The southern press., 1851-05-28
Hrom ihs .Narfelk ava. .qrgus.

From the Norfolk (va.) Argus.
The CONSTITUTIONS RIGHT OF SECESSION
Has State right to secede from the Union,
or in other words, is it constitutional right?
This is an important question when viewed in
relation to the responsible position likely to be
taken by South Carolina
We do not design to discuss IT at this time,
but we simply propose to give high authority
in support of the claim. The power has always
been contended for in Virginia since the memoir
able resolutions of 1898, as is clear from the
exposition of them by the celebrated report
drawn by Mr.. Madison. In defending the third
of these resolutions, which asserts the doctrine
of State interpostion, the committee say shat
they have scanned it not merely with strict,
but ,Dilh seuere eye, and they feel confidence in
pronouncing, that in its just and fair construc-
ton, it is unexceptionably trne in its several po-
sitions, as well as CONSTITUTIONAL, and conclu-
sve in its differences" What were the positions
of the third resolution? lst, That the. powers
of the federal government were limited to the
plain sense of the instructment constituting the
compact I'd. That in case of deliberate, palp-
able ard dangerous infraction of the compact,
the State has the right to nterpose to arrest the
progress of the evil, by maintaining within its
respective limits the authorities, rights and iber-
ties appertaining to it. "This inference" says
the report, sis constitutional and conclusive"
Mr.. Jefferson maintained the same doctrines in
the famous resolution drafted by him, and adopt
ed by the legislature of Kentucky, in 1899 Mr..
Alex Hamilton, in one of his papers in the
"Federast" admits that if the federal govern
ment should Cypress the States, the State gov
eminent would be ready to check it by virtue of
their own inherent sovereign powers. sit may
safely be received as an AXIOM in our political
system (says Mr. Hamilton,) that the State gop-
eminent toil in oil possible contingencies, afford
COMPLETE SECURITY against invasion OF the pub
lie liberty by the national duthority-P Project Of
,isurpation cannot be masked under pretences so
likely to escape the penetration of select bodies
of men, as of the people at large. The legisla-
ture will have better means of Information
they can discover the danger at distance: and.
possessing all The organs Of CIVIL POWER, and
the confidence of the people, they can at once
adopt regular plan of opposition, in which they
can combine all The resources Of the community"
Nathaniel Macon, for thirty years member
of the Senate of the United States from the
State of North Carolina, and of whom John
Randolph of this State said that he was the
purest and wisest man who had ever taken part
in the counses of the nation, in letter in reply,
expresses the following opinion: There can
be no doubt that the United States are in de-
plorable situation and that the publication of
the opinion you desire, would be useless. II
has never been secret, and always stated to
those who wanted to know it. In the year 1924
the Constitution was buried in the Senate-the
senators who were then present will, it is be-
lieved, reeollect the faet-and never afterwards
quoted by me while continued in the Senate.
The opinions. of Gen. Washington, Mr. Jefer
-, IL r., fyliptnp GRO known hut MT ra
spected. | have never believed that State
could nullify and remain in the Union, bit hare
al,cays beliered thai State might secede ohen
she rleased and This right hare considered the
hest guard 10 public liberty and 10 public justice
| that could be desired; and il ought 10 haze pre-
rented ,chat is nolo fell in The South-oppreSsio
When confederacies begin to fight, liberty is
soon lost, and the government is sonn changed.
A government of opinion, established by sove-
reign States, for special purposes. cannot be
maintained by force The use of force makes
enemief, and enemies cannot live in peace under
such government"
These are the views deliberately expressed by
the patriots and sages Of by-gone days-men
who made the science Of our complex machinery
/ of government their study and two of whom us
sisted in the formation of the present Constitu-
| ton Whether secession will lead to civil war
between the general government and the Sc ed
! ing State, rests entirely with the strongest
power. There is no necessity for it unless the
federal government shall choose to consecrate its
nsurpations by the blood of those it shall have
attempted to Cypress The measure is rot re-
sorted to by the retiring Stale with view 10
resort TO force. All she asks, is the privilege TO
peaceably withdraw from league, the compact
of which has been violated, and which has be-
come to her grievance too intolerable to be
longer borne.