The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-10-23

other States passed BY Congress- but nullhcaon claims
right to accomplish that object and TO remain al The
same Time in the Union whilst secession asserts right
TO attain il by withdrawing from the Union and absolv
ing the State from all obligation 10 the constitution and
the laws OF the United States They both maintain That
resort TO either process Is peaceful anu legnaae ma,
li6caton derived ambiguous but contested support
from the Memorable resolutions of the States Of V9a
and Kentucky adopted in i79s-9s bat these resolutions
afford color countenance 10 the pfelensions OF &c
cesson, j. "a
The doctrine OF secession assumes that any OF the
thirty States composing the union wherever or how
situated whether IN the interior Or on The roh'ief
has right upon lts separate WILL and according 70
the dictates OF its exclusive Judgment TO withdraw from
The Union whenever peases that this act Of secession
PEACEFUL and not TO be cpnroverted or obsuc'ed py
The rest OF the States, or By the application OF any oce
within the limits OF the seeding State to execute the
laws OF the United States and that heeupon the Stale
and its citizens atsolved from all Obligations and du-
ties TO the United States and become power as indie
pendent and sovereign any Of the nations OF the earth
The doctrine maintains that this right OF secession may
be exercised whenever the State deems has sufficient
cause-at all times in state OF profound peace and
or In The midst OF furious war raging in
Eli borders and that in the latter case, transform
Jog itself into distinct and independent nation, 1t may
escape the caamiies OF war, make separate treaty OF
peace with The enemy, become neutral or even
ally itself with that enemy. and take up against the
United States 1t asserts this right, although It may
lead the process OF time, to the promlscuoas dotng
over, upon the surface of the territory OF the United
States, Of petty independent nations establishing Tor
themselves any form Of government free or despotic,
violating menacing the execution Of the laws of the
confederacy. IL contends Tor this right as
well for Louisiana for South Carolina, although the
province Of Louisiana cost us so much money and was
nigh involving in a foreign war for Texas, although
II occasi0ned war with Mexico, the payment OF ten
millions OF dollars to arrange s boundaries and to &C
and for distant California although that acquired by
the double title Of conquest and the payment OF an ample
pecuniary consideration.
If, indeed, the Union under which have SO long
and generally happily lived be thus fragile and liable
to crumble into pieces must cease to boast OF the
wisdom OF foefathers who formed it, tear from
which they had inspired u.s. and no longer expect
lghened world to besow the unbounded praise which
il has hitherto lavshed on them. doctrine SO extra
OF TIE Unon and such other dreiu consequences, finds
no encouragement support in the constitution OF the
United States 1t had mona under the articles OF conted-
otherwise weak and inefficient the government
which they established. That neficency out of
the fact that operated not on the people directly but
upon the States which might, and often did fail to
ply with the acquisitions made them by Congress. To
correct that Defect and to form perfect Union, the
present constitution was adopted 1t had been alleged
federation held together only by rope OF sand !;
but il was rope Of adamant, compared with the cord
which binds u.s. the right of secession is sanctioned
The constitution Of the United States established gov
ernmen and, like all governments, It TO be perpetu
al, 10 have unlimited duration II not restricted
T.
The preamble declares that we the people Of the Uni
ted States in order TO form perfect Union, estab
sh justice insure domestic tranquility provide for the
defence, promote the general welfare, and
the blessings Of liberty to ourselves and posiery do
ordan and establish this constitution for the United
States of America" 1t makes provision expressly for the
beginning to the end of it. not clause is to be found
which gives any authority color 10 the right of
sion of State admitted into the Union.
The partisans OF this novel and strange doctrine At
tempt support it grounds FIRST they contend
that. by express amendment OF the constitution, all
powers not granted TO the government OF the United
States reserved TO the States or 10 the people, the
power right OF secession not granted. and that it is
therefore, retained by the States and the people, and may
be exercised at their pleasure.
This argument is refued by either Of two sufficient
sweTs The contested power cannot be retained, II Its
reservation be incompatible with the obligations OF the
constitutional compact But the constitution intended
10 be perpetual, which is the thing, to be of
limited existence subject only from time to time, to such
amendments might be made IN the mode which 1t spe
cihes 1t created more perfect Union which was to
cure the blessings OF liberty TO the generation which
formed II. and TO their poSerHy. The obligation which
each State voluntarily assumed the other States by
being admitted into the Union, was that it would remain
psrpetualy bound to the ohe, States TO preserve that
Union for their benefit and to inue TO the benefit of
postery To assert in the face OF that obligation, that
State may retire from the Union whenever pleases, TO
assert that patty bound bya solemn compact 10 other
parties may cancel violate the compact whenever il
thinks proper, without their consent In order
respect and submission 10 the Union, the constitution
pessy PROVIDES that ms constitution, and the laws OF
the United States which shall be made pursuance there.
Of and all treaties made which shall be made under
the authority Of the United States, shall be the supreme
law OF the land and the Judges every State shall be
bound thereby, anything in The constitution laws OF
any State to the contrary notwithstanding"
Thus each and every of the States has agreed not
only that it's ord ry legislation. but that its
tonshal in any OF conflict be subordinate to the
paramount authority OF the constitution, laws made in
thereof and treaties OF the United States IT,
therefore, any Stale were, either in its legislature in
convention OF delegates OF the people, to declare by the
most formal act that bad seeded from the Union such
people OF tina, State would remain bound by the consu
ton. laws and treaties of the United States fully and
perfectly as If the act had never been proclaimed
But there il another view, also conclusive against the
pretenson OF secession being a power reserved 10 the
States under the amendment Of the constitution referred
to. The reservation OF power implies its existence in
the party reservlDg u PRIOR 10 such reservation. But
when State existed IN it's independent separate and
unassocated character, II could have had right OF
secession, there being confederacy other party
from which 10 secede Secession incident TO union
confederscy, without which Il can have existence ;
union out of which il springs, and still more If il be ut
erly rreconcisble with that compact have
sliluonal or legitimate foundation
II is contended, however the second place that the
right OF secession appertans to The States under and
virtue OF their sovereignty This argument scorns any
reliance the reservation of powers in the constu
ton, loose from all the obligations in that
dehes the power and authority OF the general govern
ment. and hnds solution OF the authority for secession
the sovereignty OF the States What that overeRpty
II does not deign 10 define explain nor to show how
one OF its attributes TO disregard and violate grave
pacts.
The sovereignty OF the States prior to the adoption of
thn f.ns,xx. LII.