The southern press., 1851-10-22

II. not elause Il 10 bs found whiah givss AMI
authority or color TO the right OF secession OF |
State once admitted into the Union.
The partizans of this novel and strange doe
trine, attempt to support it on two grounds
First, they contend, that by an express amend
ment of the Constitution, rs all powers no
granted to the government of the Uni ed State.
are reserved to the States, or to the people, TIN
power or right of secession is not granted, anc
that it is therefore retained by the States and thu
people, and may be exercised at their pleasure.
This argument is refuted by either of two suf
icent answers. The contested power canno
be retained, il its reservation be incompatible
with the obligations of the constitutional com
pact But the Constitution was intended to bt
perpetual, or which is the same thing, to be o.
unlimited existence subject only, from time Il
time, to such amendments as might be made il
the mode which il specifies. 1t created a more
perfect Union, which was to secure the blessings
of liberty to the generation which formed it, anc
to their posterity The obligation which each
State voluntarily assumed to the other States
by being admitted into the Union, was, that il
would remain perpetually bound to the Other
States to preserve that Union, for their own
benefit and to inure to the benefit of pOsterity
To assert in the face of that obi cation, that q
State may retire from the Union whenever il
peases, is to assert that a party, bound by a
solemn compact to other parties, may cancel OF
violate the compact whenever it thinks proper
without their consent In order to secure re.
spect and submission to the Union, the Consti.
tuition expressly provides " that this Constitu-
ton, and the laws of the United States which
shall be made in pursuance thereof, and all trea
ties made, or which shall be made, under the au.
thority of the United States. shall be the
supreme law of the land; and the judges in
every State shall be bound thereby, anything in
the constitution or laws Of any State to the con-
trary Notwithstanding"
| Thus each and every one of the States has
agreed, not only that its ordinary legislation, but
that its constitution, the higher law made by
the people themselves in convention, shall, in
any cases of conflict, be subordinate to the para
mount authority of the Constitution, laws made
in pursuance thereof and treaties of the United
States If, therefore, any State were, either in
its legislature or in convention of delegates of
the people, to declare, by the most formal act,
that it had seeded from the Union, such act
would be nugatory and an absolute nullity; and
the people of that State would remain bound by
the Constitution, laws, and treaties of the Uni ed
States as fully and perfectly as if the act had
never been proclaimed.
But there is another view also, conclusive
against the pretension of secession being a
| power reserved to the States under the amend
ment of the Constitution referred to. The
reservation of power implies its existence in
| the party reservng it, prior to such reservation.
| But when a State existed in its independent,
separate and unas ociated character, it would
have no right ofsecession, there being no confed-
eracy or other party from which to secede Sc
cessionis incident to union or confederacy, with
out which it can have no existence, and unless it
is clearly provided for in the compact of Union,
out of which II springs, and still more, if it be
utterly rreconcilable with that compact, it can
have no constitutional or legitimate foundation.
| 1t is contended, however, in the second place,
that the right Of secession apperta'ns to the
States, under and In virtue Of their sovereignty.
| This argument scorns any reliance upon the
reservation of powers in the Constitution, cuts
loose from all the obligations in that instrument,
defes the poweT and authority of the general
government, and finds solution Of the authority
for secession in the sovereignty of the States.
What that sovereignty Is. IL does not deign to
define or explain, nor TO show how one If its at
tributes Is to disregard and violate grave CON-
pacts.
The sovereignty Of the States, prior to the
adoption of the present Consultation, was lin
tied and qualified by the articles Of confedera-
ton. They had agreed among themselves TO
create perpetual Union, When, therefore. the
thirteen original States passed from under those
articles, 10 the Constitution, they passed from n
less 10 more perfect Union, and agreed TO fur.
1 ther limitations upon their sovereignty.
Under the present Constitution, among the
limitations and prohibitions upon the sovereign
| ty OF thu States, 1t Is expressly provided that
no State shall enter into any treaty, alliance or
confederation, grant letters Of marlue and re.
| prisal, coin money, emit bills Of credit, make
any thing but gold and silver coin a tender in
payment OF debt !" and " no State shall, without
the consent Of Congress, lay any duty Of ton.
mage, keep troops or ships Of war in time OF
peace, enter into any agreeT ent or compact with
another State, or With foreign pewsr, OF en-.
gage 10 war, unless actually Invaded, or In such
imminent danger as will admit Of no delay" II
may be affirmed, with entire truth that all The
attributes or sovereignty which relate TO peace
and war, commerce, navigation, friendship and
intercourse WITH and in short, all that relate "a
foreign powers, and several Of these attributes
which relate 10 tbs internal administration OF
the States themselves, are voluntarily surren.
dered to the general government, and cannot be
exercised by the States The performance OF
any OF the forbidden acts would be null and
void, no matter in what solemn and authen'i
form, nor by what State authority, the legisa.
ture, a convention, or the people themselves Of
the State, In an aggregate mass, II might be per
formed. The Constitution Of the United States
1 would instantly intervene, yacate the act and
proclaim the oseuuiing, 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 it might
DO, II 1t we're In possession Of all its absolute
sovereignty, and had never entered into this
Union, Is a different question. But il we sup.
pose, contrary to the historical fact, that the
State, were absolutely sovereign, when the exist
ing Constitution was adopted, could they cir.
cumsorLs and contract their attributes Of SOW.
ereignty, by the stipulations aud provisions
which are contained in il : All history is full OF
examples Of the total humiliation of sovereignty
or nationality, oftener by the power Of the sword
and conquest, but sometimes by the voluntary