Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1851-10-23

government oil ihe United States are
reserved to tie states, or to the people.
tho power or right OF secession is not
granted, and that il is therefore retain
ed by the states and the people, and
may be- exercised AT their pleasure.
This argument is reinled by either Of
two sufficient answers. The contested
power ca"not be retained, il its reserva-
tien be incompatible with the obliga-
ti0ns Of The constitutional compact
But the constitution was intended TO be
perpetual or, which 10 the same thing,
to be of unlimited existence, subject on
ly, from time TO time, 10 such amend
mcnts as might be made, in the mode
which it specifics. II created more
perfect UhiOn which was to secure the
blessings Of liberty to the generation
which formed il, and to their posterity.
The obligation which each stale voIun.
tarily assumed to the other states, by
being admitted into the Union, was,
that it would remain perpetually bound
to the other ST ates to preserve that union,
tor their own benefit, and TO inure 10 the
benefit of posterity. To assert in the
face Of that obligation. that Il state may
retire from the Union whenever it pleas
es, is To assert that party, bound by a
solemn compact TO other parties, may
cancel or violate the compact whenever
In order to secure respect and submis-
sion to the Union, the constitution eX-
pressly provides, "that this constitution,
and the laws OF the Uni,ed States which
shall be made in pursuance thereof, and
all treaties made, or which shall be made
under the authority of the United States
shall be the supreme law of the land
and the judges in every state shall be
bound thereby, any thing in the consti-
tuition or laws of any state TO the con-
lrary Notwithstanding"
Thus each and every one OF tho states
has agreed not only that its ordinary
legislation. but that its constitution. the
higher law made by the people them
selves in convention, shall, in any cases
ofconhict, be subordinate TO the para
mount authority of,he constitution, laws
made IN pursuance thereof, and treaties
of the United States. II, therefore, any
state were, either in its Legislature, or
in a convention Of delegates of the pco-
pie, to declare, by The most formal act,
that II had seeded from the Union, such
act would be nugatory and an absolute
nullity and the people Of that state
would remain bound by the constitution,
laws and treaties Of the United States,
as fully and perfectly as il the act had
never been proclaimed.
Bnt there is another view. also, con-
elusive against the preension OF scces-
states under the amcndm eni of the con-
stitution referred to. The reservation
Of power implies ts existence in the
party reServing ii, prior to such rescrva-
ton. But when state existed in It's IN.
dependent separate and unassociated
character, it could have had no right Of
secession, there being no conied.racy
or other party from which TO serede.--
Secession is incident IL union or conied-
eracy, without which it can have no
existence, and unless il is clearly provi-
dcd for in the compact of Union, out of
which it springs, and still more, il il be
utterly irreconcilable with that compact
it can have no constitutional CT legiii-
mate foundation.
II is, contended, however, in the Sec
ond place, that the right of secession APP
pertains TO the states. under and in vir-
tie Of their sovereignty. This argument
scOrns any relan:e upon the reservation
OF powers in the constitution, GUS loose
from all the Obligations in that instru-
ment, deiics the power and authority at
the general government, and finds u So
luton OF the authority for secession in
sovereignty OF The states. What that
sovereignty is. II dOes not dcign to de-
fine or explain, nor to show how one Of
its Attributes is to disregard and Violate
grave compacis.
The sovereignty Of the states, priOrto to
the adoption Of the present constitution,
was limited and qualified by the articles
of confederation. They had agreed
among themselves TO create a perpetual
unlon. When, therefore, the thirteen
original states passed from under those
articles, to the constitution, they passed
from IL less to more perfect Union, and
agreed TO further limitations upon their
sovereignty.
Under the present constitution, among
the limitations and prohibitions upon the
sovereignty of the states, IT is expressly y
provided that mo state shall enter into
any treaty, alliance or confederation,
grant letters Of marque and reprisal,
coin money, emit bills Of credit, make
anything but gold and silver coin ten
der in payment of debts y and ''no state
shall, without The consent of congress-
lay any duty Of tonnage, keep troops Or
ships of war in time OF peace, enter into
any agreement-or compact with another
state, or with foreign power, or en-
gage in war, unless actually invaded,
or in such imminent danger as will ad-
nit of no delay" 1t may be affirmed,
with entire truth, that all the attributes
of sovereignty which relate to peace
AMI war, commerce, navigation, friend.
ship and intercourse wilh and, in short,
all that relate to foreign powers, and
several Of these attributes which relate
to the internal administration Of the
states themselves, are voluntarily sur
rendered to The general government,
and cannot be exercised by the states.
The performance OF any Of the forbid
den acts would be null and void, no mat
ter in what solemn and authentic form,
nor by whab state authority, the legisIa-
ture, a convention, or the people them
selves of the state, in an aggregate
mass, it nigh, be performed. The con-
stiiutlon OF The United States would in
stantly intervene, vaca the act, and
proclaim the overriding, supreme and
paramount authority Of the consti-
tuition, laws and treaties oi the United
States.
II is clear, therefore, that no state can
60 any thing rcpugnant to the constitu-