The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1851-10-29

Inc obllRahun WHICH fae0 0tAtC W.
lantarily assumed 20 the other States,
by being admitted into The Union. was,
haiti would remain perpetually bound
10 the other States % preserve that
Union, for their own benefit. and n
inure to tie benefit Of pOsterity. To
assert, In the face Of that obligation,
that State nav retire from the Union
whenever il pleases, is to assert that
party bound by a solemn compact 90
other parties may cancel or violate the
compact whenever II thinks proper.
without their consent. In order to Sc
cure respect and submission 10 the
Union. the constitution expressly pro-
yides I" that this constitution. and the
laws Of the United 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 constitution or laws Of any State to
the CONTRARY Notwithstanding"
Thus each and every one of the
States has agreed. not only that its or
binary legislation, but that It's eonstitu-
ton, the higher law made by the peo-
pie themselves in convention, shall, in
any case Of conflict, be subordinate 10
the paramount authority Of the consti-
tuition, laws made in pursuance thereof,
and treaties of the United States. II,
therefore, any State were, either in lis
Legislature or in a convention of dele
gates Of the people, to declare. by the
most formal act, that il 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 if the act had never
been proclaimed.
But there is another yeiw, also, con-
elusive against the pretension of seces-
sion being power reserved to the
States under the amendment Of the
constitution referred to. The reserya.
ton Of a power implies its existence in
the party reserying it prior to such re-
ser,ation. But when a State existed
in its independent. separate, and un-
associated character, il could have had
no right of secession, there being no
coniederacy or other party from which
to secede. Secession incident to union
or confederacy, without which it can
have emo existence, and unless il is clearly
provided for in the compact Of union,
out Of which it springs, and still more,
il il be utterly irreconcilable with that
compact, can have no constitutional or
legitimate foundation.
Ii is commended, however, in the
second place, that the right of seces-
sion appcrtains to the States, under
and in virtue of their sovereignty.
This argument scorns any reliance up
on the reservation Of powers in the
constitution, cuts loose from all the
obligations in that instrument, defies
the power and authority Of the General
Government, and finds solution of the
authority for secession in the sovereign
" of the States. What that sovereign
" is it does not deign TO define or ex-
plain, nor to show how one Of its attri-
butes is to disregard and violate grave
compacts.
The sovereignty OF tne States, prior
to the adoption of the present constitu-
ton, was limited and qualified by the
articles Of confederation. They had
agreed among themselves to create
perpetual union. When, therefore, the
thirteen original States passed from
under those articles to the constitution,
they passed fran less to more perfect
Inion. and agreed to further limitations
upon their sovereignty.
Under the presentconstitntion. among
tie limitations and prohibitions upon
the sovereignty of the States, it is ex-
prrsslv provided that mo State shall
enter INTO any treaty, alliance, or con
federation, grant lattcrs Of marque and
reprsal, coin money, emit bills Of
credit, make any thing but gold and
silver coin a tender in payment of
debts :" 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 agree
ment Or compact with another State,
or with foreign Power. or engage in
war, unless actually invaded, or in such
imminent danger as will admit Of no
DELAY ltmay be affirmed, with entire
truth. thataIl the attributes of sovereign
ty which relate to peace and war, com
merce, navigation, friendship and inter-
course with, and, in short, all that re-
late to foreign Powers, and several of
those attributes which relate to the in
ternal administration Of the States them
selves, are voluntarily surrendered to
the General Government, and cannot
be exercised BY the States. The per-
torrance of any of the forbidden acts
would be null aud void, no matter in
what solemn and authentic form, nor
BY what State authority-the Legisla.
tare. Convention, or the people them
selves of tho Sfata IN ~, a,.,.o. !