The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1851-10-07

sionSis NOT derived from3the Constitu-)
tion; in strietncss fof speech, ii is not
aright reserved by the tenth Arti-,
scle of the Amendments. We look.
tosthe Cons titntion to assertain the;
powers Of tho Federal Government,
not the rights oftthe States. The
whole scheme Of fthatinstrument is to
enumerated the!powers to be exercised
by the common agent, not to men,
tion tho powers of the constituent
States. Everything not given by
them is retained. Certain restric.
tions are imposed on the exercise Of
powers by the States while they are
insythe Union, hut no provisions is
made as to the withdrawal from the
Union, nor for any matter outside of
the Union. tits enough to demon.
strate the rightin question, that the
Constitution neither prohibits, nor re.
strains its exercise. From COM
pact of Union among States for an
indefinite time, as from a partnership
among individuals for an uncertain
term, any member may secede and
resume the station occupied before
the compact was formed. The suf.
ficiency of the cause for Secession,
as this must be determined by the
seeding State, docs not logically Of.
feet the right, but it may seriously
affet the practically conse9ucncesc Of
its exercise in any particular instance.
In all acts concerning her foreign re-
lations, q State should be able to de.
fead herself by good reasons in the
forum Of nations. The other States
have no right to coerce seeding
State to return into the Union, un.
der any circumstances; yet if the
Secession bu under circumstances of
bad faith, as during fragrant war, a
plusible excuse is furnished for hos
tilities to compel satisfaction for the
S.:sssFsss, W. thereby resulting. 1t is at
I ifGIEt acsirat'a, t'r. ',cftt. sn G.i e
|. s9ac23:i - . 1taEa sep,g|d 4a,,,ial, ca
~ "liug.NSray.s s"sf;Sno-;,.. -,ys
/. p.u N@ea-
| 1. follows !rom these ie,ys, ea", I
aNNt.oM.>H,5c a.!Gg5ianpo 70 'hG Gt4.r
VI Soa.. s,lnA.na c%':usjNeiy. Until
sAe resns $ IN he, sovereign rapac,, v.
. ~ -
citizen retains his right OF private
Judgment and Of individual resist
anco to the movement: but when she
takes this final step, feel that /
should justly incur the penalties of
treason, if resisted her edict.
10 avoid all ambiguity, l ayow
my obligation to obey such action if
adopted by the existing Convention,
although the delegates may have
been elected by minority of the
people of the State. All citizens
had the opportunity of voting for
delegates, and those who neglected it
must be presumed to acquiesce in
the choice made by such as exercised
their franchise. 1t would be very
unsafe, to look behind the regular
forms in Which the will of the com.
munity is manifested, in order to as.
certain the real wishes or "higher
law" Of the majority. Subsequent
ratification DO the people of such act
of the Convention, regard as ncith-
or necessary nor expedicnt--not ne
cessary, for in theory the whole peo.
pie speak through their delegates -
not cxpedient, on account Of its mob.
ocraty tendency.
With all my respect for the LIE gis.
lature / cannot approve the arrange
ment by which the members of the
Convention were elected so long be.
fore their services were needed. Con.
ventions thus clothed with the majes.
ty of the people and speaking their
sovereign voice, should be fresh from
their constituents when called to act,
should be conyokcd for n definite
purpose, and should retain their
powers for the shortest convenient
term. In the only othcr instance in
this State since the adoption Of her
Constitution, when this vast machine.
ry was set in motion, the end to be
achieved and tho mode of operation
were previously well understood.
But the present Convention was clcc-
ted before any agreement as to its
measures among the people, or even
any any deliberate consideration
of ita purposes. lzi,nputc no design
BY this premature election to entrap
tho unwary, or to commit the unin-
formed, but il may be that such re-
suite have followed. The call of the
Convention ! think may be justified
by the example Of Miss ssippi, after
! the pledges to her Of Cooperation,
~ our Legislature, (although the
lmr, appointed for her Convention
1 by AlisSi;sippi, did not imperitiyelv