Richmond semi-weekly times. [volume] (Richmond, Va.) 184?-1853, 1851-10-21

the constitution aud the laws OF the United States
They both maintain that a to either process IS
peaceful aud legitimate. Modification derived
biguous bu contested support from the memorable res
buttons of the States OF Virginia and Kentucky, adopt
ed ia 1889; but these resolutions afford color or
countenance to tho pretensons OF secession.
The doctrine OF secession assumes that any one Of
the thirty one States composing the Union wherever
or however situated, whether 10 the interior the
from tier has right, upon its separate will, and
according to the dictates OF its exclusive Judgment to
withdraw from the Union whenever it pl ases that this
OF secession is peaceful, aud not to be controvered
INSTRUCTED by the rest OF the staes or by the app
cation OF any force within the limits Of the seeding
sate to execute the laws Of the United States and
that theeupon, the states and its citizens absoved
from all obligations and duties TO the United States,
| and become power Independent and'soyereign
\ any OF the nations OF the earth.
The doctrine maintains that this right ofsecessou
may be exercised whenever the state deems it has su
Gent cause at all mes-in of profound peace
and prosperity, in the midst of furious war, raging
IN all our borders; and that in the latter case, transform
| ing Itself INTO distinct and Independent natIou 1t
may escape the calsntes of war, make a separate
| treaty OF peace with the enemy, become neu
raI, or even ally itself with that enemy, and take up
| arms against the United States 1t asserts this right,
| although it may lead, in the process Of time, to the
promscuous dotting over, upon the surface OF the ter
tory OF the United States, of petty independent
tons, establishing for themselves any form of govern
ment, free or despoc, known to mankind, and inter-
rupting the intercourse and violating or nenacng the
execution OF the laws of the dsmembered contederacy.
Itcoatends tor this right, well for Louisiana as for
South Carolina, although the province OF Louisiana
cost US so much money, and nigh involving us in
foreign for Texas, although it oceasoned US
war with Mexico, the payment OF millions of dol
lars to ARRANGE its boundaries, and acquire it, many
were willing to risk war with England and tor dis
tant California, although that acquired by the
double title OF conquest and the payment of an ample
pecuniary consideration.
If, indeed, the Union under which we have so long
and generally so happily lived, be thus fragile, and liza
bic to cumbe into pieces, we must to boast of
the wisdom OF our foretahers who formed it, tear from
our hearts the sentiments OF gratitude and veueraon
with which they had inspired US, and longer expect
an enlightened world to bestow the unbounded praise
which it has hitherto lavshed gu them. A doc rine so
extraordinary and ndeiensible, traught with the de-
struction OF the Union, and such other dretu conse
quenees, finds no encouragement support in the
stution OF the United States. 1t had under the
articles OF confederation which formed, in terms,
petua Union, however otherwise weak and inefficient
the government was which they established. That
lneflcency arose out OF the fact that operated on
the people directly but upon the states, which might
and often did fail comply with the acquisitions made
on them by Congress To correct that defect, and to
form more perfect Union the present constitution
was adopted II had been alleged that the Union of
the states, under the articles of confederation was held
together only by rope OF sand but it was d rope of
| adgmant. compared with the cord which now binds
U.s. the right OF secession is sanctioned and susta med
| The constitution Of the United States established
| government, and like all governments it was to be
perpetual, or to have unlimited duration. II not
restricted to the existing generation but comprehended
postery. The preamble declares, that, eve the people
Of the United States, in order to form perfect
provide Tor the common defence, promote the general
welfare, and secure the blessings OF liberty ourselves
and poserity, do ordain and establish this cons
tuition tor the United States of America 1t makes
provision expressly for the admission Of stat into
the Unsn; but from the beginning to the end of it. not
clause is to be found which gives any authority or
color TO the right OF secession oil state admitted
into the Union.
The partlzans of this novel and strange doctrine,
attempt tosuppor 1t on two grounds: First they
tend, that by express amendment of the consttu-
a
the u States reserved to the states, the people
the power or right OF secession is not grated, and
that Is therefore retained by the and the peo
pie, and may be exercised at their pleasure.
This argument Is retuted by either of two sufficient
answers. The contested power cannot be retained,
If It's reservation be incompatible with the obligations
OF The constitutional compact. But the constitution
was intended to be perpetual, or, which the same
thing, TO BE- OF unlimited lstelce, subject only from
time to time to such amendments might be made
IN the mode which 1t specifies. 1t created more
perfect Union, which to the blessings of
liberty to the generation which formed it, and to their
poStertty, The obligation which each volunta-
rly assumed to the other states, by being admitted
into the Union, was that 1t would remain perpetualy
bound to the other states TO preserve that union for
their benefit and inure to the benefit of poste-
rlty. To assert IN the face OF that Obligation that
state may retire from the Union whenever il peases
is TO assert that party pound by solemn compact
to other parties, may cancel or violate the compact
whenever thinks proper, without their consent In
order to secure respect and submission to the Union,
the constitution expressly PROVIDES 'that this constr
tuition, 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 u
Saes shall be the supreme law of the land; and the
Judges in every state shall be bound thereby anything
in the constitution laws OF any state the contrary
notwithstanding"
Thus each and every of the states has agreed
net only that its ordinary legislation but that its CON
stltutlon, the higher law made by the people them
selves in convention, shall, in any cases Of conf ct
be subord male to the paramount authority of the con-
stltuton laws made IN pursuance thereof and treaties
OF the U. Stat IT, therefore, any were either in
Its Legislature, or IN convention of delegates of the
peoples to declare by the most formal act, that it had
seeded from the Union, such act would be nugatory
and an absolute nuty; and the people OF that state
would remain bound by the constitution laws and
treaties of the U States fully and perfectly AS if the
act had never been proclaimed
But there is another view also, conclusive agains
the pretensons OF secession being power reserved to
the states under the amendment of the constitution
erred to. The reservation ota power implies its exis
ence in the party reservng it, prior to such reserva
ton. But when state existed in its independent sep
aud unassocated character it could have had no
right OF secession, there being conederacy other
party from which to secede. Secession is incident to
union or confederacy ithout which it can have no
existence, and unless it is clearly provided for in the
compact of Unon, out of which it springs aand still
more, II 1t be utterly rreconciable with that compact
It can have no constitutional or legitimate iounda-
ton,
tits commended, however in the second place that the
right oil secession appertans TO the states under and
in virtue OF their sovereignty. This argument scorns
any reliance upon the reservation OF powers in the
constitution, cutsaoose from all the obligations in that
instrument dehes the power and authority OF the gen.
era government, and finds solution of the authority
tor secession in the sovereignty of the states What
that sovereignty is it does not degn TO define ex-
PLAIN nor 10 show how one ots attributes is to dsre
gard and violate grave compacts. ..
The sovereignty OF the states, prior to the adoption
Of the present constitution limited and qualified
by the articles OF confederation. They had agreed
among themselves to create perpetual union. When
therefore, the thirteen original passed from an
der those articles to the constitution they passed from
less to more perfect Union, and agreed TO further
limitations upon their sovereignty.
| Under the present constitution, among the limta
tons and prohibitions upon the sovereignty OF the
States, 1t is expressly provided that no Stale shall
enter INTO any treaty, alliance or confederation erant
letters OF maique and reprsa coin money, emit bills