Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1851-10-29


1.-The partizans of this novel and strange
doctrine attempt to support 1t on two
grounds: First, they contend, that by an
express amendment of the Constitution, as
all powers not granted to the government of
the United States are reserved TO the States,
OF to the people, the power or right OF Sc
cession is not granted, and that it is there
fore retained by the States and the people,
and may be exercised at their pleasure.
This argument is refuted by either OF two
sufficient answers. The contested power
cannot be retained, its reservation be IN
compatible with the obligations OF the con-
stitutional compact. But the Constitution
was intended to be perpetual, or when Is
the same thing, to be ofunlimited existence
subject only, from time to time, to such a
mendments as might be made, IN the mode
which it specifies. 1t created more per-
feet Union, which was to secure the bles-
sings of liberty to the generation which
formed it, and to their pOSierity. The obj
CATION which each State voluntarily assum-
ed TO the other States, by being admitted
into the Union, was, that, it would remain
pepetually bound to the other States to pre-
serve that union, for their own benefit, and
to enure to the benefit ofposterity. To as
sert il the face of that obligation, that
State NAV retire from the Union whenever
it pleases, is to assert that party, bound
by solemn compact to other parties, may
cancel or violate the compact whenever 1t
thinks proper, without their consent. In
order to secure respect and submission 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 shall be made, under the authori-
ty of the United States, shall be the SUI
preme law of the land anG the judges IN
in every State shall be bound thereby, any
thing in the Constitution or laws of any
State to The contrary Notwithstanding
Thus each and every one of the States
has agreed, not only that its ordinary legis-
latlon, but that its Constitution, the higher
law made by the people themselves in Con-
vention, shall, in any cases of conflict be
subordinate to the paramount authority OF
the Constitution, laws made in pursuance
thereof, and treaties of the United States.
If, therefore, any State were, either in its
legislature or in convention of delegates
of the people, to declare by the most formal
act. that it had seeded from the Union,
such an act would be nugatory and absolute
nullity and the people of that State would
remain bound by the Constitution, laws and
treaties of the United States, as fully and
perfectly as if the act had never been pro-
claimed.
s'But there is another view also, conc1u-
sive against the pretensiou of secession be-
ing a power reserved to the States under
The amendment of the Constitution refer
red to. The reservation of power implies
its existence in the party reservinglt, prior
10 such reservation. But when State ex-
lsted in its independent, separate and unas-
sociated character, it would have no right
of secession, there being no confedeacy or
other party from which to secede. Seces-
sion is incident to union or confederacy,
without which it can have no existence, and
unless it is clearly provided for in the COM
pact of Union out of which it springs, and
still more, if it be utterly irreconcilable with
that compact, it can have no constitutional
or legitimate foundation.
UIt Is contended. howevor, IN tho saonnd
place, that the right of secession appertains
to the States, under and in virtue of their
sovereignty. This argument scorns any re-
lance upon the reservation of powers in the
Constitution, cuts loose from all the obliga-
tons in that instrument, defes the power
and authority of the general government,
and finas a solution Of the authority for Sc
cession in the sovereignty of the States.-
What that sovereignty is, it does not deign
to define or explain, nor to show how one
of its attributes is to disregard and violate
grave compacts.
"The sovereignty of the States, prior to
the adoption of the present Constitution, was
limited and qualified by the articles of con-
federation. They had agreed among them
selves to create perpetual Union. When,
therefore, the thirteen original States passed
from under those articles, to the Constitu-
ton, they passed from less to more per-
feet Union, and agreed to further limitations
upon their sovereignty.
under the present Constitution, among
the limitations and prohibitions upon the
sovereignty of the States,i is expressly pro-
| VlQeQ llaI mo Oldte Sllal cHtcI lllto any
treaty, alliance or confederation, grant let
tiers of marque and reprisal, coin money,
emit bills of credit, make anything but gold
and silver coin a tender in payment of debts;
and mo State shall, without the consent Of
Congress, lay any duty of tonnage, keep
troops or ships of war in time of peace, en-
ter into any agreement or compact with a
mother State, or with foreign power, OF
engage in war, unless an ally invaded, OF
in such imminent danger as will admit Of
no delay 1t may be affirmed, with entire
truth, that all the attributes of sovereignty
which relate to peace and war, commerce
navigation, friendship and intercourse with
and, in short, all that relate to foreign pow
ers, and several of these attributes which
relate to the internal administration of the
States themselves, are voluntarily surren.
dered to the general government, and can
not be exercised by the States. The per
Torrance of any of the forbidden acts woulc
be null and void, no matter in what solemn
and authentic form, nor by what State au
thority, the legislature, convention; or the
people themselves of the State, in an aggre
gate mass, it might be performed. Thu
Constitution of the United States would in
: stantly intervene, vacate the act, and pro
1 claim the over-ruling, supreme and para
mount authority of the Constitution, law
E and treaties of the United States.
at is clear, therefore, that no State Cal
II IL ~