The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-10-20


concurring evidence, establishing that there exists
in that State general dissatisfaction with and a
general desire to Withdraw from, the Union; and
that both parties-that which is for separate State
action and that which insists upon the necessity of
the cooperation of other States-equally agree as
to the expedency of secession, and differ only in
the degree of rashness prudence which chafac-
terizes them respectively.
Modification and secession have sprung from the
same metaphysical SCHOOL, and the latter is the
ally, if not the offspring, ofthe former They both
agree that single State 10 invested with power TO
nullify the laws Of all the other States passed by
Congress-; but notification claims right 10 &C
complish that object, and TO remain at the same
time in the Union; whilst secession asserts right
TO attain il by Withdrawing from the Union, and
absolvng the Stale from all obligation to the Con-
stitution and the laws Of the United States. They
both maintain that resort to either process is
peaceful and legitimate. Notification derived an
ambiguous but contested support from the memoir
able resolutions of the States of Virginia and Ken
lucky, adopted in l79S-'9 but these resolutions af
ford no color or countenance to the pretensions Of
secession.
The doctrine of secession assumes that any one
Of the thirty States composing the Union,
wherever or however situated, whether the interior
or on the frontier, has right, upon its sepa-
ra te will, and according to the dictates of its
elusive judgment, 10 withdraw from the Union
whenever it peases; that this act of secession is
peaceful, and not TO be controverted INSTRUCTED
by the rest of the States, or by the application Of
any force, within the limits OF the seeding State,
to execute the laws of the United States; and that
thereupon the State and its citizens are absolyed
from all obligations and duties to the United States,
and become power independent and sovereign
as any of the nations of the earth. The doctrine
maintains that this right of secession may be
cised whenever the State deems it has sufficient
cause; at all times-in state of profound peace
and prosperity, or in the midst of furious war,
raging in all our borders; and that, in the latter
case, Transforming itself into a distinct and indie
pendent nation, it may escape the calamities of
a tres al npac will he com
mon enemy, become neutral, ally itself with
that enemy, and take up arms against the United
States II asserts this right although it may lead in
the process oltime to the promiscu dotng over,
upon the surface of the territory of the United
States, of petty independent nations, establishing
for themselves any form of government, free or de-
spotc, known to mankind, and interrupung the
intercourse and violating or menacng the exeou-
ton Of the laws of the Remembered Contederacy.
1t contends for this right, well for Louisiana
for South Carolina, although the province of Lou
lslana cost US 80 much money, and was nigh in
volving us in a foreign war; for Texas, althoughit
occasioned us with Mexico, the payment of
ten millions of dollars to arrange it's boundaries,
and to acquire IT, many were willing to risk
with England; and for distant California, although
that WIS acquired by the double title of conquest
and the payment of an ample pecuniary consider
alton.
If, indeed, the Union under which we have SO
long and generally happily lived be thus fragile,
and liable to crumble into pieces we must cease to
boast OF the wisdom of our forefathers who formed
il, tear from our hearts the sentiments of gratitude
and generation with which they had inspired us,
and no longer expect an enlightened world to be-
stow the unbounded praise which il has hitherto
lavished on them. doctrine 80 extraordinary
and ndefensible, fraught with the destruction of
the Union, and such other direful consequences,
hnds no encouragement or support in the Const-
tuition of the United States. 1t had none under the
articles of confederation which formed, in terms,
a perpetual Union, however otherwise weak and
inefficient the government which they estab-
lished. That nefhciency arose out of the fact that
it operated not on the people directly, but upon the
States, which might, and often did, fail to comply
with the acquisitions made them by Congress.
To correct that defect, and to form more perfect
Union, the present Constitution adopted. IL
had been alleged that the Union of the States, I'M
der the articles of confederation held together
only by rope OF sand ; but it q rope of ada
mant, compared with the cord which now binds
us, if the right of secession is sanctioned and
tanned
The Constitution of the United States established
a government, and, like all governments, it was
to be perpetual, have unlimited duration. 1t
was not restricted to the existing generation. but
oomprehended posterty. The preamble declares
that "we the people OF the United States in order
to form more perfect Union, establish justice, en-
sure domestic tranquility provide for the common
defence, promote the general welfare, and secure
the blessings of liberty to ourselves and our pos
tGity do ordain and establish this Constitution for
the United States of America" II makes provi-
sion expressly for the admission of new States into
the Union; but from the beginning to the end of it
not clause is to be found which gives any author
ty color to the right of ecession of State once
admitted into the Union.
The partisans of this novel and strange doctrine
attempt to support 1t on two grounds: First, they
contend, that by an express amendment of the Con-
stitution-as all powers not granted to the Govern
ment of the United States reserved to the States
or to the people-the power right of secession is
not granted, and that it is therefore retained by
the States and the people, and may be exercised at
their pleasure.
This argument is refuted by either of two suffi
cient answers. The contested power cannot be
retained II its reservation be incompatible with the
obligations of the constitutional compact. But the
Constitution was intended to be perpetual or, which
is the same thing, to be of unlimited existence
subject only, from time to time, to euoh amend
ments as might be made, in the mode which it
specifies. II created more perfect Union, which
was to secure the blessings of liberty to the gen
Grafton which formed it, and to their posteritu The
obligation which each State voluntarily assumed
to the other States, by being admitted into the
Union, was, that it would remain perpetually bound
TO the other States to preserve that Union for their
own benefit, and to enure to the benefit of pos-
terity. To assert, in the face of that obligation
that State may retire from the Union whenever it
peases, is TO assert that party, bound by solemn
compact to other parties, may cancel violate the
compact, whenever it thinks proper, without their
consent. In order to secure respect and submis-
sion to the Union. the Constitution expressly pro-
vides "that this Constitution and the laws of the
united states which shall be made in pursuance
thereof, and all treaties made, or which ehal 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 con.
trary Notwithstanding"
Thus each and every one OF the States has agreed
not only that its ordinary legislation but that its
Constitution the higher law made by the people
Themselves in convention, shall, in any cases of
conflict, be subordinate to the paramount authority
of the Constitution, laws made in pursuance there
of, and treaties of the United States. IT, therefore,
any State-were either in its Legislature, or in
Of delegates of the peopleto declare by
the most formal act, that it had seeded from the
Union, such act would be nugatory and an abso.
lutte nuity, and the people of that State would re
main bound by the Constitution, laws, and treaties
OF the United States fully and perfectly as if the
act had never been proclaimed.
But there is another view also conclusive against
the pretcnsion of secession, being power reserved
to the States under the amendment of the Const.
tuition referred to. The reservation of power inn
plies its existence in the party reserving il prior
to such reservation. But when a State existed in
Its independent, separate, and unassocinted char
acter, II would have right of secession, there
being no confcderacy other party from which
to secede- Secession is incident to union or con-
federacy, without which il can have no existence,