Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1851-09-18

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.nsc at least feel too little confidence in my III
and my reasoning, to set my honor
against any cFaagcpf opinion that the changing
vents of year nay produce; aud l propose TO
reserve tic right Of fairly considering all the
arguments and the evidence that may be present
I'd, when my judgment is to be finally formed
With this saving, lam quite willing TO state my
present opinions. My purpose is to state thcm'
rather than to defend them by argument.
Thc doctrines asto the rights and remedies OF
the States professca: by the people Of this State
in 1892, followingthe lead of Virginia and Ken
tucky in Tf9s, still have the fall assent of my
As a disciple of this falth' l
adopt the tenet, THAI State may -sceedo at will
from the Union she has formed with til sister states
Our cunfederacy is of peculiar character and
little aid in the construction of the instrument OF
Union, is afforded by studying the structure oi
other leagues. :. By the declaration of ndcpen-
dcncc, certain British Colonies became sovereign
States, in the Federal Constitution, and when
afterwards they, separately as sovcrcigns' formed
n compact for the exercise of certain powers
jointly, they did not surrender their sovereignty.
The Federal Government is the government OF
each of the States-a common agency Tor the
execution of definite powers and its constitu-
tonal acts demand obedience as the acts Of the
several States, BY Virtue Of their previous cove
nant, even of those States, the representatives OF
which may have disscntcd from the acts. lhe
right of secession is not derived from the Con-
sttution in strictncss Of speech. is not right
reserved by the tenth Article Of the Amend
mcnts. We look to the Constitution to ascertain
the powers of the Federal Government, not the
rights of the States. fhc whole scheme of that
instrument is to enumcratc the powers to be ex-
crciscd by the common agent not to mention Tic
powers of the constituent States. Every thing
not given by them is retained. Certain rcstric-
tons are imposed on the exercise of powers by
the States willie they are in the Union, but no
provision is made as to the withdrawal from the
Union, nor for any matter outside Of the Union.
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that the Constitution neither prohibits, nor re-
strains its exercise. From a compact of union
among States for an indefinite time. as. from a
partnership among individuals for an uncertain
term, any member may scccde, and resume the
station occupied before the compact was formed.
The suficicncy of the cause for secession, rs this
must be determined BY the scccding State, docs
not logically affectthe right, but it may seriously
affect the practical consequences of its exercise
in any particular instance In all acts concern.
ing her foreign relations, a State should be able
to defend herself by good reasons in the forum
of nations. Tho. other States have no right tc
coercc seeding statc to return into the Union
under any circumstances; yet if the secession b.
under circumstances of bad faith, as during Aa
grant war, a plausible excuse is furnished fo
i. hostltics to comp satisfaction for the iniur,
thereby rcsultings It is at least desirable, that
befor. vcwa tRse tsee shas,,ld sa fnrnsl
+ allegiance TO the'state of South Carolina exclu
svely, Until she resorts, in her sovereign ca
pacty, to the measure of secession. every citizc,
retains his rightof private judgment apd of in
dividual resistance to the movement; but wler
she takes this final step, feelthat should iustl,
incur the penalties Of treason, if resisted he,
edict. 4s5.if5f5I
H'To avoid allambiguity, arow my obligation
TO obey such action if adopted by tho existing
Convention, although the delegates may have
been elected by q minority of the people of the
State Al1citizens had the opportunity of voting
for delegates, and those who neglected it must
bcprcsumcd to acquicsce in the choice made bv
such as cxerciscdtlcir franchise. Il would be
very unsafe, TO look behind the regular forms in
which the willof the. community is manifested
in order ID to ascertain the real wishes or "hirhcr
law" OF the minority Subsequent ratification bv
the people fsuch act Of the ConYcnton, re-
gard as neither necessary nor expcdcnt-not
necessary, for in theory the whole people speak
through their sdelegatcs-not expcdicnt, on ac
count of its mobocratic tendency.
With all myrcspcct forthc Legislature. can
not approve the arrangement by which The men,
bers of the Convention were elected 50 lonr
before their services were needed. Conventions
thus clothed with majesty of the people and
speaking their sovereign voice, should be fresh
from their constituents when called to act-shoull
be convoked for definite rurpose-and should
retain their powers for the shortest convenient
term In the only other instance in this State
since the adoption Of her constitution, when ,l,is
vast machinery was set in motion, the end to be
achieved and the mode of operation were pre-
vously well understood. But the present Con-
vention was elected, before any agreement as to
It's measures among the people, or even anv de-
Iiberatc consideration of its purposes. impute
no design BY this premature election to cntrop |
The unwary, or commit the uninformcd, but it
may be that such results have. followed. The
call of the Convention, l think may be justified
by the example Of Mississippi, after the pledges
to her Of cooperation by our Legislature, (a-
though the time, appointed for her Convention by
MISSISSIPPI, did not impclativey demand such
call by our Legislature at the last rather than the
next SESSION. but tshoud be borne in mind, that
neither Mississippi nor this State had then pro-
posed specific mode of resistance More time