New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-10-18

a marty. bound by solemn compact 20 o'het PHi
,iss nav cancel or violate the compact whenever
II links nrorer without their consent. In order 10
secnTe isrec- and submission 70 The Union tne
Constitution expressly PROVIDES mat this CONSUL
ton and the IA as Of the United states "hich slili
e MADE IN pursuance thereof ana All treaties maui
~ xb,ch char he made under the authority OF me
United States shall be the supreme Law OF the iaho
and The 6ges IN every State shall be bound there
bv any thing IN the Constitution or Laws OF any
state 20 the contrary notwithstanding
Thus each and every ore OF the states has agree
not only thai rs ordinary legislation, out th'I ~
CcnstIrution. the higher IA" maze oy tls PeVplV
,h.mseiyes IN Convention snail. IN any cases OF con
H,ct he subordinate 10 the paramount authority Oh
The Constitution. laws made IN pursuance theIeol'
ana treaties OF the Umed States. H. therefore, any
>t-,e vere either IN It's Legislature or IN Con-
v.ntIon of delegates OF the people, to declare, oy
me u,o,t formal act that II had seeded from the
Tuiop such act would be nugatory and an aoso,
lutte nullity and the people OF that safe would
remain bound ~ the Constitution, laws and urea
fisS Of the United States. as fully and perfectly
as II the act had never been proclaimed.
But III re X another view also, conclusive against
the preteuslon Of secession beng power reserved
TO tie states under the amendment Of the Constiu-
ton referred to. The reservation Of power lmpnes
he existence IN the party reservng prior to such
reservation. But when state existed IN rs lnoe-
Uendeut serardte and undSSOclated character, IL
v,ud have no rght of secession there being no con-
federcy OF other party from which TO secede. seceS-
son ) incident 10 union or confederacy. WliAout
y hlch i csn have 30 existence, and unless II IS
which II Springs and sui more # II he utterly ire
conclabe with that compact, It can have no const-
tuiiona,or legitimate foundation
It's conteuded however. N the second place. that
the rght OF appertalns to the states under
and IN virtue OF their sovereignty. ms argument
scoTns any reliance upon the reservation OF pow
eTs m the Constitution, cuts loose ron al me
obligations IN that instrument, deres the power ana
authority OF the General Government, and finds
solution Of the authority for secession IN the sOve
1elenty Of the States. What that sovereignty IS 1t
does not degn 10 define or explain nor TO snow how
one OF lis attributes 10 disregard and violate grave
The sovereignty Of the States, prior to the adop.
ton 4 the present Constitution, was limited and
qualified by the articles Of confederation. Iney
had agreed among themselves to create a perpetual
Mon When, therefore, the thirteen original
states passed from under those articles, TO the
Constitution. they passed from less 70 more per
feet Union. and agreed 10 further limitations upon
their sovereignty.
Under the present Constitution, among the hmita-
lions and prohibitions upon the sovereignty OF the
States, II Is expressly provided that mo State Shali
enter INTO any treaty alliance or confederation, grant
letters of marQue and reprlsal. com money. emf
bills OF creC make any thing but gold and silver com
a tender IN payment Of debts :" and " no state shall,
without tie consent OF Congress- lay any duty OF tu
mage keep troops or ships OF war in time of peace,
enter into any agreement or compact with another
State, or with a foreign power or engage IN war,
unless actually invaded, or IN such imminent danger
as Will admit OF delay. IL may be affirmed, with
entire truth that all the attributes Of sovereignty
which re late TO peace and war, commerce, navga-
ton, friendship and intercourse WITH and In short,
all that relate TO foreign powers, and several OF those
attributes which relate to the internal administration
of the States themselves. are voluntarily surrendered
to the General Government, and cannot be exercised
by The states The performance OF any OF the for
bidcen acts would be null and void, no matter IN
what solemn and authentic form, nor by what state
authority, the Legislature convention, or the peo-
pie themselves OF the state, IN IN aggregate mass, II
might be performed The Constitution OF the United
-,,sa 10 .nA
proclaim the everything, supreme and paramount au-
thorlty OF the Constitution, laws and treaties OF the
United States.
