The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, 1851-10-15
Two remarks may be made upon this quss-

| u0n.
Many of them, if not all. are dependent for
their obligation upon the poiity OF friends in
common Union, and having common govern
ment They are only designed to be binding
upon the States, 80 long as the Union and the
government created by It exist. They are parts
of the frame work which constitute the govern
ment IF, then, the State, as | have already
shown, may determine the powers OF the latter
in CERTAIN cases, stipulations, which are part OF
the Constitution, cannot override that right, be-
| cause il is not made to depend upon them in any
! degree. The causes which would In such cases
demand secession, would place the States in such
position to each other, as would make most, if
not all, Of these stipulations useless or I'M
practicable. For the restrictions which they
impose, are chiefly for the purpose of giving
exclusive powers to the federal government,
which, being ended by the act OF secession,
could no longer exercise them. This will readily
appear to be the case az to the power Of laying
duties, regulating commerce, &C.
But remark again It will be admitted, that
the provisions Of a treaty are only mutually OBJ
! ligatory. Good faith only requires of each to
keep it with, when maintained by, the others.
III broken by the latter, II is ended at the will Of
the former
Does il necessarily follow, that upon seeding,
the State should abrogate the whole Of the
stipulations binding between it and its sisters
AS an Independent power, may she not say to
them: With such Of you as will keep these
provisions with me, will maintain them in good
faith--with those who have disregarded them,
have no faith 10 keepw
i IT thus appears, that II secession results from
a violation Of its powers by the government, it
need not involve breach of faith with the other
! States. fit results from violation OF stipu.
lation of the compact by particular State, the
principles which have laid down Justify tas to
such State, while the treaty, in all its pro-
visions, may be carried out as to those who
have not done 80, but are willing to maintain
them.
This view removes great difficulty with
some feasoners upon this subject. 1t is said
! if one State has right to judge whether the
compact has been violated by the government,
or by any other State, so have all the rest" II
J they differ, and one secedes, cannot the others
deny hsr right? and II 30, will not war ensue !!
J The proposition il enormously stated. Each
has not an equal right to Judge of the extent Of
the obligations of every other, with such other
The equality commended for is this: Each has for
itself the supreme right to Judge Of lis opn obi
! cations finally. The right assumed ia, that the
rest may override the judgment of the ons seced
, ing Nta'e upon the extent of its 0Dn obligations
Where then, Is the equality Of right commended
) for! It is denied in the very proposition as
serted For If there be the admitted equality
of right in each to Judge for itself Of its ouon
obligation under the compact, what right is there
in the others to reverse that judgment by their
supreme determination, and substitute their own
for it? The absurdity would result, that each
would have a supremacy in the case Of every
Other, which it would not possess in lis own.
But further: | admit, as Just stated, that each
has the right to Judge for ITSELF bat deny that
; the others have the right to override such judg.
J ment by their own. IL they have, whence do
} they derive it Clearly not from the Constitu
, ton. Nothing even looks to such conclusion
J in its provisions, except that for its amendment
That cannot be so regarded, because il is simply
one for the increase of tho powers Of the gov
! ernment when its existent authority should
prove inadequate to the objects of the Union
J 1t was not intended to give nor does it give any
, power to arbitrate or settle such differences as
those Of which am speaking.
But If there be such right ia thirty States TO
} override the judgment Of one upon the extent
Of its own obligation, insist that they can have
no title TO do So if the equal right Of the one is
5 denied. Il is not right deriving its validity
from the number of the States asserting il, but
must be inherent in EACH IL is possessed by
the many only, because 1t is inherent in each.
Thus the very argument so often urged against
, the assertion Of this right OF judgment in the
seeding State, involves an admission Of II.
. And further: IL one has no right to secede be.
cause thirty dissent, IL Is submitted, IL upon any
proper principle, the thirty can, II one dissent
So that the proposition, which would make the
right Of one 10 secede depend upon the dissent
Of the Others, would make the compact dissol.
, uble only by mutual aud unanimous consent.
Thus the dissent Of Delaware would make the
Constitution irrevocably binding upon all the
/, | other States.
But suppose difference Of opinion occurs, II
, is said that war must ensue upon secession
This deny. II State revokes the po sers Of
the federal government as 10 itself alone, and
for cause, bat should keep the stpulations OF
he compact with such Of the Others as will do
the same, where is the ground for wsrl Can
such revocation OF the powers OF common gov
eminent involve just ground Of quarrel with the
others Did they bind her TO Il, or was she self
bound! And IL the latter, mast they loose her :
And IL war notwithstanding does ensue, can II
be attributed 10 the right or will Il not be be
cause those who will not do justice 10 her in
the Union, will outrage her when ont of III
But the question Of right does not depend
upon whether or not war ensues. Righ may
= often be, and has been resisted by iorong. The
question IL, how would the belligerents stand 10
| thCN olUtfl ~ hieIt Ot " TtHItt W beNttCs
!, resistance 20 IL by war would be a wrong war
; wbiJh could give quality only 10 the act Of the
party waging IL, und not TO the right asserted
Bui 40 not deny the responsibility OF the
seeding State for the act of secession. AZ a
sovereign State, il must attach 10 her as 10 every
other free and Independent nation. I oaly 10.
sist, that secession beinc alone az her will,
places her in a condition 81 Independence Of the
Others, which can never be taken from her be-
by her free consent or by her entire ennihiIation
There IL one view Of this question which Is
Of great force in maintaining the right Of seces.
sion. II is right, opposition to whiea will
either ensure its triumph, OF will overthrow and
subvert The very principles Of the Consultation
After State has declared by an ordinance Of
lie convention It's Withdrawal from the Union,
aud has refused 10 send representatives 10 either
branch Of Congress; after she has announced
the termination Of the authority Of the Union
within her limits, her power over her internal
concerns would fully enable her to mlintain her