Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-05-07
THE TIMES, TERMS,
The Doctrine of secession.

trne that every State has the right to secede, at
her own pleasure, from the Union, without regard
to the will of her sister States, or to the sufi-
cheney Of her own cause of discomfort. This
proof is furnished by correspondence which took
place, while the New York Convent on was deli
berating upon the ratification of the Federal Con-
sttution, between Col. Hamilton and Mr.. Madi-
son, the best authority we can possibly have in
any question touching the meaning of the consti-
tutional compact. 1t will be seen that Hamilton
informed Madison, then member of the Federal
Congress sitting in the city of New York, that it
was seriously proposed in the New York Con-
vention, to rstfy "aoith the reservation Of right
to secede,' if such amendments as were desired
should not be decided upon within a certain
number of years. Madison replied at once that,
in his opinion, such ratification would be ga con-
d'tional ratification" and would not ''make New
York member Of the Union" and that sthe con-
stitut,on required adoption IN toto and toreuer
He informed Col. Hamilton, moreover, that SHE
idea Of reseruing right 10 asihdra,o aoas started
al Richmond, meaningin the Convention of
Virginia, which sat in June, 1888 and consider
ed a constitutional ratification yhich aoos itself
abandoned as aoorse than a rejection''
High as Mr.. Madson's authority is in all mat
tiers Unconstitutional Interpretation, his correspond
ence with Hamilton is not chiefly important as
making known his individual opinion on the ques-
ton of the right of State to withdraw from the
Union. Its great value consists in the historical
facts of which it is the unmpeachable record
1t teshies to the nation, for all time, that the
States entered the Union with an explicit UNDER
standing that the act was irrevocable except by
the process of revolution. Itcertiies that in Vir.
glna particularly, where the opposition to the
constitution was most powerful the scheme of
reserying, as a condition Qualification, that very
right, which South Carolina now asserts without
such reservation, was started and abapdoned.-
vi this important fact, we had not before been
advised but we were well aware that, in the Vir-
glnla Convention. the great contest between the
friends OF the Constitution and its opponents, was
upon the question of precious or subsequent
amendments. Patrick Henry and George Mason
atthe head..o the opposition strained all their
energies to procure decision for previous
amendments. The whole scope of their argu
Inents was to show that the proposed constitution
would erect great consolidated government
the accept ance of which Virginia could never
recall and which, therefore, she ought only to ac-
cept upon condition of obtaining such notifications
as they considered indispensable. Madison, Mar
SHALL Pendeton and Nicholas, on the other hand
contended that the State should ratfy uncopd;
tonally, and recommend TO the first Congress-
such amendments as she wished, in order thai
they might be adopted in the manner prescribed by
the constitution. lfthe opponents of the consti-
tuition had conceived such theory, as that the
State would have the right 10 secede whenever
she might become dissatisfied, it is impossible to
suppose that they would have insisted on "preyi
Gus amendments" or, in other words, conditional
ratification. What was the view of its friends
is evidenced by Mr.. Madson's letter to Hamilton.
Alter the memorable debate which was waged be-
tween the opposing parties from the I'd to the 18th
OF June, the Committee of the Whole, on the
latter day, reported to the Convention preamble
and the two following resolutions
"Resolved, That 1t is the opinion of this committee
that the said constitution be ratified
Resolved, That it is the opinion of this committee
deemed
be recommended TO the Congress which shall first as.
sembe under the said constitution be acted upon ac
Of" Il" '"' MN "i'icie 'nere-
A motion was made to amend the first resolution
by substituting:
Resolved That previous to the ratification of tn. new
contltution OF government recommended by the ls,s
federal Convention, declaration of rights assartno
and securing from encroachmen the great prncipes 81
civil and religious liberty, and the unaenabe rights of
the people, together with amendments to the most ex
ceptohaoe parts oil me SAID constitution OF government
ought to be referred by this Convention to the Other
States 10 the American contederacy for their consde
ration"
The amendment was rejected, ayes 80, noes
50.
The first resolution of the committee of the
whole was then agreed to, ayes 80, noes 10; and
the second resolution was agreed to without d.
vision. The ratification was made to conform tn
the resolves, and bill ofrights and various amend
ments OF the constitution were recommended to
Congress.
1t would be easy to produce from the debates of
the Virginia Convention, many declarations. bv
speakers on both sides, which show, beyond any
sort of question, that the unconditional ratification
finally determined upon was universally under
stood to preclude the possibility of the States re-
ceding from the Union. True, the form of ratif.
cation affirmed, that the ''power granted under the
constitution, being derived from The people of tbe
United States, may be resumed by them whenever
the same shall be pervertedto their injury or oppres
sion :" but this was only the assertion oe the nm
doubted right of popular resistance to oppression
and not of the right of State to withdraw from
the confederacy, without corresponding right in
the remaining States to Judge whether she has
or has not Just cause for dissatis faction.
Nevertheless, we do not hold with Judge Rosns.
the great head of Virginia Democracy, that "se
cesson is treason" We believe that a State nav