme,
and paramount authority of the Constitution, laws,
and treaties of the United States.
II is clear, therefore that no State can do any
thing repugnant TO the Constitution, laws and
treaties OF the United States. What il might do,
If 1t were in possession OF all its absolute sove-
reignty, and had never entered into this Union is n
different question. But II VIC suppose, contrary to
the historical fact that the States were absolutely
sovereign when the existing Consti tuition was
adopted could they circumscribe and contract
their attributes OF sovereignty, by the stipuations
and provisions which are contained in it? All his
tory lie full OF examples OF the total humiliation of
sovereignty nationality, oitcner by the power Of
the sword and conquest, but sometimes by the vol
untary act OF one nation merging itself into
other of which have striking instance in the
case of Texas in our own country. Assuming
tn at the Constitution is mere compact between
independent nations or sovereign States, they
nevertheless bound by all the obligations
which the compact creates. They are bound to
abstain from all forbidden acts and to submit to
the supremacy Of the Constitution and laws of the
United States. But, IL will be asked, have tkcy
not also the right TO Judge of the fidelity with With
the common government has adhered to the com
mon compact Yes, most certainly. They have
that right, and so has every citizen of the United
States, so has the General Government also. The
alleged violation of the Constitution may be ex-
posed and denounced by all the weapons OF reason,
of argument, and of ridicule--by remonstrance,
protest. appeals to the judiciary, and to the other
States-by the press, public opinion, and all egih-
mate means OF persuadng or influencing il. If,
after the employment Of all or any of these peace
full methods, the Government of the United States,
sustained by constitutional majority of the ma
ton, persist in retaining the obnoxious law, there
Is no alternative but obedience to the law on the
part Of the minority, or open, undisgused manly,
and forciblc resistance to its execution.
The alleged right of secession is, apprehend.
sometimes confounded with right of revolution
But its partisans mean a totally different thing.
They contend that it is peaceful, lawful, and, if
not constitutional remedy, that it is not forbid
den by the Constitution. They insist that 1t ID n
State right to be recognised and reepected; and
that whenever exercised by State, far from be-
ing censured or condemned, the State. if necessa-
ry, is entitled to the cooperation of other States.
The prudent valor of these partisans, in imitation
of the previous example OF the friends oil nuilihca
ton, disclaim the purpose of using themselves, and
protest against the application to them OF any ply
steal force.
The right of revolution is that right which an I'M
justly oppressed people, threatened with or borne
down by intolerable and insupportable tyranny
and injustice, have of resorting to forcbe resist
anoe TO prevent or redress the wrongs with which
they are menaced, or under which they are suffer
ing. 1t may aim simply at removal of griev-
ances, or it may seek totally to change the existing
government, or to establish within its limits new
government. II is right not confined by the boun
dares of States, (although being organized pohti-
cal bodies, they may be capable of giving greater
effect to revolutionary Efforts but it belongs TO OPP
pressed man, whatever may be his condition. In
all revolutions, however, there two parties
those who revolt, and the government which they
torcibly resist. There generally two opposite
opinions, also, entertained of the cause OF resist
ance; that of those who rise in rebellion, believing
themselves to be wronged, and that of the existing
government, which denies having inflicted any OPP
preston injustice. II is incumbent upon wise
and considerable men, before they hastily engage
in a revolution, deliberately to consider the motives
and causes of revolt and carefully to calculate the
probable consequences of forcible resistance. If
unsuccessful, they know they will be guilty of trca
son, and incur the penalty inflicted upon traitors.
have thus, gentlemen, presented an imperfect
sketch of some OF the views which have taken of
the existing topics of the day. 1t would admit of
much enlargement and additional illustration but
have already given to this paper inordinate
length. In contemplating that sketch, we behold
much more to animate the hopes and to encourage
the patriotism of the country than to create regret
and apprehension. After such political storm
that which violently ragged during the last Con-
gress, it was not to be expected that the nation
would instantly settle down in perfect quiet and
repose. Considering the vast extent of our terri
tory our numerous population, the heated conflicts
Of passion of opinion of interests, and of sections
pervadng the entire Union, have great reason
to be thankful to Providence for the degree of
camness, OF tranquility and of satisfaction which
prevails. If there are local exceptions at the
North and at the South, of rash and misguided
men, who would madly resist the Constitution
and laws of the United States let US not despair
of their return, in reasonable time to reason
and to duty. But suppose should be disap-
pointed, and that the standard should be raised
of open resistance to the Union, the Constitu-
ton, and the flaws, what is to be done? There
can be but one possible answer The power,
the authority, and dignity of the Government
ought to be maintained, and resistance put down
at every hazard. Government, in the fallen and
depraved state of man, would lose all respect, and
fall into disgrace and contempt, if it did not pos
sess potentially, and would not, In extreme cases,
practically exercise the right of employing force
The theory of the Constitution of the United States
assumes the necessity the existence and the appli
cation of force, both in our foreign and domestic
latlons. Congress is expressly authorized 'to raise
and support armies,' ''to provide and maintain a
navy" and "provido for calling forth the militia,
to execute the laws of the Union, suppress fnsrec-
lions, and repel nvasons'' The duty Of execut-
ing the laws and suppressing instructions is with
out limitation or qualifications; it is co-extensive
with the Jurisdiction of the United States, and it
cution of the laws, and every form of nsurrection,
no matter under what auspices sanction it Ia
made individuals, public meetings, States, may
resolve as often as their tastes passions may
prompt them to resolve that they will iorcbly OPP
pose the execution of the laws and secede from the
Union. Whilst these resolutions remain paper,
they are harmless; but the moment daring hand
Is raised to resist, by force, the execution of the
laws, the duty of enforcing them arises, and if the
conflict which may ensue should lead to civil war,
the resisting party, having begun it, will be re-
sponeible for all its consequences.
Since the adoption of our present Constitution,
and the Union which it created, by the blessing Of
Providence, we have advanced in population, pow
er, wealth. internal improvement, and national
greatness, with degree Of rapidity which, unpar-
aileled In ancient modern nations, has excited
the astonishment and commanded the admiration
OF mankind Our ample limits and extensive ju-
Reelection, more than trpled, have been made to
embrace all the provinces of Louisiana, the two
Flordas, Texas, and New Mexico; and, passing
the Rocky mountains, have reached the Pacific
ocean, cornprehending Oregon, and California, and
Utah. Our population has risen from four to TWEEN
ty-three millions; revenue. without any oner-
ot1ab has Ia, ;