II Is clear therefore that no State do anything
repugnant TO the Constitution, laws and treaties OF
the nIted States What Il might do, If II were IN
possession of all Its absolute sovereignty, and had
never entered into this Union, Is different question
But If we suppose contrary TO the historical fact,
that the States were absolutely sovereign when the
existing Constitution was adopted. could they cT-
cumscrbe and contract their attributes ofso'eregnty
by the s,pulations and provisions which are con
tanned in IL All history is fun oil examples OF tne
total annhlation OF sovereignty, ornationalty, OFT
ener by the power of the sword and conquest, but
sometimes by the voluntary act OF one nation merging
itself INTO another, OF which have striking H.
stance in the case OF Texas, IN our own country.
Assuming that the Constitution Is a mere compact
between independent nations, or sovereign states,
they are nevertheless bound by all the Oongatlons
which the compact creates They are bound 20 alb
STAN from all forbidden acts. and 10 SuOmlt 10 me
SUPREMACY Of the Constitution and laws of the nted
But Will asked, nave they not also the
neht 10 Judge OF the hdelliy with ~hlch tue common
government has adhered 10 the common compact
YES most certainly. They have that night, ani so
mas every citizen OF the lnned states. so has the
General Government also. The ALLEGED violation OF
the Constitution may be exposed ana denounced by
al the weapons of reason, of argument, ai of rlll-
Guile by remonSlrance. protest appeals to me Judi
c.ary, ara 10 the other states oy me press Pubic
CpluICI ard all legitimate means OF perSuhdlng or
lnfeucng u. H. after the employ menI oi all or any
OF these peaceful methocs, the Government OF
the ntCd States. sustained Oy Constitutional ma
iorliy a. the nation persist IL retaining the oonoX-
iou> law there Is alternative but obedience - the
law. on The part OF the minority, or open. uncsguSed
m Ms aid lorc.b.e resistance 10 ltS execution.
The aueged night Of secession IS, | apprehend
son etmes confounced with night OF revolution
Butts partilaus mt an totally different thing They
contend lhat n i peaceful, lawful and II not con-
siltutons remedy, that u Is not forbidden by The
Constitution They insist that Il Is state right to be
recognized and respected ard. that whenever e1-
creased rs STATE tar from being censured or con
cemned. the state. II necessary, is entitled 20 the
cooperation Of other states The prudent 'alor Of
these parilssns m imitation OF the previous example
OF the friends OF notification, disclaims the purpose
Of using themselves and protest against the aPplca
ton to them Of any physical force
The rghi of revolution IS that night which an IN
Justly Oppressed people, threatened VITA, or borne
DOWN on Iuioeraole and u4suppofabie tyranny and
INJUSTICE have Of resorting 10 forcbie resistance, 10
prevent or redress The wTOnes with which lley are
mtnaceo OF under which they are suffering. II may
SIMPLY at removal OF grievances, or IL may seek
totally 70 change the existing government or 70 es-
tabiish within its limits new government IL IS
rehi u, confined by the bOunGaTleS vi Stakes, lA-
though beiEg organized political oolies, they may De
caVaole OF giving greater effect % revolutionary Ell
forts tux Il belongs 10 oppressed man, Whatever
nav te his condition. Ia al revolutions, however,
here are two parties. those who revolt, ana the
government hlcn they forclbly resist lRere are
generally two opposite opinions, also, entertained oil
The cause If resistance that OF those wno rise 10 re-
tthCn believing themselves 10 De WrOnged, ana mat
OF the e1lsung government, which denies having IN
flCted any oppression OF injustice II Is incumbent
upon wise and considerable men, before they hastily
engage II 4 revolution, deliberately % CONSIDER the
MOVIES aid causes OF revolt, and carefully 10 cdcu-
late the pTObate consequences OF fOrclte resistance
II unsuccessful. they know they vii be gulily OF
treason, and incur the penalty inflicted upon traitors
| have thus, gentlemen, presented an imperfect
sketch of some Of the views which ! have taken OF
The existing topics OF the cay. Ii would admit Of
much enlargement and acsluonal illustration. out
have aIeaOy gwen 10 this paper lnOrdlna.e length
In coUtt mplaiing that sketch, We behold much more
10 animate the hopes and encourage the patriotism
~ Naars hon