Weekly national intelligencer., 1851-10-25

ted Stae shall be the supreme law Of the land and the
judges every State shall be bound thereby any thing in the
constitution laws of any State to the contrary notwh-
standing"
Thus each and every one the States agreed not only
that is ordinary Legislation, but that its constitution, the
higher law made by the people themselves In convention,
shs In Of conflict be subordinate the paramount
authority Of the constitution, laws made In thereof
and treaties Of the United States. IT. therefore, any State
were either in Its Legislature in convention Of delegates
of the people, to declare by the most formal act that il had
seeded from the UnoD such act would be nugatoy and
absolute nuy and the people Of that State would remain
bound BY the constitution, laws and treaties Of the United
States fully and perfectly as il the act had never been
proclaimed.
But there another view aso conclusive against the pre-
tension Of secession being power reserved TO the States
der the amendment Of the constitution referred The
servaon Of power implies s existence in the party
ing prior to such reservation But when State existed in
s independent SEPARATE and unassoated character could
have had right Of secession there being no conederacy
or other party from which to secede Secession s incident
to union confederacy, without which have exist
ence, and unless is clearly provided for in the compact Of
union, out Of which i, springs, and still more If it be ut
ey ireconcable with that compact can have no const
tuonal or legitimate foundation.
is conerded however, the second place. that the right
Of secession sPPesns to the Sses under and in virtue Of
their sovereignty This argument any reliance upon
the reservation Of powers in the constitution cuts from
all the obligations in that instrument de6es the power and
authority Of the General Government and finds solution of
the authority for secession 10 the sovereignty of the States
What that 5overegny is it does degn define or ex
pain to show how Of its attributes disregard and
violate grave compacts.
The sovereignty Of the States prior the adoption of the
present constitution, was limited and qualified by the articles
Of confederation. They had agreed among themselves to
perpetual union. When therefore, the thirteen orr
ginal States passed from under those articles the cons
ton they passed from less to perfect Uuon and
agreed to further limitations upon their sovereignty.
Under the present constitution, among the limitations and
prohibitions upon the sovereignty of the States expressly
provided that "no State shall enter into any treaty. alliance
confederation, grant atters of marque and repsa coin
money, emf. bills Of credit make any thing but gold and
silver coin tender in payment Of debs; and no State
shall without the consent of Congress- lay any duty Of tom
nage keep troops or ships of in time Of peace enter into
any agreement or compact with another State, with
foreign Power, engage in war, unless actually invaded
in such imminent danger will admit Of delay" It may
be affirmed with entire truth, that all the attributes Of sove
regny which relate peace and war commerce. navigation
friendship and intercourse WITH and, in Short all that relate
to foreign Powers and several Of these attributes which relate
to the internal administration of the States themselves
unay surrendered to the General Government and cannot
be exercised by the States The performance Of any Of the
forbidden acts would be null and void, in what
solemn and authentic form, by what State auhory-he
Legislature, Convention the people themselves of the
State, in an aggregate masst might be performed The
Constitution of the United States would instantly intervene,
vacate the act and proclaim the overulng supreme, and
paramount authority Of the constitution, laws and treaties Of
the United States.
ID L06IoOIc,
nans to the constitution, laws and treaties Of the United
States. What might do if in possession Of all its
absolute sovereignty and had entered into this Union
is different question. But if we suppose contrary to the
historical fact, that the States absolutely sovereign
when the existing constitution adopted could they
cumscrbe and contract their attributes of sovereignty by the
sipuaoHs and provisions which contained in it All
history su Of the total annhaon Of sovereignty
nationality, oener by the Of the sword and conquest
but sometimes BY the voluntary act Of nation merging it.
self into another Of which have striking instance in the
case of Texas, in our own country.
Assuming that the constitution is compact between
independent nations sovereign Staes they neverthe
less bound by all the obligations which the compact creates
They bound to abstain from oil forbidden acts and
submit to the supremacy of the constitution aud laws Of the
United States But will be asked have they not also the
right Judge Of the fidelity with which the common Govern
ment has adhered to the common compact Yes
anly They have that right and has every citizen of
the United States, and has the General Government aso
The alleged violation of the constitution may be exposed
and denounced by all the weapons Of reason Of argument
and Of rdicule by remonsance, protest. appeals the u
dietary, and the other States by the press public opinion
and all legitimate means Of persusding or influencing it, IT.
after the employment of all any of these peaceful
methods the Government of the United States sustained by
constitutional majority Of the naton persist in retaining the
obnoxious law, there alternative but obedience to the
law the part Of the minority, open undsgused,
ly, and forcible resistance to is execution.
The alleged right Of secession s apprehend, sometimes
confounded with right Of revolution. But its partsans
mean totally different thing They contend that ii is
not forbidden by the Constitution They insist that it is
State right be recognised and respected and that when
exercised by State far from being censured
demned the State necessary, is entitled to the coopeia-
ton Of other States The prudent vaor Of these pasans
in imitation of the previous example of the friends Of Nuf
caoD dscam the purpose of using themselves and protest
against the application to them of any physical force.
The right Of revolution is that right which unustly-op-
pressed people, threatened with borne down by ntoerabe
and nsuppoable tyranny aud injustice, have of resong
focbIe resistance prevent redress the wrongs with
which they menaced, under which they suffering
It may aim simply at removal Of grievances may seek
totally to change the existing Government to establish
within hs limits new Government. 1t is right not
fined by the boundaries Of States although, be organized
political bodies they be capable Of giving greater effect to
revolutionary efforts belongsto oppressed man. whatever
may be his condition. In all revolutions, however, there
two pariesthose who revolt and the Government which
they forcby resist There generally two opposite opin-
who in rebellion believing themselves be wronged and
that Of the existing Government which denies having inic
ed any oppression injustice II s incumbent upon wise
and consderae men, before they hastily engage in evou
on, deliberately consider the motives and of revolt
and carefully calculate the probable Of obe
resistance unsuccesssu they know that they will be guilty
of treason, and incur the penalty inflicted upon traitors
have thus, gentlemen, presented imperfect sketch OF
Of the views which have taken Of the existing topics
Of the day Itwouh admit Of much enlargement and add
ona illustrations but have already given to this paper
nordinae length In contemplating that sketch, we behold
much to animate the hopes and to encourage the pat
osm of the country than create regret and apprehension
After such political storm that which violently ragged
during the last Congress- not to be expected that the
nation would instantly settle down in perfect quiet and repose
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