Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1851-10-27

submission to the Un;o-, the consti,n,,o,,
expressly provides .'fhat this cors,stotion
and the laws oi the United States Which
shall be made IN pursuance thereof, and an
treaties made. or which shall be made, un-
der the authority ofthc United States, shall
be the supreme law oftHo land; and the
Judges il every State shall he tvond tAcfrl
by, anything in the constitution or laws lof
any State 10 the contrary no,withs,nndI
ling esaffg 10 ladf
Thus cach and every one Of the States
has agreed not only that its ordinary iepis
laiion but that its constitution the higher
law made by the peoItc themselves in
convention, shall. IN any cases ~ ccnAtcs.
be subordinate u the paramount authority
Of the constitution, laws made IN cursuvncs
thereof, and treaties Of the United S,afcs.
II, therefore, any State were either IN its
Legislature, or in convention of faelcgates
of the people, TO declare, by the most for.
NAL act. that it had seeded from the Uni.
on. such actwould be nuga,ory aud 40 ats
solute nullity; and the people of thAN State
would remain bound by the constitution,
atcserd trcetics Of the United States, ns
fully and perfectly as If the act had iever
been proclaimed . i-Hm laaiiei
But there is another view also, conclu.
sivc ngainst the pretension Of secessipm
being power reserved 10 tho states nnder
the amendment ofthc constitution referred
10. The reservation oia power implies ia
existence In the party rcser,ing IL. priorto
such rescrva,ion. But when sin,, cxis-
ted IN It's independent. separate and uhast
scented character, Il could have had no
right Of secession, there being no confed.
eracy or other party from which 10 scecd@
Secession is incident to union or conksders
acy, without which il car have no cxis.
tencc, and, unless il is clcarlyprovided for
in the compact of Union. out OF which il
springs, and still more, irit he utterly IRE.
conciiable with tha, compact, II can have
no constitutional Or leg' slotive foundutions
tits con,ended. however, in the second
place, that tue right Of secession oppertains
"a the states, under and in virtue Of their
sovereignty. This alignment scorns any
reliance upon the reservation Of powers IN
tho Constitution, cpts loose from Nh the Oh
legations ia that Instrument, defes tho
power and authority OF the general Sovs
crnmcn', and finds solution of the authers
ity for secession il the sovereignty Of tho
stutes, Whet TINT sovereignty Is, il does
not design te'deline o"GSrlain. nor to show
how one olits attributes is to Disregard aud
violate grave compncfs. rf 5sRs
The sovereignty of the states. prior 10
The adoption OF the present CONSTITUTIONS
was limited and qualified by the articles Of
confederation. They had agreed nrYong
themselves 10 create a perpetual Union.--.
| When, therefore, the thirteen original states
passed from under those articles, 10 thu
Constitution, they passed from less to
marSGa rSGalp'Sshls pSshs Gipbhf tliciTT sovereigu,y S; m
Under the present Constitution, among
the limitations aud prohibitions upon the
sovereignty OF the states, it is expressly
| provided that "no state shall enter inso sny
ireaiv alliance or confederation. grant let.
ters Of marquc and rcprissl. coin money.
emit bills Of credit, make any thing but
gold and silver coin tender in pnya
ment Of debts;'' and. ''no sinse shuli
without the consent OF Congress. hay any
duty of tonnage. keep troops or ships ~
war in time ofpeaee. enter into any ngreri
mcnt or compact with n o;hcr Stale,
with foreign power, or engage In war un.
less actually invaded, or in such imminent
danger az will admit of no delay" il
may be affirmed, with entire truth. the, M
the attributes ofsovereignty which relate
TO peace and war, commerce., navigation,
1 friendship and intercourse with, md, III
short, all that relate to foreign powers, and
several Of these attributes which relate to
the internal administration of tho Statcs
themselves. are voluntarily surrendered ~
the general government, ahd caniitt We cx!
erciscd by the States. The performance
Of any of the forbidden acts would be null
and void, no mntter in what solemn mud
authentic Form, nor by what State author-
ity, the Legislature, Convention. or the
people themselves ii a Staic in nm Bggrci
enle rnass, il might be performed. The
Constitution offhe United States would
Instantly intervene, vacaie The act and pro.
claim the overriding, supreme and parn.
mount authority Of the constitution. laws
and treaties of the United Staico. asii
It's clear. therefore, that no State can
do anything repugnani to tho Constitution;
laws and treaties Of the United Siaics.--
What it might do ii 1t were IN pohscsrioi
Of all its absolute sovereignty, and had
never entered into this Union, is "A different
question. But tifwc suppose, contrary I'd
the historical fact that tho States were
absolutely sovereign when the existing rom
stituiion was adopted. could they cIrcuro-
scribe and contract tbeir attributes OF SOW
ercigt,ty by the sipulsions and provisions
which are contained ia III All history IA
full of examples ofihe total anmhilaiion ri
sovereignty or nationality. oilencr by the
power Of fbc sword and conquest. but
sometimes by the velnutary art of The rr1
ton merging itself into another, Of which
we Lave a striking instance in the case Of
Texas md our own country. 7t
Assuming that tho constitution is meis
compact between independent nations, or
sovereign Stnies, they are nevertheless
bound by all the obligations which tho
compact creates They are bound TO alb
stain from all forbidden acts, and 10 submit
10 the supremacy of the constitution md
| laws Of the United Statcs. Bnt II will be-
asked, have they no, nlso the right TO judge
of the fidelity with which the common gog-
ern,nent has adhered to the common com.
paetl Yes, most certainly. They have
that right, and so has every citizen Of tbf
United States, ard so has tho gene, al gov
crnrnent also The alleged violation of
the constitution may be exposed and de-.
nounced by all the weapons Of reason, Of
argument, and ofridiculci by rr'nohstrance.
protest, appeals to the judiciary. and ~
the other States; by the press. public opiB-
ion, and all legitimate means otpersuaJ'ng
or inauencingt III after the c,nplox'pent
of all or any Of these peaceful sriethods.
the government Of the United States. sus-
tanned bya constitutional majority OF the