Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1851-09-18


But waving those views. it may be OBJ
served that the word delegate no where
occurs in the constitution as it originally
stood, and in these clauses which coarey
powers Now, ii IS rule Of construction,
that the force of term employed depends
upon its connection in the sentence, and
the use oft was designed to subserve -
The amended clause uses the word, not
TO mark the Mariner in which the powers
passed, not as showing the title, as in 9th
er words, of the recipients, butonly to shew
what powers were conferred CT were not
conferred: to express the truism that those
powers not gwen were reserved. But
when the constitution conferred, or, as
Gen. jackson says, rested the powers;
when the word to be selected was one
marking the nature oj'tAe conveyance, very
different language is employed. "All leg
islaiive power herein granted, shall be
vested in Congress" &c. "The execu-
tive power shall be rested in n President
ofthe United States of America" "The
judicial power shall be rested" &c. Here
the term grant, which means, as every
one knows, Il conveyance and transfer from
maker to taker, and the term rested, which
means ''lixed, not contingent, as rights"
shews what was meant, and excludes the
idea of mere attorneyship. But powers
may be as well delegated so as 10 become
vested and fixed, and not subject TO with
drawal, as they may be granted: "A power
of attorney may be, and Frequently is, IT.
revocablc; and so we have at last TO ex-
anime the nature and contents Of the instru-
| mcni, to fix the nature, construction, and
quantum of its powers.
1t is alleged that New York reserved a
right to sccedc, when she entered into the
Union. Without stopping to inquire what
| effect private reservation OF that sort, a
gainst the whole tenor and effect of the
grant of powers would hav9 and without
stopping to inquire whether the other
states, who had made no such reservation,
would be entitled as against their associ-
ates other than New York, to assert this
right, it may be more confidently averrcd
that the state of New York did not reserve
any right Of secession. Certainly it can
not be pretended. that a right of arbitrary
secession was asserted. The gc-,eral tru-
ism, that a people have right to resume
power, when that power has been abused
to their oppression, does not sanction any
such doctrine: the right claimed is but Il
natural revolutionary right, and adheres to
the whole people and every part; not de-
pendeut upon the peculiar structure ofour
governments; but resulting from the gener-
al principle, that all power resided in .'the
people," and was given for their use, and
that tie pcople may take back power
which is used for their destruction or OPP
preston. The very fact that Madison had
declared to Hamilton Mata right to with
drap could not be reserved, is evidence to
shcw none was so reserved.
We have shewn that "a people" was
const ituted by the federal constitution, and
the people Of the states respectively con-
stitute portions of, and make up such peo-
pie, and the state of New York never
meant to convey thc sclecism,that a part Of
Tie pcople have a right to withdraw from
the rest, except as matter of necessity, to
save themselves from the greater evils Of
tyranny and oppression: and this is rcvolu-
ton.
At.cr ALL it may be said, thatthis discus
sion is rather abstract than practical: that
admitting a right to secede as derived from
same source, what difference is there hon
the title is tracedl The difference is world
wide. "NIisrule and oppression" says
Gen. Jackson, "to warrant the disruption
of the free institutions ofthe union of these
states, should be great and lasting, defying
all other remedy" "For causes Of mi
nor character, the government could no,
submit to such a catastrophe &c. Fol
great evils, or TO guard against such, de
tensive right to stop the course of the gov
ernment creating, or about to inflict them
is conceded; and this right may he exer-
cised by secession, or IN any other way:
But we protest against the right of state
at pleasare- through passion, prejudice
under sudden excitement, influenced by
seditious demagogues or hasty resentments
or the influence otambitous leaders, or 9th
erwise-to break upthe union of all, made
by the fathers OF all, for the good Of all
and supported by the treasure and priva-
tons, sacrifices and blood ofall. We deny
that bare majority of a single state may
when ii chooses TO think, or, what Is the
same thing, to say, 'the compact is violated
and we will break up the Umon," can dc
so; and that that majority, however tempo
rary it might be, can thus destroy the SIGHT.
of the minority IF the state, of all the rest
of the states, and of those who are to come
after them in unnumbered generations: and
that this right may be exercised at any
time, lin the mids: of war, if there should
be one,) when the state thinks fit to cxer.
else it. The very acknowledgment of the
right, would lead to its use: The people
would be persuaded that there was nc
hazard in exerting it:-dcmagogues would
persuade them it was only necessary to
take position of defiance, and menace dis.
solution, in order to get whatever they
wanted: and having fixed them in that po-
sition, their pride would induce them to ful.
ell the threat if unsuccessful in overawing
opposition to their wishes. 1t would lead
to tampeing with the several states, on the
part of foreign influences and agencies, tha,
would vigilantly watch for opportunities
Of infiaming disconients, and exasperating
domestic prejudices and sectional interests,
holding out lures and prospects Of benefit
and advantages to accrue from alliances or
| treaties. 1t would accustom the states to
the idea of dissolution, by its being held up
continually before them; and that desire Of
change, SO prevalent and powerful in the
popular mind, would receive all the excite
ment and stimulus which the arts, the elo-
quence, the address, and the naeaner ap-
piances Of foreign or domestic agitators
could supply. The people would cease to
"arcustom themselves to think aud speak
of the Union as the palladium of their po-
litical safety and prosperity, watching for