Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1851-09-11

another, and afterwards, that other got in
to war,-supposc the first should Mea
claim Alright, as sovereign, 10 iedre, and
put an end to the compact could he dc
itl Certainly not. He would not have
the moral right, and that is the only right
in the matter.
But it is clear sophism TO liken a gov
ernmcn, formed even by sovereign States
to commercial partnership, $50 far as the
| right goes of one member to withdraw
| when he chooses) the articles Of which
partnership contains no stipulation as to
the duration of the copartnery: Coneced-
ing this rule, for the argument, to be so as
to such partncrships:-iti is so because the
municipal law makesit so; that law .gfciag
toMc courts fill po,cer 10 oad1aa1.e right 81
tle parties eqHaHy: But government.
however formed and over whomsocvcr
operating, is thing of permanence. No
constitution ever says how long 1t shall
operate: il is government for all time I'M
til overturned or altered. The interests Of
society,-the business ofthe government
extending in its effects to the remotcst pc
Rod, affecting men and things in all their
relations; and their relations and business
and the whole organization and framework
of the community moulded by it and ar
ranged in reference to it, and lis relations
with other nations,---thesc things require
stability IN government, to make it an
swer the purposes of government and to
distinguish it from anarchy. For men or
states to constitute government, there
fore, is to consent TO be bound by it (sav-
ing the natural right Of revolution for
cause)as long as il exits, or until altered as
therein provided for or By he 1,ooJtc crea-
ting it-not by part 1t is the govern
mcnt of the nation, and lis business is for
the future ofthe nation, as well as the pres
ent: To be such, it acts compulsorily on
those over whom it is exerted, and no
one sovereign man or sovereign state can
defy or eludc its authority at pleasure
Again the constitution provides that
the constitution, laws in pursuance there
of and treaties, .'shall be the supreme law
of the land, any thing in the state cons,itu-
lions and laws to the contrary notwiih-
standing" How can this be, if the state
can, by going out of the Union, make the
federal constitution, &c., of no clicctl The
state constitution is the highest act of her
sovereign powcrleli her; yet that act can
not impair or impede the operations of the
federal constitution: how, then, can the
sovereign power Of the state, by any other
act-say an act Of seccssion-set aside the
federal constitution If, in the exercise
OF her highest sovereignty, she could not
stop, for moment, 0ac law Of the federal
government, how could she, by any excr-
else ofthat sovereignty, set aside the ,choic
constitution and laws of that government
But is the act Of secession, whether pass
cd by the legislature orb by a convention Of
the people representing their primary SOW
creignty, 80 tar! Until it is passed. -
in Me ee'y act Of fpassiag II, tie Statets in
tie UaiOa: how then can Il be done, when
the constitution of the United S,atcs, Men
in faH Jorcc, declares al laws Of the State
denying effect to the federal constitution,
TO be void. But the answer may be made,
that the constitution of the United States is
only in force so long as the State chooses
1t TO be: the constitution does not limit its
operation. Dogbcrry's commentaries on
the laws contains somcsuch doctrinc;-but
Story, Kent and Madison have no, sane
toned the doctrine IN its application to the
American constitution. To make law in
force until it was about to be executed,
and then to be out of force if the man on
whom it was to be executed preferred it
should not be, would be giving an anna
bllity to it like the order Of the captain to
the soldier 10 take himself out and give
himself thirty-ninc lashes well laid ON!
So far, we have spoken of the prctext
that state may, at pleasure, with or with
out cause, sccede from the Union and, in
discussing this point, have urged some ar
gunents which also tend TO show that she
cannot, except as a revolutionary measure,
sccedc at ALL
The old doctrine of some ultra States
rights men was that, in case { { n paipaJie
violation of the constitution, Il state might
scccdc: Even this doctrine would be
without application at this time for we do
not know Of any such violation Of the con
sttuiion as would call it into rcquisition.
But we propose TO consider the doctrine,
somewhat at large and as we have al
ready burdencd your columns to some cx-
tent, we shall defer the discussion Of this
branch Of the question to the next number.